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Cpt. 202300033850

Official Notice2954

The Anti-Corruption Prosecutor's Office requests the Eleventh Civil Court for information on the Lisa v. Villamorey proceeding and Juan Luis Bosch Gutiérrez's performance as judicial depositary.

Issued on
May 10 2023
Issued by
Public Prosecutor
Pages
1

The Anti-Corruption Prosecutor's Office of Panama's accusatory criminal system, through Official Notice No. 2954, requested the Eleventh Circuit Civil Court Judge to provide information on the status of the ordinary proceeding filed by Lisa, S.A. against Villamorey, S.A. (Case No. 7081-08), the designation of Juan Luis Bosch Gutiérrez as judicial depositary, his compliance with reporting obligations, and any requests for his removal filed by the plaintiff. The notice was issued one day after Lisa, S.A. filed its , as part of the initial investigative steps. Two weeks later, the Prosecutor's Office expanded its request through , seeking authenticated copies of the civil case file.

Analysis

Information Requested

Addressed to Judge María Leticia Cedeño Suira of the Eleventh Circuit Civil Court of the First Judicial Circuit of Panama, the notice posed six specific requests:

  • Current status of the ordinary proceeding filed by Lisa, S.A. against Villamorey, S.A. with counterclaim (Case No. 7081-08)
  • Whether Juan Luis Bosch Gutiérrez was appointed or designated as judicial depositary within that proceeding, and under what parameters the designation was made
  • Whether Bosch Gutiérrez filed the required reports related to his depositary role and fulfilled his duties in full
  • Whether the plaintiff requested Bosch Gutiérrez's removal from the judicial depositary position
  • Transmission of authenticated copies of the principal documents in the case file
  • Any other information relevant to the investigation

Procedural Context

The notice forms part of the investigation into alleged offenses against public administration, filed by attorney Carlos De Icaza Muñoz and registered under criminal case file . It constitutes one of the first investigative steps following the filed on May 9, 2023, in which Lisa, S.A. accused Bosch Gutiérrez of peculado (embezzlement) in extended modality, with an estimated amount of $70,000,000.00. The complaint alleged that Bosch Gutiérrez, in his capacity as judicial depositary constituted before the Eleventh Civil Court under Case No. 7081-08, unlawfully retained dividends owed to Lisa, S.A. as holder of 33.3% of the share capital of Villamorey, S.A., without filing any management reports or returning the funds after the deposit was resolved through , issued December 5, 2018.

The Eleventh Civil Court's response to this request was subsequently documented in , dated August 24, 2023, which confirmed that Bosch Gutiérrez never filed any reports on his performance as judicial depositary.

Signatories

  • Mireily Diaz Girón, Assistant Prosecutor, Anti-Corruption Prosecutor's Office, Accusatory Criminal System, Primary Attention Section

Documents

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