Apr 30 2025
Lisa, S.A.
This second reiteration of the dividend return and civil contempt petitions, first submitted in the <doc id="pty-556-99-2025-02-10-a" /> of February 10, 2025, departs from the <doc id="pty-556-99-2025-03-27-a" /> of March 27, 2025, which had focused on rebutting claims of non-finality raised in criminal proceedings. This filing instead introduces new documentary evidence that materially strengthens the factual basis for both petitions: a page from Villamorey, S.A.'s Share Register Book, an authenticated and apostilled copy on file in Case No. 14240-21 before the Sixth Circuit Civil Court of Panama. The document reveals that Villamorey, S.A. continues to carry the sequestration annotation on Lisa, S.A.'s dividends in its share register, as though the precautionary measure remained in effect.
Lisa, S.A. argues this annotation lacks any legal basis. The original sequestration, decreed under <doc id="pty-556-99-2008-10-27-a" /> of October 27, 2008, was extinguished by <doc id="pty-556-99-2018-12-05-a" /> of December 5, 2018, which directed the $894,718.00 judgment to be satisfied through set-off against the retained dividends. The finality of that order was confirmed by the First Superior Tribunal in its <doc id="pty-556-99-2019-07-12-a" /> of July 2019 and by the Supreme Court Plenary's denial of Villamorey's <doc id="pty-556-99-2020-06-24-a" /> in June 2020.
Lisa, S.A. reiterates that Juan Luis Bosch Gutiérrez, constituted as judicial depositary since November 2008 under Article 536(4) of the Judicial Code, remains legally obligated to return the retained funds and render an accounting of his tenure. The filing recalls that Bosch Gutiérrez himself acknowledged in his <doc id="pty-556-99-2008-11-25-a" /> of November 25, 2008 that the retained dividends were at the court's disposal.
Lisa, S.A. characterizes the persistence of the share register annotation as deceptive conduct by Villamorey, S.A. and Bosch Gutiérrez, designed to manufacture a pretext for the continued retention of funds that legally belong to Lisa, S.A. The filing emphasizes that following the lifting of the BDT Investments, Inc. attachment in the executive proceeding <law id="pty-31638-12" />, communicated via Official Notice No. 29 of January 3, 2025, no precautionary measures of any kind remain in force against Lisa, S.A.