By Fel V. Maragay

The Anti-Money Laundering Council yesterday belied allegation that it gave the go-signal for banks to allow withdrawals from 32 bank accounts under the name of former Agriculture Undersecretary Jocelyn Bolante.

The council’s executive director Vicente Aquino said the bank accounts that were linked to the fertilizer fund mess “should still be intact” because he has not instructed the banks to allow withdrawals from such deposits even after the court-issued freeze order expired last Dec. 20.

Aquino was reacting to the allegation of Senator Richard Gordon, chairman of the Blue Ribbon committee, that he allowed Bolante to empty these bank accounts even if the money laundering charges against him are still under investigation by the Senate committee and the council.

Gordon also accused the AMLC of misleading the committee by claiming in his Dec. l0 testimony that the Council has not yet finished its probe but failing to inform the committee that the freeze order was set to expire l0 days later.

Aquino explained that under Rule l0.5 of the AMLC revised implementing rules and regulations, banks “ should not lift the effects of the of a freeze order without securing official confirmation from the AMLC.”

He said that his letter to concerned banks, dated Jan. 5 or l5 days after the Dec. 20 expiration of the freeze order was intended to remind them of this procedural requirement.

“This letter should in no way be construed as AMLC’s official confirmation or instruction for them to release the funds to account owners,” Aquino said in a statement.

He explained that the lifting and expiration of a freeze order are distinct from each other. “Expiration does not ipso facto or automatically bring about the lifting of the effects of the freeze order and this is known to the Association of Bank Compliance Officers of the Philippines .”

Gordon said the AMLC bungled its job by not moving for an extension of the freeze order and for the attachment of Bolante’s properties by the court.

But Aquino said it was the Council, through the Office of the Solicitor General, which filed a petition to freeze the questioned bank Accounts on June 30, 2008.

He said the Court of Appeals initially granted an extension for 30 days. But on Aug. l9 the appellate court, in response to the government’s motion, issued a resolution extending the freeze order by an additional four months.