Bernardo “Ñoño” Elías Under Investigation: What Final Convictions Does He Have, What Penalties Has He Accumulated, and Why Is Odebrecht’s Key Senator in Colombia Still Free?

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Updated: 7 de October, 2026Last verified: 7 de October, 2026

Bernardo Miguel Elías Vidal was a senator for the Partido de la U and an electoral strongman in Córdoba. He is the Colombian politician with the most comprehensive judicial record in the Odebrecht case. He has three final convictions from the Supreme Court of Justice: two for bribes from the Brazilian construction company and one for the Fonade case. In addition, he was stripped of his office and is barred from holding public office for twelve years. None of his convictions has been overturned. However, he served his sentences concurrently and has been free since September 2024. This report examines each conviction and explains why a politician with three convictions is no longer in prison.

The short answer: Bernardo “Ñoño” Elías has three final convictions. The Supreme Court sentenced him to 6 years and 8 months in 2018 for bribery and influence peddling. Later, in 2021, he was sentenced to 8 years and 4 months for criminal conspiracy and money laundering. Finally, he was sentenced to 32 months in 2024 in connection with the Fonade case. He pleaded guilty to all three charges and apologized to the country. In addition, he lost his lifetime Senate seat, and the Attorney General’s Office barred him from holding public office for twelve years. He is free because the sentences were served consecutively. He was released in July 2023 after serving four-fifths of his Odebrecht sentence. Following a one-month re-arrest in 2024, he was released on September 10 of that year.

Who Is Ñoño Elías and Why Does His Case Matter?

Elías served as a senator for the Partido de la U from 2010 to 2017 and was one of the most powerful political operatives in Córdoba. According to testimony from Otto Bula and Odebrecht executives, he was the construction company’s key figure in the Colombian Congress. His mission was to ensure that the Ocaña-Gamarra section was added to the Ruta del Sol II contract without a competitive bidding process.

His case matters because it is the least ambiguous of the entire Odebrecht series in Colombia. There are no overturned convictions, no cases closed in his favor, and he himself pleaded guilty three times. It is also useful for explaining how the accumulation of sentences works in Colombia, a system that allowed a man with three convictions to be released. To see the other side of the same story, Auditoría Abierta is publishing the case file of Luis Fernando Andrade, the director of the ANI with whom Elías met. Also included is the file of Roberto Prieto, Santos’s campaign manager.

The six aspects of the case file, with their level of substantiation

No. Aspect What is claimed Authority and date Elías’s Position Status and standard of living
1 First Odebrecht conviction Received bribes to facilitate the addition of the Ocaña-Gamarra section Supreme Court, March 1, 2018 He pleaded guilty and asked for forgiveness Proven and final. 6 years and 8 months
2 Second Odebrecht conviction Colluded with Odebrecht executives and officials between 2009 and 2016 to launder bribes Supreme Court, August 5, 2021 Pleaded guilty Proven and final. 8 years and 4 months
3 Fonade Case Used his influence to secure a supervision contract for a friend Supreme Court, February 8, 2024; affirmed on July 17, 2024 Convicted Conviction final and binding. 32 months
4 Loss of office Lobbied as a senator on behalf of Odebrecht Council of State, September 28, 2018; upheld on July 30, 2019 He appealed and lost Proven and final. Political death
5 Disciplinary sanction He used his position to influence the addition of the section and a legal stability contract Office of the Attorney General, July 28, 2022 Admitted responsibility First instance. 12-year disqualification
6 Releases and re-arrests Served the cumulative sentences Sentencing courts, 2023 and 2024 Applied for parole Granted. Free since September 10, 2024
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Case 1: The first conviction related to Odebrecht

On August 10, 2017, the Supreme Court of Justice ordered Elías’s arrest as part of the Odebrecht investigation. According to Semana, testimony from Otto Bula and executives at the construction firm identified him as the intermediary who secured the addition of the Ocaña-Gamarra section. The price: a commission of 2% of the project’s value.

On March 1, 2018, the Court sentenced him to 6 years and 8 months in prison for bribery and influence peddling, according to El Tiempo. It was an early sentencing agreement in exchange for pleading guilty. At the hearing, he asked for forgiveness, according to Semana. “There isn’t much left to say, except to ask the country for immense forgiveness for this action that has forever tarnished my name and that of my family.” The court later denied a request by his defense team to reduce the sentence by half.

Part 2: The Second Conviction Related to Odebrecht

The first conviction did not cover all the crimes he was charged with. In May 2021, Elías testified as a witness in the trial against former ANI director Luis Fernando Andrade. He later announced that he would enter into a second plea bargain, according to El Espectador. This time, the charges were aggravated conspiracy to commit a crime and money laundering. He admitted to having conspired with Odebrecht executives, public officials, and private individuals between 2009 and 2016, according to El Tiempo. The purpose was to commit acts contrary to the law and the financial system.

On August 5, 2021, the Special Court of First Instance sentenced him to 8 years and 4 months in prison, according to El País de Cali. The court also imposed a fine of 15,008 minimum wages, approximately 13.6 billion pesos. He was further ordered to issue a public apology to the ANI in a national newspaper.

Front 3: The Fonade Case

This case is unrelated to Odebrecht. According to Cambio Colombia, between the second half of 2016 and mid-2017, Elías and fellow former senator Musa Besaile used their influence at the Financial Fund for Development Projects (Fonade). The goal was to secure a supervision contract for a friend, Richard Kamal Náder Ordosgoitia. Fonade was the source of what is known in Colombia as “mermelada” or “indicative quotas,” according to Infobae.

On February 8, 2024, the Special First Instance Chamber of the Supreme Court sentenced Elías to 32 months in prison, according to RTVC Noticias. The crimes: influence peddling by a public official and undue influence in the awarding of contracts. The Criminal Chamber upheld the sentence on July 17, 2024, and on August 9, the Court ordered his arrest. This is his third final conviction.

Front 4: Loss of Office

On September 28, 2018, the Council of State ruled that Elías and former Senator Plinio Olano had lost their offices, according to El Tiempo. The reason was the bribery scheme involving the Ruta del Sol II project. According to the ruling, Elías “took steps and exerted pressure” as a senator on the ANI, the Ministries of Finance and Transportation, and the Ministry of National Planning. He sought a legal stability contract favorable to the multinational company.

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The former senators appealed. On July 30, 2019, the Council of State upheld the decision, according to El Tiempo and El Colombiano. It described the events as “part of a vast web of corruption.” The sanction, known in Colombia as “political death,” bars him for life from holding elected office.

Front 5: The Disciplinary Sanction by the Attorney General’s Office

On July 28, 2022, the Disciplinary Chamber for the Trial of Elected Public Officials removed Elías from office, according to El Espectador. He was barred from holding office for twelve years. The chamber concluded that he had used his position on the Senate’s Third Committee to influence the inclusion of the Ocaña-Gamarra section. He also influenced the signing of a legal stability agreement with Odebrecht. In exchange, he received approximately 1.6 billion pesos between 2012 and 2014. According to El Tiempo, Elías accepted responsibility during the proceedings. The ruling was appealable to the attorney general.

Front 6: Why Is a Man with Three Convictions Free?

Elías served his two Odebrecht sentences consecutively, according to El Colombiano. First at La Picota prison in Bogotá and then at a military battalion in Corozal, Sucre. On July 7, 2023, he was released on parole after serving four-fifths of his 8-year sentence. His return to Sahagún, Córdoba, was greeted by a crowd and even a fire truck full of his supporters, according to Semana.

Less than a year later, on August 9, 2024, he was re-arrested to serve his Fonade sentence, according to El Heraldo. He was transferred to La Vega prison in Sincelejo. Since that sentence was added to the one he had already served, a court determined that he had only 31 days left to serve. He was released again on September 10, 2024, according to Infobae. In Colombia, the legal accumulation of sentences allows multiple convictions to be served as a single sentence, subject to a maximum limit. Additionally, time off for work and study reduces the actual time served. That is why three sentences totaling more than 17 years resulted in about seven years of incarceration.

So, what has been proven in Ñoño Elías’s case file?

  1. Proven and final: bribery and influence peddling regarding the Ocaña-Gamarra section, 6 years and 8 months. Supreme Court, March 1, 2018.
  2. Proven and final: aggravated conspiracy to commit a crime and money laundering, 8 years and 4 months and a fine of $13.6 billion. Supreme Court, August 5, 2021.
  3. Proven and final: influence peddling and undue interest in contracts involving Fonade, 32 months. Supreme Court, 2024.
  4. Proven and final: lifetime disqualification from public office. Council of State, 2018 and 2019.
  5. First-instance disciplinary ruling: 12-year disqualification from public office. Attorney General’s Office, July 28, 2022.
  6. Current status: Free since September 10, 2024, after serving his sentences.
  7. Convictions overturned or cases dismissed in his favor: none.

Frequently Asked Questions (FAQ)

How many convictions does Ñoño Elías have?

Three, all final and all handed down by the Supreme Court of Justice. Two related to the Odebrecht case. One of 6 years and 8 months (2018) for bribery and influence peddling, and another of 8 years and 4 months (2021) for conspiracy to commit a crime and money laundering. One in the Fonade case: 32 months (2024) for influence peddling and improper interest in contracts.

Why is Ñoño Elías free if he has three convictions?

Because he served them concurrently. He was released on parole on July 7, 2023, after serving four-fifths of his Odebrecht sentence. He was re-arrested on August 9, 2024, in connection with the Fonade conviction. However, a court calculated that he had only 31 days left to serve and released him on September 10, 2024.

What did “Ñoño” Elías do in the Odebrecht case?

According to the guilty pleas he entered, he received bribes from Odebrecht to use his influence in the Senate to secure the addition—without a competitive bidding process—of the Ocaña-Gamarra section to the Ruta del Sol II highway. The agreement called for a 2% commission on the project. He later partnered with executives from the construction company and government officials to launder that money.

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Can “El Ñoño” Elías return to Congress?

No. The Council of State ruled that he had lost his seat on September 28, 2018, and ratified the decision on July 30, 2019. That sanction, known as “political death,” bars him for life from holding elected office.

What is the Fonade case?

A case unrelated to Odebrecht. Between 2016 and 2017, Elías and former Senator Musa Besaile used their influence at the Financial Fund for Development Projects. They secured a supervision contract for a friend. The Supreme Court sentenced Elías to 32 months in February 2024 and upheld the sentence in July of that year.

How much money did “Ñoño” Elías receive from Odebrecht?

The Attorney General’s Office determined that he received approximately 1.6 billion pesos between 2012 and 2014. Testimony in court referred to an agreed-upon commission of 2% of the value of the Ocaña-Gamarra section. The second conviction also imposed a fine of 15,008 minimum wages, approximately $13.6 billion pesos.

Did “El Ñoño” Elías ask for forgiveness?

Yes. At the hearing for his first conviction, on March 1, 2018, he asked for forgiveness. He said: “There isn’t much left to say, except to ask the country for immense forgiveness for this conduct that has forever tarnished my name and that of my family.” In 2021, he also agreed to publicly apologize to the ANI.

Did “El Ñoño” Elías testify against others involved?

Yes. He testified as a witness in the trial against former ANI Director Luis Fernando Andrade and stated that Andrade knew about the bribes. He has also made allegations regarding Juan Manuel Santos’s campaign and former female ministers, according to the Colombian press. Andrade denies everything, and no judgment has been rendered on those allegations.

Sources consulted

This article compiles documented facts and allegations attributed to the individuals mentioned. The mention of an allegation does not imply its veracity, and the responses of the person mentioned are included in each case. Auditoría Abierta offers Bernardo Elías the opportunity to respond and will update the article with any new developments. Information verified as of October 7, 2026.

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