Lisa, S.A. files a criminal complaint against Villamorey, S.A. before the Anticorruption Prosecutor for intimidating the Fourth Civil Court judge to reverse an embargo in the $44.5 million accounting case.

Facts Alleged

The sequence of events underlying the complaint centers on civil case file 14606-21, a special judicial-accounting proceeding brought by Lisa against Villamorey. On August 2, 2022, the court issued Embargo Order No. 1234/14606-21 against Villamorey's assets. On September 22, 2022, Galindo, Arias y López filed with the civil court a copy of a criminal complaint lodged against the presiding judge, Lcda. Solange Le Ferrec Malek de Booker, registered under case number 202200067006. The following day, September 23, 2022, the judge issued Order No. 1473/14606-21, revoking the embargo.

Lisa characterizes this sequence as a deliberate act of intimidation: filing a criminal complaint against the judge, directly within the civil case file and without any formal admission or notification, for the sole purpose of pressuring the judge to reverse a decision adverse to Villamorey. The complaint emphasizes that the criminal complaint against the judge was subsequently dismissed through Resolution No. 546-23 of April 2023, confirming its lack of legal basis.

Criminal Charges

The complaint invokes two offenses under the Panamanian Penal Code. On intimidation of a public official, Article 360 punishes with two to five years' imprisonment anyone who through violence, intimidation, or deception impedes or obstructs a public official in the legitimate exercise of their functions, with an aggravating factor when the act is committed in the context of judicial proceedings. On calumny in judicial proceedings, Article 384 punishes with three to five years' imprisonment anyone who knowingly files a criminal complaint against an innocent person.

Lisa argues that both offenses are established because Villamorey and its counsel filed a criminal complaint against the judge knowing that no criminal conduct existed, for the purpose of altering the course of the civil proceeding. The complaint notes that a constitutional amparo filed by Villamorey against the same judicial decision had already been declared inadmissible, demonstrating that ordinary procedural channels had been exhausted without success before resorting to criminal proceedings as a pressure mechanism.

Damages and Civil Action

Lisa sets a provisional minimum claim of $44,500,000.00 for damages arising from the harm to its assets, including lost income, legal costs in both civil and criminal proceedings, and the economic impact of the paralysis of the judicial-accounting process. The complaint grounds the civil claim on the assertion that the intimidating conduct deprived Lisa of its property by manipulating judicial bodies and obstructing access to its shareholder rights.

Legal Basis

• Articles 84 through 91 of Law 63 of 2008 (Criminal Procedure Code), governing the filing of criminal complaints
• Articles 81 through 83, 92, 360, and 384 of the Penal Code, defining offenses against public officials and against the administration of justice
• Articles 303, 469, 470, 472, 473, 474, and 481 of the Judicial Code, concerning procedural formalities and party conduct in civil proceedings

Relief Sought

• That Villamorey, S.A., Ramiro López Nimatúj, and all other responsible persons be charged, prosecuted, and brought to trial
• That the corresponding criminal penalties be imposed for undermining the legal security of the Panamanian state
• That Lisa, S.A. be indemnified in accordance with the provisional claim of $44,500,000.00

Signatories

• Carlos De Icaza Muñoz, attorney for Lisa, S.A.