The Comptroller of Puerto Rico reveals that at the Metropolitan Bus Authority (AMA) fuel was dispensed to private persons and unauthorized entities for $15,171 after the passage of Hurricane María. From September 23 to October 25, 2017, dispensing was carried out to the contractor that operates the Urban Train, to private persons in private vehicles, and to employees of the Highway Authority, of the Department of Transportation and Public Works (DTOP), and of the Maritime Transport Authority.
In addition, the AMA dispensed gasoline to vehicles of the State Insurance Fund Corporation and the Police of Puerto Rico, not authorized by Emergency Resolution 2017-30A which empowered the dispensing of fuel to the vehicles of the DTOP and attached agencies.
These acts, contrary to Article VI, Section 9 of the Constitution, may have constituted the crimes of illicit appropriation of public works or services, false certifications, and perjury, among others. The Constitution establishes that public property and funds shall be used only for public purposes and for the support and operation of the State's institutions and, in any case, by authority of law.
These situations are attributed to the fact that the then-president and general manager of the AMA and the director and officers of the Office of Internal Security took advantage of their positions to allow private persons and entities to obtain benefits not permitted by law and the applicable regulations.
These acts were referred to the Federal Department of Justice, to the Inspector of the United States Department of Transportation, to the secretary of the Department of Justice, and to the director of the Office of Government Ethics of Puerto Rico, so that they may take the measures they deem appropriate.
The special Report also notes that the AMA issued 19 invoices for $84,024 to the entities whose vehicles were supplied with fuel, and as of April 16, 2018, had only received payment for eight invoices for $30,000.
The president and general manager of the AMA certified to the Comptroller's auditors that there are no records of entry and exit of persons and vehicles at the dispensing stations, although the private security company and the Internal Security officer indicated that the Visitors Registry always had to be completed. In addition, certifications from the president of the AMA and the secretary of the DTOP indicated that they did not authorize the supply of fuel for the personal use of their employees, despite the fact that the Internal Security officers declared under oath that they verified the list of authorized persons and vehicles before dispensing fuel.
The report reveals multiple irregularities in the Fuel Dispensing Registry such as: the registration of an Urban Train contractor as an employee, three persons with license numbers that did not belong to them, or fuel dispensing to external tanks for electric generators.
The Report recommends that the president and general manager of the AMA carry out collection efforts for $14,704 from the contractor that operates the Urban Train and take the corresponding administrative measures, among others..
See Audit Report CP-22-05.
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