PFEI Must Appoint Investigating Prosecutor After Justice Department Recuses Itself from Complaint Against Sebastián Negrón Reichard

The Panel on the Special Independent Prosecutor (PFEI in Spanish) must appoint an investigating prosecutor to take over the preliminary inquiry into the complaint filed against the former director of the Department of Economic Development and Commerce (DDEC), Sebastián Negrón Reichard, after the Department of Justice recused itself from handling the case.

PFEI President Ygrí Rivera explained that the law requires the panel to assume that role when Justice steps aside for reasons of appearance or conflict.

“The secretary could recuse herself if she feels it would not be comfortable for her… In that case, we have the obligation to appoint an investigating prosecutor to conduct the preliminary investigation that the Department of Justice would have carried out,” Rivera said in an interview.

The complaint was filed by La Fortaleza Chief of Staff Francisco J. Domenech with the Department of Justice and the Office of Government Ethics, alleging improper actions tied to internal government processes. Although Rivera declined to address the merits of the case, she confirmed that the PFEI would have jurisdiction to investigate Negrón Reichard even though he no longer holds public office. “Our jurisdiction extends up to four years after the person has left government,” she stated.

The official also noted that the complaint mentions multiple people, which may have influenced Justice’s decision to recuse itself. “It is a complaint that mentions many people… The secretary could understand, as a matter of appearance, that she should recuse herself,” she said.

Rivera explained that, once appointed, the investigating prosecutor will have the authority to recommend the designation of a Special Independent Prosecutor or conclude that there is insufficient cause. In addition, the inquiry could be expanded if additional elements arise. “When prosecutors… realize that there are more crimes or crimes different from those initially contemplated… the law provides for expanding the investigation,” she indicated.

The president recalled that the PFEI’s organic law clearly defines its jurisdiction. “The highest-level officials are investigated… the governor, secretaries, agency heads, mayors, judges,” she said, emphasizing that the panel has operated under that mandate for nearly 40 years.

Rivera added that the panelists—all former judges—and the prosecutors are accustomed to handling high-profile cases objectively. “Everyone is treated… with respect, but with determination and great responsibility,” she stated.

Although the investigating prosecutor will submit a recommendation, the panel is not required to accept it. “We never have to agree with what is recommended to us, but we evaluate it and conduct our own investigation,” Rivera explained. Nevertheless, she acknowledged that, as a general rule, recommendations are usually adopted because of the breadth of the reports. “Sometimes they arrive with that report in boxes of documents,” she commented.