against him.’ 70 Nevertheless, […] he formulated the arguments he considered ‘were pertinent to the facts narrated in the official notification letter.” 71 Moreover, he noted that he had not satisfied any of the circumstances foreseen in the “Conflict of Interest Regulations” given that he did not gain any benefit from the donations nor did he fail in his commitment expressed in the Declaration on Conflict of Interests.72 Also, he alluded to distinct documents in the administrative case file and recorded those deemed pertinent. 73 50. The result of the investigation phase was the Report on Results of the Department of Industry Oversight.74 In said report, the following was indicated regarding the investigated facts, events, and omissions regarding three (3) donations made by PDVSA, two (2) of them to the benefit of the Civil Association Primero Justicia. The report noted regarding the first donation made, that75: i) the donation was carried out without contractually establishing “the specification of the objectives for which the donation was intended, its use, the purpose or period of the donation, the management of bank accounts, schedule of reimbursements, reports which the recipient (donee) must present, as well as the follow-up activities that the donor would carry out (PDVSA)” 76; ii) the donation was formalized by [Mrs.] Antonieta Mendoza de López, […], who ordered the request for issuance of the check and the draft of the donation document, despite the existence of “a direct family relationship between her (the mother) and the citizen Leopoldo López Mendoza (the son), […], who at the time of the donation (December 23, 1998), held a position as a member of the Board of Director of the Civil Association (the beneficiary of the donation)”, and iii) Mr. López Mendoza “was an active employee of the PDVSA (Analyst of Entorno Nacional [National Environment]) where he had signed a conflict of interest.[…] ‘the Declaration on Conflict of Interests.’” On its behalf, regarding the third donation, it was noted that: i) the donation was carried out without contractually stipulating the prior mentioned requisites, and ii) Mr. López Mendoza held a position in PDVSA and was a member of the Board of the Association. As such, the report 70 Brief presented by Mr. López Mendoza of October 31, 2003, Case file No. 08-01-06-04-005 (case file of annexes to the answer to the application, tome XIV, annex A, folio 6363). 71 In addition to the alleged violation to the right to defense, Mr. López Mendoza argued that: i) “it was not he who […] received [the donations], nor directly nor indirectly,” and ii) neither did he “take part or influence in the donations given to the company, nor did he benefit from them in a personal way, nor did he favor a particular relative[, to which] he did not incurr in any of the alleged conflicts of interest.” Cf. Brief presented by Mr. López Mendoza on October 31, 2003, supra note 70, folios 6359 to 6371. 72 Mr. López Mendoza issued on May 14, 1998, the “Declaration on Conflict of Interest” before the Board of Directors of Petróleos de Venezuela, S.A. wherein he stated he was not the Principal Director, nor Substitute, nor employee, nor did he occupy a director, executive, or administrative position in any instituiton, company, or commercial, industrial or financial firm. Cf. Brief presented by Mr. López Mendoza on October 31, 2003, supra note 70, folios 6359 to 6371. 73 In particular, Mr. López Mendoza attached to the brief a copy of the proposed donations and contributions of the company PDVSA of 1999. Cf. Brief presented by Mr. López Mendoza on October 31, 2003, supra note 70, folios 6359 to 6371. 74 Cf. Report on results of the Office of Industry Oversight (case file of annexes to the answer to the application, tome XVIII, annex A, folios 7327 to 7449). 75 Cf. Report on results of the Office of Industry Oversight, supra note 74, folios 7327 to 7449. 76 Report on results of the Office of Industry Oversight, supra note 74, folio 7442. 23