BDT asks the Twelfth Civil Court to issue a letter rogatory to Guatemala requiring GTC Bank to provide full records on accounts linked to Villamorey's $19,000,000.00 deposit.

This motion forms one half of a two-pronged evidentiary strategy pursued the same day before the Twelfth Civil Court of the First Judicial Circuit of Panama: it targets GTC Bank, while a companion Motion requires Villamorey, S.A. to render a direct accounting. Both invoke international judicial cooperation to obtain the financial information on Villamorey's $19,000,000.00 deposit that prior efforts failed to secure.

Information Requested

BDT asks GTC Bank to report the current status of the accounts, the total deposit amount, the opening date, and the general terms of the corresponding financial instruments. The bank is further required to disclose whether the funds have been withdrawn, transferred, or frozen, identifying the beneficiaries, amounts, and modalities of each transaction. The request includes certified copies of the complete bank file and consolidated records of all transactions.

Legal Basis

• Article 2(b) of the Inter-American Convention on Letters Rogatory — authorizes the collection of evidence and reports abroad between States Parties. The request qualifies as an informational requirement of a banking and documentary nature directed at an entity domiciled in Guatemala, within the framework of a Panamanian civil proceeding.

Procedural Context

The motion references the April 12, 2022 Order 898-2022, through which the Twelfth Civil Court lifted the attachment decreed by the December 12, 2012 Order 1838-2012 over the funds that Villamorey was required to deliver to Lisa at GTC Bank, assigned to BDT under the judicially approved settlement. Despite the lifting of the attachment and its appellate confirmation, BDT has been unable to access the funds. The February 2025 Motion requested a direct order to the bank for release of the funds, but with no result forthcoming, this new filing invokes international judicial cooperation to obtain, at minimum, the banking information necessary to determine the actual status of the $19,000,000.00.

Signatories

• Lcdo. Carlos De Icaza, Counsel for BDT Investments Inc.