The National Bureau of Investigation yesterday revealed that a Bureau of Immigration officer has been convicted for the falsification of travel records showing that former Wirecard chief operating officer Jan Marsalek was in the Philippines even if he did not arrive and leave the country in 2020.

The NBI said BI officer Marcos S. Nicodemus has been found guilty by the Pasay City Regional Trial Court of violations of Republic Act 10175, the Cybercrime Prevention Act, and RA 3019, the Anti-Graft and Corrupt Practices Act.

Though the RTC decision was not provided by the NBI, it said that Nicodemus "was sentenced by the court to a maximum imprisonment of nine years for each of the criminal cases with perpetual disqualification to hold public office."

Marsalek, an Austrian national, has been wanted by the German government for his involvement in the $2.2 billion Wirecard fraud.

In 2020, the Philippine government joined the hunt for Marsalek due to Wirecard's links in the country and discovered travel records that showed that the Austrian came to the Philippines in 2020.

Then Department of Justice Secretary and now Solicitor General Menardo I. Guevarra ordered the NBI to conduct an investigation.

In August 2020, the NBI "recommended to the DoJ the prosecution of subject Marcos Nicodemus for falsifying the travel records of an Austrian national."

"Investigation conducted by NBI-IAID (NBI-International Airport Investigation Division) revealed that based on Marsalek's travel records, he arrived in the Philippines through NAIA Terminal 1 on 23 June 2020, processed by Immigration Officer Darren Ilagan but with a mysterious 'canceled by user' remark and departure on 24 June 2020 at Mactan-Cebu International Airport processed by Immigration Officer Perry Michael Pancho," the NBI said.

"However, NBI-IAID discovered thru CCTV (closed circuit television) footages that Marsalek never entered the Philippines and he did not even depart through MCIA," the NBI said.

The records of Marsalek were found to be spurious due to the following: Existing immigrations protocol as of that date disallowing passengers from entering Philippine territory due to Covid situation; absence of actual scanned data page of the passport; existing protocol that incoming flights of airlines disallowing the boarding of a passenger who will be prevented entry based on the destination country's protocol as of flight date.

The NBI said that Ilagan testified that Nicodemus, who was his supervisor, "ordered him to conduct a derogatory check upon Marsalek despite the fact that he was already not on duty on that date and that Marsalek is not present during checking."

Guevarra in 2020, said that the travel records of the Marsalek were falsified possibly as "diversionary tactics to mislead his pursuers."