Las Uvas: The town that only exists in paper

WHO LIVES IN THE 54 HECTARES TITLED BY ANATI?

The desolate lands in coveted Juan Hombrón
R. M. KOSTER
periodistas @laestrella.com.pa


Before the coastal peninsula became a public issue, 'La Estrella' visited it twice in three years and found no traces of human life in the place

12.07.2011 Title resolutions issued by the Ministry of Finance for the twelve corporations listed 45 people. The vast majority alleged land holders, the others, witnesses, 'who have declared under oath that they are residents and residents of the community in Juan Hombrón Las Uvas, district of the chiru, a district of Antón, Cocle province '.

In almost all cases the residence period exceeds 20 years. In no case is less than five.

I tried to visit the community of Las Uvas three years ago, on November 13, 2008 to be exact. A few miles west of Rio Hato is a stone path that runs from the Panamerican highway to the sea, where the five or six houses of Juan Hombrón are.

If the tide is low, the peninsula can be reached on foot or by car.

I drove along its length. A group of investors were attempting to obtain title land which rights of possession they had bought from some fishermen, and I researched for La Estrella.

I found a strip of sand, half covered on the lagoon side of the scattered scrub. Aside from insects, crabs and birds, it was empty of animal life, and the only trace of human life were a couple of decaying ranches, rotting from rust.

I could not visit the community because there was none! although 45 people have said, 'under oath', who resided in it when I visited the peninsula.

In January this year, the 28th, two journalists from La Estrella went there. Cortez Zelideth reporter and photographer Luis Garcia.

They found the same as me, except that now there are three ranches. Apart from the two and their guides, no one was there.

What would have happened to the 45 residents? Could it be that, on both occasions, they were all on vacation.

Residents often have residences. What has happened to them? Neither I nor Luis Zelideth not see nothing worthy of appeal. Perhaps the residents, such as snails, had brought, or penalty of perjury may not weigh much in the Las Uvas, as elsewhere.

Zelideth and Luis spoke with some of the persons mentioned in the land title resolutions.

They live near Anton, several miles from Las Uvas. They said that sometimes, when fishing, they spend the night in Las Uvas.

It may be true, although it would have been necessary to bring drinking water, for on the peninsula there is not a drop. You may tell the truth, but spending a night in a place from time to time is something different from what the alleged inhabitants of Las Uvas declared "under penalty of perjury ', and gives no possessory rights over anything.

Some of the people mentioned in the resolutions have the same names and identification numbers that they sold their alleged possession rights to the group of investors that I researched in 2008. I do not blame them at all. There are wealthy bums who make their land scams, it is fair that poor people take something, and the most they got was a few thousand dollars.

A funny thing happened when the group tried three years ago to obtain title in Las Uvas. A real estate broker named Jimenez sent an e-mail to Mr. Steve Guthrie, Denver, United States, secretary-treasurer of Grand Panama International, offering lots at bargain prices. 'He wanted to sell land that we had bought from Mr. Lucom and for which we had paid half a million dollars!' said Guthrie.

"That lagoon is where we thought of putting the marina, and without those miles Santa Monica beach is unfit for the project."

RANCHES. In Juan Hombrón (Las Uvas), the houses look more like ruins. Photo: Luis Garcia | La Estrella

http://laestrella.com.pa/online/impreso/2011/12/07/las_desoladas_y_codiciadas_tierras_de_juan_hombron.asp

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54 hectares of Juan Hombron (in Spanish)
New suit alleges RICO conspiracy
Las Uvas: Fever in the coast
Latin America's First "Branded City" Planned for Panama Gold Coast


View Larger Map


August 6, 2011, decision by Justice Oyden Ortega
September 30, 2011, clarification by Justice Oyden Ortega
Grand Panama International et al vs. Hacienda Santa Monica, S.A,, ... Interplus Inversiones Internacionales S.A.; Interplus Panama, S.A., complaint by company Lucom promised to sell his property to.

New suit alleges RICO conspiracy

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|10/03/2011 @ 11:21AM |826 views

Trust Fund Stolen From Poor Children In Panama, Lawsuit Claims

Family fights over wills, trusts and estates are far too common, not only in our country, but elsewhere. Sometimes, those fights reach a whole new level. This has certainly been the case with a tragic story from Panama which harmed those most in need … millions of impoverished and starving children.

A Florida attorney, Richard Lehman, takes center stage in the dispute. He recently sued political officials throughout Panama — including three Supreme Court judges — charging corruption, bribery, theft, and much more. The fight involves the estate of Lehman’s former friend and client, Wilson Lucom.


When he died in June of 2006 at the age of 88, Lucom was an expatriate American living in Panama. One year before he died, Lucom signed a will generously leaving the majority of his $50 million fortune to a trust fund to benefit the poor and needy children of Panama. That fortune includes ocean-front real estate which has appreciated in value, so that Lucom’s estate is now valued at more than $150 million.

Lucom’s widow, Hilda Piza Lucom, was well-connected in Panamanian political circles. In fact, she used to be married to the son of a President of Panama. Lucom’s will left her a monthly allowance of $20,000 and the right to live in and use the marital home throughout her life. Her children also received specific bequests (Lucom had no children of his own). But Hilda wanted more … much more.

Hilda sued to challenge the will and claimed that Lucom’s attorney, Richard Lehman, had coerced Lucom into creating it so he could manage the charitable trust, which the will named as the primary beneficiary to Lucom’s vast estate. Through the lawsuit, a court in Panama removed Lehman as the estate’s executor, but ultimately found the will valid. Hilda then appealed to another court, which again found the will valid.

Finally, she appealed again to the Supreme Court of Panama. That Court, acting through three judges, issued a strange decision which upheld the will but at the same time ruled that Lucom really wanted to benefit his “beloved wife.” The judges overturned the distribution of the bulk of Lucom’s fortune to his charitable trust fund and instead named Hilda as the “universal heir.”

Several different people, including the notary who signed the will and even a prosecutor, filed challenges to the Supreme Court’s decision. In the face of those legal challenges, the entire Supreme Court of Panama decided to review the case a second time. For the last year, the case has been in a holding pattern, until the Supreme Court issues another ruling.

In the meantime, the Florida attorney, Lehman, is tired of waiting for the money to be released to help the poverty-stricken children in Panama. It is estimated that 20% of Panamanian children suffer from malnutrition and more than one-half of children under the age of five live in poverty. Lehman says he wants the children to finally benefit from Lucom’s wishes.

So Lehman recently filed a lawsuit in federal court in Florida, accusing Hilda, some of her adult children from her first marriage, and various Panamanian judges, prosecutors, attorneys, and others, of being part of a massive, criminal RICO conspiracy. RICO is a set of United States federal laws used to combat organized crime and corruption.

In his lawsuit under the RICO laws, Lehman accuses the three Supreme Court judges of accepting bribes in the amount of $1.5 million, each. He says Hilda and others acting on her behalf caused numerous false criminal charges to be asserted against him — including one for murder — in an effort to prevent him from acting as estate executor and to inhibit him from fighting against them in court. He even suggests that the conspiracy led to a murder attempt on the life of one of Lehman’s allies.

The RICO lawsuit seeks $732 million in damages on behalf of Lehman and the charitable trust that Lucom created to implement his directive to benefit poor children in Panama. You can read the complaint that recently started this lawsuit here.

Lehman said, in an interview with Thompson Reuters, that “every word” in his RICO complaint is true and he wants the whole world to know about the corruption in Panama and the effect it’s had on the starving children there.

A Florida attorney representing some of those accused of the criminal conspiracy says that this is merely the last in a line of “frivolous lawsuits” and notes that a court in Florida already ruled that Lehman misused estate assets to the tune of $2 million. But, Lehman includes a claim in his new lawsuit that the recent Florida ruling was procured through false evidence as part of the conspiracy.

His opponents think that this is nonsense. One of the attorneys fighting against Lehman, Matias Dorta, emailed us a copy of the Florida’s judge’s ruling, which referred to Lehman as, “a covetous opportunist using the ancillary estate assets … seeking personal advantage and control of assets in the $25-50 million domiciliary estate.” Dorta says that Lehman’s new claims were already raised and dismissed in a previous lawsuit.

Clearly, there are two sides to the story, and both sides accuse the other of foul play. You can read the Florida Judge’s decision against Lehman here.

Regardless of whether Lehman’s more-shocking allegations are true, the fact remains that Lucom signed a will wanting to benefit those in Panama who most needed help. While some question whether Lucom really had these charitable intentions, the case does present a lesson. This lengthy and expensive probate court fight could have been largely avoided.

How? There was no reason for Lucom to rely on a will and force his assets to pass through the court system, which had been accused by many of being corrupt. While Lucom created a trust — in Panama — to implement his wishes (at least, according to Lehman), that trust was never funded with his estate assets before he died.

Lucom could have transferred his assets into his trust during his lifetime. Or, better yet, he could have created a trust somewhere other than Panama (like Florida for example), transferred his assets into it, and avoided the Panama court system entirely.

Creating and a funding a revocable living trust — early, before there is a question of mental competency or undue influence — is the best way to prevent a family fight over your estate. By making this change late in life, and failing to use a trust to avoid probate, Lucom made it much harder for his wishes to be followed.

It’s a sad lesson that everyone can learn from.

By Danielle and Andy Mayoras, co-authors of Trial & Heirs: Famous Fortune Fights!, husband-and-wife legacy expert attorneys, and hosts of the national television special, Trial & Heirs: Protect Your Family Fortune! For the latest celebrity and high-profile cases, with tips to protect yourself, your loved ones, and your clients, click here to subscribe to The Trial & Heirs Update.

See full text in http://www.forbes.com/sites/trialandheirs/2011/10/03/150-million-trust-fund-stolen-from-poor-children-in-panama-lawsuit-claims/

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La Estrella de Panamá - The Panama Star
The Lucom legacy
Las Uvas: Fever in the coast

Supreme Court of Justice-Panama
August 6, 2011, decision by Justice Oyden Ortega
September 30, 2011, clarification by Justice Oyden Ortega
Grand Panama International et al vs. Hacienda Santa Monica, S.A., complaint by company Lucom promised to sell his property

La Voz Nueva
Legal case clouding Panama/U.S. commerce

Youtube video
100 acres of beachfront are misappropiated
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Virginia Resident Pleads Guilty to Bribing Panamanian Officials for Maritime Contract

If somebody says that paying a kickback is a harmless way to get things done in Panama, run away! This guy discovered the hard way that paying for a re-election campaign in Panama through a dividend is not a good idea.

Does that mean that the Panama PRD officials involved are also guilty of corruption? What will Panama judges do?

Department of Justice Office of Public Affairs

FOR IMMEDIATE RELEASE Friday, November 13, 2009

Virginia Resident Pleads Guilty to Bribing Panamanian Officials for Maritime Contract
WASHINGTON – Charles Paul Edward Jumet of Fluvanna County, Va., pleaded guilty today in connection with his role in a conspiracy to pay bribes to Panamanian government officials to secure a maritime contract, announced Assistant Attorney General of the Criminal Division Lanny A. Breuer, U.S. Attorney for the Eastern District of Virginia Neil H. MacBride, Joseph Persichini Jr., Assistant Director-in-Charge of the FBI’s Washington Field Office, Jennifer Smith Love, Special Agent-in-Charge of the FBI’s Richmond Field Office and James A. Dinkins, Special Agent-in-Charge of U.S. Immigration and Customs Enforcement’s (ICE) Office of Investigation, Washington.
Jumet, 53, pleaded guilty before U.S. Magistrate Judge Dennis W. Dohnal in Richmond, Va., to a two-count information charging him with conspiring to make corrupt payments to foreign government officials for the purpose of securing business for Ports Engineering Consultants Corporation (PECC) in violation of the Foreign Corrupt Practices Act (FCPA); and making a false statement.
PECC, a company incorporated under the laws of Panama, was affiliated with Overman Associates, an engineering firm based in Virginia Beach, Va. According to Jumet’s plea, PECC was created so Jumet, Overman Associates and others could corruptly obtain a maritime contract from the Panamanian government.
According to court documents, Jumet was involved in a conspiracy to pay money secretly to Panamanian government officials for awarding PECC contracts to maintain lighthouses and buoys along Panama’s waterway. In December 1997, the Panamanian government awarded PECC a no-bid, 20-year concession to perform these duties. In exchange for the concession, Jumet and others authorized corrupt payments to the Panamanian government officials.
In 2000, Panama’s Comptroller General’s Office suspended the contract while it investigated the government’s decision to award PECC a contract without soliciting any bids from other firms. In 2003, the Panama government resumed making payments to PECC.
In connection with his guilty plea, Jumet admitted that from at least 1997 through approximately July 2003, he and others conspired to make corrupt payments totaling more than $200,000 to the former administrator and deputy administrator of Panama’s National Maritime Ports Authority and to a former, high-ranking elected executive official of the Republic of Panama.
In his guilty plea, Jumet also admitted that he knowingly made a false statement to federal agents about a December 1997 "dividend" check payable to the bearer in the amount of $18,000, which was endorsed and deposited into an account belonging to the former, high-ranking elected executive official. Jumet admitted that he had falsely claimed that this "dividend" check was a donation for the high-ranking official’s re-election campaign. Jumet also admitted that the "dividend" check was in fact given to the former official as a corrupt payment for allowing PECC to receive the contract from the Panamanian government.
As part of his plea agreement, Jumet has agreed to cooperate with the Department of Justice in its ongoing investigation. The conspiracy count carries a maximum penalty of five years in prison and a fine of the greater of $250,000 or twice the gross gain or loss from the scheme. The false statement count carries a maximum penalty of five years in prison and a fine of $250,000. Sentencing is scheduled for Feb. 12, 2010.
The case was prosecuted by Trial Attorney Rina Tucker Harris of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Michael S. Dry of the U.S. Attorney’s Office for the Eastern District of Virginia. The case was investigated by the FBI’s Washington Field Office, the FBI’s Richmond Field Office and ICE’s Office of Investigation, Richmond and Washington.
09-1229
Criminal Division

Two different views from Illinois and Colorado about business in Panama

http://finance.senate.gov/sitepages/hearings.htm

Statements for the Record: Any individual or organization wanting to present their views for inclusion in the hearing record should submit a typewritten, single-spaced statement, not exceeding 10 pages in length. Title and date of the hearing, and the full name and address of the individual or organization must appear on the first page of the statement.

Statements must be received no later than two weeks following the conclusion of the hearing.
Statements should be mailed (not faxed) to:
Senate Committee on Finance
Attn. Editorial and Document Section
Rm. SD-219
Dirksen Senate Office Bldg.
Washington, DC 20510-6200b



Hearing of the U.S. Senate Committee on Finance On "The U.S.-Panama Trade Promotion Agreement"

Thursday, May 21, 2009 10:00 a.m.

215 Dirksen Senate Office Building

Testimony by Mr. James Owens

Chairman and CEO, Caterpillar, Inc. Peoria, Illinois on behalf of the U.S. Chamber of Commerce Business Roundtable and the Latin American Trade Coalition

Caterpillar Washington Office 1425 K Street, NW, Suite 400, Washington, D.C. 20005, (202) 466-0672

Chairman Baucus, Ranking Member Grassley, Members of the Committee:

I’m Jim Owens, Chairman and CEO of Caterpillar, Inc. Today, I have the honor to testify on behalf of the U.S. Chamber of Commerce, Business Roundtable and the Latin American Trade Coalition in support of the U.S.-Panama Trade Promotion Agreement (also known as the Panama TPA or "TPA").
First a word about the organizations that I represent: - Caterpillar is the world-leading producer of construction and mining machines as well as diesel and gas turbine engines. We are also one of America’s largest exporters.
- The U.S. Chamber of Commerce is the world’s largest business federation, representing three million businesses of every size, sector, and region.
- The Business Roundtable is an association of chief executive officers of leading U.S.
companies with $4.5 trillion in annual revenues and more than 10 million employees.
- The 1,200-member strong Latin American Trade Coalition is a broad-based group of U.S. companies, business and agricultural organizations, and local chambers of commerce and other groups representing the largest and most dynamic sectors of our economy.
My company and the business organizations I represent today firmly believe that international trade has a critical role in fostering economic growth for America’s workers, farmers and businesses. The Panama TPA and agreements like it promote sustainable economic growth both here at home and in the economies of our trading partners - in this case a close neighbor and ally, Panama.
The United States has negotiated, signed and implemented successful trade agreements in the Western Hemisphere with Canada, Mexico, Chile, Central America and the Dominican Republic, and Peru. The Panama TPA promises to build on impressive U.S.
export gains in the region.
I’m pleased to report that Caterpillar exports have dramatically benefited from all these free trade agreements (FTAs). Since the FTAs have gone into effect, Cat exports last year quadrupled to the NAFTA countries, tripled to Chile, and nearly doubled to the CAFTA-DR countries.
We believe the Panama agreement will be no exception. The Panama TPA is a frontloaded, ambitious, and comprehensive agreement, with considerable benefits to both the United States and Panama. Most of the tariff cuts on American products will occur as soon as the agreement goes into effect.
The agreement will substantially improve market access for American farm products, consumer and industrial goods, and services in Panama, and it will bolster the rule of law, investor protections, internationally recognized workers’ rights, and transparency and accountability in business and government. The agreement’s strong intellectual property rules and related enforcement provisions will help protect and promote America’s dynamic innovation-based industries and creative artists. The opportunities created by lowering tariff and non-tariff barriers to U.S.-Panama trade and investment promise to expand two-way trade opportunities and lift living standards in both countries.
Beyond the purely commercial benefits, the agreement will also strengthen the century-old U.S.-Panama geostrategic partnership. From the time of the Panama Canal’s construction, the United States and Panama have made common cause on issues from security to commerce. Panama has major ports to both the Atlantic and the Pacific, and the Canal is a major transit point for world trade. With one-third of its population speaking English fluently and a fully dollarized economy, Panama is a good friend and partner of the United States. The TPA offers critical support and stronger ties to this close ally in Latin America, a region where attitudes toward the United States and the values it represents - including democracy, transparency and governmental accountability - have taken a decided turn for the worse in many countries.
In Panama, the May 3 election of Ricardo Martinelli to succeed Martin Torrijos as President of Panama signals a continued commitment to close ties to the United States at a time when a number of countries in the region are taking a different course. President-elect Martinelli has called the TPA his new administration’s "number one priority." Panama’s legislature displayed similar enthusiasm with a strong vote in favor of the TPA shortly after its signing, which incorporated new labor and environmental provisions reflected in the May 10 (2007) Bipartisan Agreement on Trade. Both the Panamanian administration and the legislature have been responsible partners in working to meet the additional requests that have subsequently been raised by the U.S. Congress and administration.
Looking forward, the agreement with Panama is an important step in the U.S. strategy to promote trade liberalization and economic integration with the region. As well as being a gateway from the Pacific to the Atlantic, Panama is a literal and figurative bridge between Central and North America on one end and South America on the other. U.S. total exports to trade agreement partners in the Western Hemisphere reached $471 billion in 2008. This region represents a significant and growing market that has largely avoided the worst of the current economic crisis. We urge Congressional consideration of the trade agreements with Panama and Colombia as the next step in this important strategy.
Opening Markets Above all else, the TPA further opens Panama’s market to products and services made by American workers, farmers, and companies. Panama’s purchases of U.S.
manufactured goods and farm products reached $4.6 billion last year, and the $4.2 billion U.S. merchandise trade surplus with Panama in 2008 was among the largest with any country. Goods exports to Panama from Illinois - where Caterpillar is headquartered - have grown quickly in recent years, surpassing $110 million in 2008, led by rapid growth in exports of machinery.
The United States is far and away Panama’s largest trading partner, with a 33% share of Panama’s imports, and purchasing 36% of all Panamanian exports. The $5.25 billion expansion of the Panama Canal is now moving ahead and presents significant opportunities for U.S. companies to provide goods and services to the government of Panama as they embark on one of the largest public works project since the Three Gorges Dam in China.
We are also excited about construction of a new metro system in Panama City and the Petaquilla mine, which will be the 5th largest copper mine in the world.
The trade agreement will grant U.S. firms outstanding access to the Panamanian market and the chance to compete in selling everything from heavy equipment to engineering services.
U.S. export success in Panama comes despite a fundamental imbalance in the proverbial playing field. The United States unilaterally opened its market to Panama and its neighbors through the Caribbean Basin Initiative in 1983 and expanded that access through successive acts with the support of strong bipartisan majorities in Congress. Currently, under the Caribbean Basin Trade Partnership Act (CBTPA), fully 96% of all imports from Panama already enter the U.S. market duty-free. By contrast, Panama’s average applied duty on imports of manufactured goods is 10%, and agricultural products face even higher tariffs. In other words, Panama enjoys virtually free access to our marketplace, while U.S. products continue to be taxed at steep rates when entering Panama.
The unilateral preferences have always been subject to re-authorization by Congress with no guarantees that they would be continued. Without the extension of these preferential programs, Panama risks immediately losing a significant part of its exports. Losing access to the U.S. market would hurt the Panamanian economy resulting in lost jobs and a lower standard of living.
The TPA makes Panama’s favorable access to our markets permanent and provides additional benefits in the form of improved market functioning and enhanced economic growth. In other words, the TPA will provide continuity in a long-term U.S. policy with regard to Panama - one that boosts economic development and reinforces democratic consolidation.
The TPA will also cut Panama’s tariffs on U.S. products, and as a result it will transform an imbalanced trade relationship into a more mutually beneficial, reciprocal partnership. The day the agreement enters into force, 88% of Panama’s tariffs on U.S.
consumer and industrial goods and a majority of the tariffs on U.S. farm exports will be eliminated. In turn, the agreement locks in Panama’s access to the U.S. market, creating a new level of certainty for investors and traders in that country.
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The Rule of Law
Intellectual Property: The agreement will strengthen protection and enforcement of U.S. trademarks, patents, and geographic indicators, internet domain names and copyrighted works, creating new opportunities for U.S. innovation-based and creative industries in Panama. In specific terms, the Panama TPA includes strong intellectual property enforcement mechanisms and penalties provisions, including the criminalization of end-user piracy and counterfeiting and the authority to seize and destroy not only counterfeit goods but also the equipment used to produce them. The agreement also provides necessary mechanisms to fight the problem of trans-shipment of counterfeit goods with specific provisions that are aimed at goods-in-transit.
Investment Protections and Dispute Settlement: U.S. direct investors in Panama will benefit from the strong investment chapter in the agreement, particularly the sections dealing with investment protections and dispute settlement. The agreement provides for rights that are consistent with U.S. law and also contains fully transparent dispute settlement procedures that are open to the public and allow interested parties to provide their input. As such, these trade agreements provide an opportunity for the partner countries to improve their investment climate by undertaking legal and judicial reforms and resolving investment disputes (e.g., the criminalization of commercial disputes).
Increased Transparency: The agreement’s dispute settlement mechanisms provide for open public hearings, public access to documents, and the opportunity for third parties to submit views. Transparency in customs operations will aid express delivery shipments, and will require more open and public processes for customs rulings and administration. For customs procedures, Panama committed to publish laws and regulations on the Internet and, to the extent possible, will publish proposed regulations in advance and allow interested parties an opportunity to comment on the proposals. Moreover, transparency in these areas is an essential tool in combating corruption and promoting habits of transparency in government.
...

Like much of Latin America, Central America struggles against corruption, which undermines growth, security, and stability. The Panama TPA contains critical provisions to enhance transparency and accountability in governance, providing the countries with important tools to fight the scourge of corruption. As an example, the agreement provides for the criminalization of bribery in government procurement, providing for better and more efficient procurement on the part of the Panamanian government entities but also affording a more competitive marketplace.
Environmental stewardship has long been a priority for Panamanians as the Canal is dependent on protection of the forests in the huge watershed that allows this engineering marvel to function. The Canal expansion now underway is expected to allow 70% of the fresh water that was previously lost from the locks to be recycled, saving 28-35 million gallons per ship, 40-50 times per day.
The Panama TPA also promotes U.S. security interests by forging a deeper partnership with Panama through a framework for government-to-government relationships that is grounded in the tangible national interests of all parties. Such a framework is vital to enhancing cooperation in numerous areas, including tax information exchange; it also sets an example for other countries around the world as we pursue our global security goals. By promoting economic growth in Panama, the TPA will give a boost to its economy and provide its citizens with long-term growth opportunities.
...
That concludes my remarks. At this time I would be pleased to answer any questions.
Thank you very much.

Full text in http://finance.senate.gov/imo/media/doc/052109jotest.pdf

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The Meneren Corporation
4610 South Ulster Street, Suite 150 • Denver, CO 80237 • (303) 221-3369 • Fax (303) 972-8669
7 June 2008

Senate Committee on Finance
Attn. Darci Vetter
Rm. SD-219
Dirksen Senate Office Bldg.
Washington, DC 20510-6200b

Subject: Corruption in Panama, Human Rights Abuse and Trade Agreements

Dear Darci and Committee Members:
I am writing you regarding a serious foreign relations matter regarding the Republic of Panama and the corruption of its legal system and the regular and organized abuse of US Citizens and their civil and human rights—all of which should be considered in any discussion of trade agreements.
I am one of many Colorado businessmen (and a number of CO Corporations and LLC’s) who have been actively doing business in Panama for the past 3 years. During that time, I have witnessed first-hand the extend of the corruption of the Panama legal system, and the systematic robbing of US and Canadian investors (both professionals and retiree’s) by cabals of Panamanian attorney’s, prosecutors, law enforcement officials and other government officials—
all the way to the Supreme Court. I having seen it firsthand and discussed it in detail with the Americans and Canadians who have suffered financially and personally because of it. It is a travesty that should not be rewarded with a Free Trade Agreement of any form.
The most public example of this corruption can be seen in the case of the handling of the estate of Wilson Lucom, a past advisor to the US Secretary of State and his attorney, Richard Lehman, a Florida attorney and US citizen, who has been for 3 years attempting to prevent one of the Panamanian oligarchy’s from stealing the $50+M estate of Wilson Lucom—which Lucom left to the orphans of Panama in the largest ever bequeath of its kind.
The Panamanian government/authorities have relentlessly abused the civil and human rights of Mr. Lehman as he tried to protect the Lucom state, to ensure the money reaches the poor children of Panama and the Charity formed to accept it. This story has received major press coverage in the US and Panama.
You can see the full litany of false charges, false arrests, assaults on the Civil and Human Rights of this US citizen in the documents filed with the Organization of American States, at: http://www.lehmantaxlaw.com/RSL_/62667387_1.PDF http://www.lehmantaxlaw.com/RSL_/62667382_1.PDF
It is important to note that in November 2008 the head of the Panama Governments National Council of Transparency for Corruption, Alma Montenegro de Fletcher, herself published a finding that found “extreme abuse of the Panamanian civil and penal system”, noting the false arrest of a US Citizen who was defending the interests of the children of Panama, Mr. Lehman, a Florida attorney and long time friend and lawyer for Wilson Lucom. The details of Alma’s letter to the Panama Supreme Court can be found at the following (translated) website:
http://translate.google.com/translate?hl=en&sl=es&u=http://www.setransparencia.gob.pa/noticias/noticia_nota_caso_wilson_lucom.htm&ei=kcWVSdqUIoHasAPA1ei4Bw&sa=X&oi=translate&resnum=5&ct=result&prev=/search%3Fq%3D%2522alma%2Bmontenegro%2522%2Blucom%26hl%3Den
To be clear, neither I, nor my business associates are a part of the Probate dispute that Mr. Lehman is battling in Panama. However, when Mr. Lehman was recently detained illegally in Panama—again—I was so upset that a US Citizen could be so abused by the Panamanian government and corrupt legal system that I wrote a “Call to Action” that was circulated among the expatriate community in Panama. As a result, I have received numerous other horror stories from US and Canadian businessmen and retiree’s detailing the systematic pillage of their retirement monies, trust funds, and properties by lawyers acting in concert with local and federal government officials (prosecutors and judges), all with impunity! One of these relates how the Panamanian attorney that stole her retirement monies told her to her face that he robbed her and that there was nothing she could do about it because he was a member of the Panamanian legislature. I would be most happy to share the details of these and other similar cases with you or your staff.
As a businessman, I have done business in many of the ugly parts of the world (Congo, Yemen, Kazakhstan, China etc.) and I understood their corrupt systems before setting foot on the ground. However, Panama holds itself out to US retiree’s and businesses as being a US friendly country that has a US currency, US provided infrastructure and institutions, statutory protections for US Citizens (including a guarantee of “equal access” under the law), and preferential agreements with the US government (FTA’s). US and Canadian citizens are entranced by this façade to make major investments in Panama totally unaware of the extent of corruption of their judiciary and other government officials. This is a recipe for disaster for US interests, and damages the future of the Panamanian people as well.
When we contacted the US Embassy in Panama over a year ago to describe how our firm/project was being manipulated by the corrupt courts and officials, we found a sympathetic ear and could see some effort was being made to press the Government to “clean up their legal system”. Unfortunately, when the Ambassador and key staff changed, the Embassy position turned to one of indifference coupled with a clear desire not to press the issue with the Government. As a result, US Citizens like Mr. Richard Lehman and many others who we have documented, have been, and continue to be abused with impunity.
As a US Citizen, I am shocked that our Government allows this to continue—with impunity and that our Government is willing to turn a blind eye to it by rewarding Panama with a trade agreement that prospers Panama. I ask that you have your staff research the human rights case mentioned and provided above and use it as a symptomatic reason for opposing any further Free Trade Agreements with Panama until it cleans up the corruption. Until then, I also ask that US State Department US Citizen advisories be updated to sternly warn US investors and retiree’s of the escalation in the organized abuse of foreigners by a corrupt judiciary working in concert with unscrupulous lawyers and government officials.
Thank you for your attention to this urgent matter.

William A. Tolbert
President

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Senate Finance Committee Hearing on "The U.S. - Panama Trade Promotion Agreement" May 21, 2009 http://finance.senate.gov/hearings/hearing/?id=d88a7f79-c7e0-8ee8-4f2d-226447ffbbe7

Panama FTA will create US jobs http://lawyerfuture.blogspot.com/2009/05/panama-fta-will-create-us-jobs.html

US-Panama Free Trade Links http://www.uspanamatrade.org .

Utah man arrested in Panama for wire fraud

Panama is a great place where to start a company, but not very good for seking refuge from the FBI... His lawyer did not advise him of the 1991 Panama-U.S. Mutual Legal Assistance Treaty http://www.oas.org/juridico/mla/en/traites/en_traites-mla-usa-pan.pdf The new Immigration Law makes the existence of arrest warrants abroad a just cause for revokation of tourist or residency visas, which results in deportation.

---

Video Courtesy of KSL.com

.

Man wanted for wire fraud arrested in Panama
April 24th, 2009 @ 5:16pm
SALT LAKE CITY -- The salt lake office of the FBI announced Friday afternoon the arrest of a Lindon man accused of running a Ponzi scheme that cost investors millions of dollars.
The FBI and the U.S. Attorney's Office issued an indictment against 47-year-old Jeffrey Mowen on April 21.
Friday morning, they had their man. Mowen was arrested in Panama.
Among other things, Mowen is charged with defrauding as many as 200 investors out of $18 million.

The indictment cited one case where Mowen allegedly promised one investor a 33 percent return each month on a $100,000 investment.

The FBI says Mowen was tracked down after receiving tips from U.S. citizens living in Panama who had heard about the indictment earlier this week.

Tim Fuhrman, FBI Special Agent in Charge says tip led to Mowen's arrest.
Tim Fuhrman, FBI Special Agent in Charge, said, "Again, this proves that we can be as technologically savvy as anybody, but the people who called in the tips are what enabled us to get on him and affect this apprehension, and I can't thank the Panamanian authorities enough."

Full text in http://www.ksl.com/?nid=148&sid=6261610



Telemetro reports on the Panama arrest
Note on Mowen 2006 Utah securities case
Read also Debunking the myth of extraditions from Panama

Bocas resort required to start operating by 2006

This is the second TV film by Adelita Coriat and combines the original shown last September (over 1000 viewings) it divulges more facts about the scams on Isla Solarte in the Bocas del Toro archipelago selling RoP (Derechos Possesorios) of state owned land in Panama. Shepard Johnson is running and has not returned to Panama or Isla Solarte his sales have collapsed he remains in his house in Granite Bay California, complaining he is the innocent party and refuses to return to Panama City and face the charges against him, blaming everybody for his demise and declaring Chapter 11 last July in California, and suing anyone who does not agree with him. This film will prove otherwise. Guillermo Martucci and his partners even though under house arrest go about their daily business as normal, the same applies to the other defendants in the case, they have very deep pockets having swindled people out of millions of Dollars. The Government and the corrupt Judiciary refuses to do anything about the corruption at all levels, instead of tackling the problems are now part of it which recent events and legislation protecting crooks in Panama have proven. this has outraged investors who are demanding action and indicating that if this problem is not tackled soon the whole Panama land bubble may burst. In August the Government were forced to rescind the law 62 and it's amendments regarding RoP that has caused so much controversy and was open to misinterpretation by scam artists. Non-Spanish speakers are advised to have someone with a knowledge of the Spanish language to assist in understanding some of the complications of this problem. I would like to extend my grateful thanks to AlexNeuman and NK Computers Panama City for their kind assistance in bringing this to screen, and Adelita Corient for her persistance Enjoy the film, please spread the word and pass the URL on to any other persons or organisation you think will benefit from it's contents, you are reminded that this documentary covers the 200 investors on Solarte and now includes the Indian community on the Island who are also under threat. They all hope one day to call the island home, regretfully there are many who will never be able to do that. Thanks for watching Bernard Collier

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La Isla de Bastimentos, localizada en la provincia de Bocas del Toro, quedó establecida como Parque Nacional Marino, por la Resolución JD 022-88 del entonces INRENARE, el 21 de diciembre de 1986. La Resolución de Gabinete No. 41, de 13 de febrero de 1996, declaró zona de desarrollo turístico de interés nacional, el área denominada Zona 2, Bastimentos.

En estas áreas, propiedad del Estado, sólo pueden desarrollarse las inversiones en alojamiento público turístico que en las categorías de hoteles, hoteles en áreas naturales, pensiones, cabañas y hostales familiares.

Recientemente, El Siglo tuvo conocimiento de un fraude millonario perpetrado contra ciudadanos extranjeros, a quienes se les vendieron terrenos localizados en Bastimentos y alrededores, obviando el hecho que los mismos no pueden ser vendidos por tratarse de terrenos del Estado. Presuntamente se alteraron documentos estatales, para proceder a esta venta irregular.

Según la información que maneja El Siglo, en Panamá, presuntamente se han estado vendiendo tierras del Estado, infringiendo la Ley. De ser así, se trataría de un delito de Lesa Patria, el cual, según informes obtenidos, podría contar inclusive de algún tipo de aval de la Asamblea Nacional, de aprobarse el proyecto de Ley presentado por el diputado Benicio Robinson de la provincia de Bocas del Toro, ya que, de ser aprobado, se regularía y ilegitimizaría estas ventas fraudulentas. Conozca usted, los hechos y hagas sus propias conclusiones.

Bernard Collier, es un ciudadano residente en el Reino Unido, quien el 23 de julio del 2002, creyó tener la oportunidad de retirarse al otro lado del mundo a un pequeño país centroamericano llamado Panamá, bendecido por la naturaleza, a un paraíso tropical, en un terreno propio, frente al mar Caribe, tras firmar un contrato de compraventa con la sociedad anónima, Grupo Cayo Nancy, registrada en Panamá, a ficha 320420, Rollo 511140, Imagen 0021 y cuyo representante legal es la firma de abogados Martucci & Martucci.

Para ello, Collier tenía pensado invertir la suma de B/. 55,319.00, por los derechos posesorios del lote BV4 de aproximadamente 2,843 metros cuadrados, localizado en Isla Solarte, Bocas del Toro, tal y como se lo había presentado a Shepard Johnson, autorizado para este acto en representación de Grupo Cayo Nancy, S.A.

Pero cuál sería su sorpresa, cuando al preparar todo para iniciar su nueva vida, constata que no es dueño de propiedad alguna, que no existen registros en la oficina de Registro Público en Panamá y que la propiedad de sus sueños es propiedad del Estado y no puede ser vendida, ya que es un "área inadjudicable".

El caso de Collier, sólo es uno, de los muchos casos que se han conocido en los últimos días, luego que el abogado Evans Loo, así lo denunciara e iniciara un proceso legal a fin que a su representado, se le devuelva el dinero que invirtió.

Nada en economía y finanzas

No existe constancia en los archivos centrales de la Dirección de Catastro y Bienes Patrimoniales del Ministerio de Economía y Finanzas de Panamá, que la sociedad Grupo Cayo Nancy, S.A. se le haya tramitado o concedido solicitudes de adjudicación de tierras nacionales para construcción de carreteras para uso público con fondos propios, o muelles de alguna naturaleza, en la Isla de Bastimentos, Isla Solarte, o áreas inadjudicables de esa provincia.

Lo arriba expuesto fue certificado con la nota del 9 de diciembre de 2004, No.DS-AL-No 121, del Ministerio de Economía y Finanzas y que lleva la firma del actual titular de la cartera, Ricaurte Vásquez.
Reforma Agraria no reconoce derechos posesorios.
Por su parte, la Dirección Nacional de Reforma Agraria, adscrita al Ministerio de Desarrollo Agropecuario (MIDA), en nota fechada el 29 de enero de 2004 y firmada por el director general, Gerardo Gaona Sánchez, resalta la no viabilidad del reconocimiento como "derechos posesorios" de las áreas declaradas "inadjudicables".

Según expresó el abogado Loo, un grupo de diputados, encabezados por Benicio Robinson, presentó un proyecto de Ley, para "Declarar Área de Desarrollo Especial el Territorio insular de la provincia de Bocas del Toro", pero a su juicio, lo que en realidad traería como consecuencia la aprobación de este proyecto, es la venta indiscriminada de las islas en dicha provincia, a ciudadanos de nacionalidad extranjera que amparados en "sociedades anónimas" extranjeras, han estado adquiriendo de manera absolutamente ilegal, alegando "derechos posesorios", en áreas que son inadjudicables.

Se desconoce si detrás de este proyecto, está el interés de "solventar" la grave situación en que se encuentran todos los extranjeros que compraron incautos y que ahora reclaman su dinero, ya que los papeles que se les otorgó no valen nada. "Con esta Ley pretenden legitimar y justificar los millones que han recibido los "vendedores" o sencillamente crear las condiciones para vender nuevas tierras a las cuales le saldrán "poseedores por montón", expresó el abogado Evans Loo.

http://www.forospanama.com/showthread.php?t=4655

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10 nuevos proyectos en el Registro de Turismo

Los proyectos podrán acogerse a los beneficios fiscales de la Ley 8 de 1994

Mónica Palm
mpalm@prensa.com

10 empresas, que en conjunto prometen invertir más de 160 millones de dólares, han inscrito sus proyectos en el Registro Nacional de Turismo durante el año que terminó el pasado martes.
En Bocas del Toro, el Grupo Islas Tropicales, S.A. construye un hotel de 60 habitaciones denominado Isla Solarte Caribbean Garden Resort, a un costo de poco más de 2.2 millones de dólares. Los directivos y dignatarios del Grupo Islas Tropicales, S.A. son Shepard Johnson, presidente; Monte Norman Watson, tesorero, y Monte Sybil Johnson, secretario.
Todos los proyectos inscritos en el Registro Nacional de Turismo deberán iniciar operaciones antes de tres años contados a partir de la fecha de inscripción en el Registro.

http://mensual.prensa.com/mensual/contenido/2003/01/02/hoy/negocios/834663.html

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Developer, buyers wage war over Panama island project

In re: Shepard Johnson and Monte Johnson - 2:2008cv00679 Grupo Islas Tropicales, S.A., Grupo Cayo Nancy, S.A., Solarte Plantation, S.A.

In Bocas del Toro - Mistaken land identity hell

IN BOCAS DEL TORO
Mistaken land identity hell
03-26-2009 | MARIJULIA PUJOL LLOYD
mpujolstar@ laestrella.com.pa
A couple has bought their land with title, but they still do not have any protection when somebody apparently has the wrong land title

Panama Star PANAMA. Lands disputes between foreigners and Panamanians are becoming quite common, mainly because properties, especially in beauty spots in the provinces of Chiriqui and Bocas del Toro, have increased their value dramatically.
This time a powerful Panamanian family, the Eleta are trying to take part of the land belonging to an English - New Zealand couple.
In letters sent to the Panama Star by Dr Ricardo Rangel and Linda and David Gillingham, they complained that on three occasions the Circuit Judge of Bocas del Toro, Manuel Garcia has tried to enter their farm, located in Isla Colon, with the purpose of measuring their plot and separating the Eleta’s from theirs, although according to the public records it is nowhere near it.
The story began 10 years ago when the Gillinghams bought their land, which was properly titled at the Public Registry. They built a house, a botanical garden and a nursery.
Everything was fine until January 2009, when the Circuit Judge demanded access to their property, to measure and separate a plot from it, although he did not have a warrant.
The letter said that according to the file, Compañia Faustina S.A., which belongs to the Grupo Eleta, represented by the firm Morgan y Morgan, requested an order of separation of the land of the plot 3499, of which incidentally Eleta does not have possession.
Faustina’s the land registration title indicates that the plot was separated from land belonging to Minerva Blacaneaux Quintero and her farm surrounds it.
Blancaneaux’s lawyers asked the judge to stop the process on the grounds that it is impossible to establish boundaries if Faustina did own the land, but he refused to throw out the case.
Surveyors from Faustina and Blancaneaux determined that the land that Faustina wanted to separate was inside the Gillingham’s property, exactly where their house, botanical garden and nursery is and miles away from where the Blancaneaux land is located.
The Gillinghams said that Judge Garcia is planning to enter their property again on March 27, accompanied by the Blancaneaux and Faustina representative, although they have clearly demonstrated that they have possession of the land.
The couple feel that they have been harassed and have invited neighbors, public in general and the media to go to their botanical garden on March 27 at 9:00 to witness the proceedings.

THE ELETA GROUP
The Eleta Group is formed by the powerful Eleta family with commercial interests in media, insurance, animal feed, racehorse breeding, and environmental protection to mention a few.
The group has property all over the country, but especially in the provinces of Chiriqui and Bocas del Toro.
The Eletas are part owners of the television radio network Medcom as well as Cable Onda.
For many decades the powerful Eleta family has exercised a great deal of influence in the country, developing prosperous companies and opening the first television station of the country.
The family is part of the wealthy Panamanian aristocracy and their members are involved in the arts and charitable organizations, but they keep their affairs out of the public eye and prefer to remain anonymous most of the time while directing their empire.
MARIJULIA PUJOL LLOYD

FACTS
The Gillinghams bought their land ten years ago, properly registered, but still that did not protect them against another company’s claim.
The boundaries of Faustina S.A. appear to be wrong, but nobody seems to have noticed that.
On the March 27 the matter will be solved one way or another

http://www.laestrella.com.pa/mensual/2009/03/26/contenido/80167.asp

Panama case leads to lawsuit in Boulder court

Panama case leads to lawsuit in Boulder court
Suit: Ex-business partner falsely kept man in 'hellish' prison
By Ryan Morgan (Contact)

Friday, January 18, 2008
Photo by Joshua Lawton
Bobby Hammond, of Lafayette, spent six months in a Panama jail after a business partner had him arrested.

A Boulder man who spent six months in a Panamanian prison has sued his former business partner, a Marshall woman who had him imprisoned when a land-development deal went south in 2006.
Robert Hammond and his girlfriend, Tamara Pace, are seeking unspecified damages against Kim Opler. The suit alleges Opler used Panama's corrupt legal system to keep Hammond in prison over what should have been a civil matter -- and that she knew the charges against him weren't true.
Opler didn't return a call seeking comment Thursday.
Hammond's legal problems stemmed from a partnership he formed with Pace and Opler to develop properties in Bocas del Toro, a booming beach community near Panama's border with Costa Rica. The partnership between the couple and Opler soured, and Opler told the Camera in 2006 that Hammond and Pace stonewalled her attempts to recover the money she'd invested in several properties.
In early January 2006, Hammond was thrown into prison. He wouldn't be released until July of that year. At the time, Opler said Hammond hadstolen her property and needed to cooperate.
"It's a bummer, isn't it?" she said. "But what you need to know is that this is not just something where for no reason, out of the blue, this is happening to him, and he's sitting there suffering for no reason."
But Hammond and Pace said no charges were ever brought against him. He was eventually released and allowed to return home.
The six months he spent in a hellish prison were devastating to his physical and mental well-being, Hammond said Thursday. He slipped and fell in the shower early in his incarceration, breaking his collarbone. He said he never received proper medical treatment, and the pain continues today.
"I can't sleep on my right side," he said. "With my shoulder the way it is, I can't stop thinking about it."
The lawsuit -- filed this week in Boulder County District Court -- contends that at the maximum-security prison where he stayed, Hammond was "housed with convicted killers and persons associated with the cartel drug lords." The prison has been criticized in U.S. State Department reports that said prisoners face unduly harsh conditions, including water shortages.

Hammond said he had to fight for basic necessities at the prison such as food, water and a bunk to sleep in.

"I wouldn't want anyone to end up there," he said. "It's the most inhumane situation I've ever seen -- much less had to live through."
Hammond's girlfriend was also detained briefly and later released. Pace spent the next year campaigning for Hammond's release from prison and later to have him taken off of house arrest. She said deciding to sue wasn't easy, but she and Hammond need justice.
"I think Bobby needs some vindication," she said. "His reputation is damaged all over town, people are wondering if he really stole a million dollars. And he wants people to know that he didn't."

http://www.dailycamera.com/news/2008/jan/18/panama-case-leads-to-lawsuit-in-boulder-court/

--- In Panama_laws_for_expats@yahoogroups.com, "likitikitoo" wrote:
Mon Jan 30, 2006 2:40 am
My self and my boyfriend were arrested last week by PTJ in our home. This
was over a business dispute that at most should have been a civil case. My
Boyfriend, Bobby Hammond, as well as myself were charged with Aggravated
Fraud. I was released with all charges dropped after 32 hours. Bobby was
working with a Boulder Colorado resident, Kim Opler for the last three years
purchasing and developing properties in Bocas. They never had a contract
and there is disagreement about comissions. Until the disagreement was
settled the titles, which were in Bobby's name, were not signed over to Ms.
Opler as she requested. In Ms. Opler's statement her attorney, Nelson
Carreyo, stated that he attempted to reach Bobby about this and couldn't. We
were never presented with any documents to sign.
Previously, we had received threats, both in Panama and Colorado, from her
partner, Dana Gaffin who already has a record in North Carolina for
Harrassing Communications as well as Violence Against Women. He had
also broke into our home in Bocas, stole our private property
to use as his own and threatened our employees.

Bobby is now in a maximum security facility with deplorable conditions. I am
asking for help from anyone in any form. This is not a criminal matter, much
less punishable by imprisonment. There has been no hearing date set. There
has been no bond amount set. Our embassy, which was very helpful in
securing my release has not helped with Bobby's case. Going over the names
on this list, many of you know Bobby and me. I hope you also know that there
is no way we could be guilty of this. If you have any suggestion please write or
call my cell, 011 507 XXXX. Thanks, Tammy Pace.
http://groups.yahoo.com/group/Panama_laws_for_expats/message/906

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Jailed over a contract dispute: Bobby Hammond's and Tammy Pace's story

"Panama nightmare" From COTA Member, before you decide to do business in Panama, must read!

Date:	Sat, 14 Feb 2009 11:02:40 -0700 [02/14/2009 01:02:40 PM EST]
From:	Gil Cisneros
Subject:	"Panama nightmare" From Bill Tolbert, COTA Member, before you decide to do business in Panama, must read!

For further information please contact Bill at:

mailto:billt%20@meneren.com

Gil: Following is the issue in more detail along with key articles and web links. Grand Panama International, a member of the Chamber of the Americas is asking for your personal action on this matter as it greatly scars the Panama market for US Citizens and businessmen.

To help you understand the level and kind of abuse currently being endured by US Citizens and American business interests in Panama, and related damage to Panamanian charities formed to meet the pressing needs of the children of Panama, I ask that you read a series of articles in US media outlets such as Time Magazine, The New York Times, LA Times, and others. The attempt to steal the large estate of Wilson Lucom, a former assistant to the US Secretary of State, has been well covered in various US media outlets. The first of these is in Time Magazine: http://www.time.com/time/magazine/article/0,9171,1680177,00.html The second of these is in the International Herald Tribune: http://www.iht.com/articles/2008/06/24/america/panama.php The third can be found in the Los Angeles Times: http://latimesblogs.latimes.com/laplaza/2008/06/millionaire-lea.html

To understand how a wealthy Panamanian family and their corrupt attorney have abused the legal system in Panama, including the bribery of various officials, you can see the detailed account entitled “Report to the Attorney General of Panama” which can be found at: http://www.lucom-ninospobresdepanama.com/LUCOM_english.html

It is important to note that in November 2008 the head of the Panama Governments National Council of Transparency for Corruption, Alma Montenegro de Fletcher, published a finding that found “extreme abuse of the Panamanian civil and penal system”, noting the false arrest of a US Citizen who was defending the interests of the children of Panama, Mr. Richard Lehman, a Florida attorney and long time friend and lawyer for Wilson Lucom. The details of Alma’s letter to the Panama Supreme Court can be found at the following (translated) website:

http://translate.google.com/translate?hl=en&sl=es&u=http://www.setransparencia.gob.pa/noticias/noticia_nota_caso_wilson_lucom.htm&ei=kcWVSdqUIoHasAPA1ei4Bw&sa=X&oi=translate&resnum=5&ct=result&prev=/search%3Fq%3D%2522alma%2Bmontenegro%2522%2Blucom%26hl%3Den

In order to understand the critical and dangerous nature of the ongoing corruption, one needs to read how the organizer of a march on the Panama Supreme Court building organized by Mr. Lehman on behalf of the children of Panama was shot within days of the march. See: http://panamaexpatriates.blogspot.com/2008/06/interview-with-hector-avila-june-18.html

Fast forward to February 2009, Mr. Lucom’s Florida attorney, Richard Lehman, the US Citizen and trusted friend and attorney of Wilson Lucom, flies into Panama to meet with the Panamanian charities organized to accept the bequeath of Wilson Lucom on behalf of the poor and orphaned children. When he tries to depart Panama City to return to the US, Mr. Lehman is removed from the US plane, and placed under false arrest at the airport, waiting 16 hours for the “problem with immigration” to be clarified. Then it turns out that the head of Immigration finds there is no cause, yet a week later Mr. Lehman still cannot leave Panama because the airport authorities keep changing the basis for the detention and the Judge that can verify that there are no legal arrest warrants will either not meet with Mr. Lehman or provide him the necessary releases.

If you found yourself under arrest at a foreign airport, you would immediately call the US Embassy—right? So did Richard. Unfortunately, no one at the Embassy would answer the after-hours “Emergency” number (which is always answered at any Embassy, by the Marine guard if necessary) and when the phone is finally answered at 8am the next Monday, the operator indicates she does not have any idea how to help and will find the “Officer of the Day”. When the OD comes on line, they inform Mr. Lehman that they “don’t have any idea how to help him”. (The proper response is always, I do not know how to handle this but I will find out. How can I get right back to you)? The Embassy staff later claims that it is “judicial matter”, and they cannot help…even though Lehman’s Florida Congressman had sent the US Ambassador personal letter months ago fearing for the safety of Mr. Lehman. When others complain on Mr. Lehman’s behalf, they are told that Mr. Lehman is staying at a hotel as if that was good enough.

What were the US Government excuses for not acting immediately in defense of this US Citizen?

First, it is that the individual at the center of the Probate dispute, Wilson Lucom, “was not a US Citizen” as he had given up his US Citizenship when he move to Panama. So what!!! Richard Lehman is a US Citizen. Wilson Lucom’s only legally adopted child, Isabel Clark is the first in line to inherit her father’s estate under Panamanian law. She is a US Citizen living in California, and she can’t get the Courts to recognize her rights, nor can she get the State Department to act in defense of Mr. Lehman.

The US investors that purchased the largest asset in the Lucom estate, a 7,000+ acre waterfront ranch on the Pacific Coast of Panama, are US Citizens and the Panamanian courts are ignoring their legal claims and positioned their suit under a Judge who has at least twice before been censured for corruption. So much for the “equal access under the law” rights of US Citizens and US business interests in Panama. They are being abused by the corrupt legal system in Panama—confirmed by their own Transparency Commission—and the Embassy responds that they can’t get involved because “Wilson Lucom was not a US Citizen”. How ridiculous!

The next excuse is that “there are Probate disputes in the US as well”. My heavens, how does that apply to this? In the US, those Probate disputes have not been characterized by the US government itself as corrupt and an “extreme abuse” of the US civil and penal system!

The next excuse is that “the US cannot get involved in a civil proceeding” and that Panama has “an independent judiciary”. That’s strange, the outgoing US Ambassador was on the record numbers of time about the corruption of the Panama legal system. And you have the Panamanian Governments own Ms. Montengero confirming it!

What is going on? Perhaps it has to do with having a new American Ambassador in Panama who does not want to take a firm stand early on with the Panamanian Government.

Perhaps it has to do with the State Department not wanting to take any action that would endanger the US-Panama free trade pact that is currently before the Congress…which action this type of corruption and legal system abuse should call into question.

Perhaps it is just the terrible twins of ignorance and complete incompetence of behalf of the new Ambassador and her staff.

What is certain is that the “story line” being propagated by the US State Department Panama Desk and the US Embassy in Panama do not comport with the well documented history and clear facts in this heinous situation.

What is clear is that US Citizens and US business interests are being consistently abused by a corrupt Panamanian legal system and that US Citizen civil rights are being ignored by Panamanian authorities with impunity, while the US Embassy looks on washing its hands of any meaningful involvement (“Pilatos” in Spanish).

What is clear is that a well established Panamanian oligarchy can manipulate a corrupt legal system and culture and steal the lifelong estate of a former US Citizen, and from the orphans of Panama and other US interests, to keep their station in life – all as if the Noriega regime was still in power.

What naturally follows such blatant abuse is that every US Citizen and US businessman must worry about who will protect their investments and estates in Panama if the Panamanian legal system can be so completely corrupted and the US Government so clearly unwilling to act to protect US Citizens and businessmen.

What is clear is that every American citizens and businessmen who do not want this to happen to them, must take immediate action to get the US Government actively involved in protecting the rights of US Citizens and US business interests in Panama—and do it now!

I ask your support in contacting all Colorado Congressional and Senate staff to inform them of these recent dangerous events and prompt them to demand proper answers from the State Department and the US Embassy, Panama, of why they are not actively involved in protecting this US Citizen and others, along with other US business interests in Panama.

I also urge you, on behalf of the Chamber, to call/write the US Ambassador in Panama, Barbara Stephenson, 011-507-207-7000, general email: panamaweb@state.gov to find out why Mr. Lehman did not receive immediate and meaningful support and intervention in what is a very public corruption case documented as so by the head of the Panamanian Commission on Transparency and Corruption herself.

I also urge you to call the State Departments Panama Desk Officer, Marcia Singer, 202-647-3505, singerml@state.gov , and add your rejection of their simple minded excuses for inaction as well.

Gil, this is a serious matter that will damage Panama as well as those who have or will invest in Panama.

Regards—Bill

William A. Tolbert

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La Estrella de Panamá - The Panama Star
Florida Attorney detained 15 hours at Tocumen airport - [ Translate this page ]
Lehman 5 days prisoner - [ Translate this page ]
The Lucom legacy
Las Uvas: Fever in the coast

La Voz Nueva
Legal case clouding Panama/U.S. commerce

Youtube video
100 acres of beachfront are misappropiated

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.

Allied charities join Lucom fight

The Sisters of Mercy, the SOS villages, the San Jose de Malambo Orphanage, Nutrehogar, the Ciudad de Niño and the Fundacion Pro Niños de Darien have joined together to form the Fundacion de Apoyo a los Niños Pobres de Panama. This was done in anticipation that Hilda Piza (viuda de Lucom, and before that de Arias) and her children will lose their challenge to the Wilson Lucom will, which is now pending in the Supreme Court. Lucom, a very wealthy man, left millions to his widow but the large residue of his estate to the poor children of Panama. Piza and especially her children by a previous marriage --- most notably Gilberto Arias of EPASA, the company that owns La Critica and El Panama America --- have challenged the will and, largely through attorney Héctor Infante, have fought vicious legal battles in Panama and the United States. These have concentrated on Richard Lehman, the Florida attorney appointed by Lucom as his will's executor, against whom bogus murder charges were brought, groundless arrest warrants were issued and an arrest order on a warrant that didn't exist was put into INTERPOL's international database. The case has become an emblem of corruption with impunity in the Panamanian legal system. The Supreme Court recently slapped down a detention order that Infante obtained against Lehman and the contest on the will itself is now pending before the court. The creation of the charitable alliance distances Lehman from the controversy, as the Piza / Arias family is basing their challenge on the supposition that he's a crook who's out to loot the fortune. Now it would be the charities rather than Lehman in charge of how the bequest is spent. Sister Lourdes Reiss of the San Jose de Malambo Orphanage heads the new foundation and has expressed confidence to the competitors of the Arias family's newspapers that the Lucom bequest will be upheld in court.

Volume 15, Number 1 January 22, 2009
Full text in http://www.thepanama/ news.com/pn/v_15/issue_01/economy_briefs.html

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The charity is called FUNDACION DE APOYO A LOS NIÑOS POBRES DE PANAMA. Its Foundation Council is formed by:

Orfelinato San Jose de Malambo http://malambo.org/
Asociacion Religiosos Mercedarios http://www.un.org/other/unwg/projects/panama.html
Fundacion Pro-Niños del Darien http://www.darien.org.pa/
Asociacion de Aldeas Infantiles SOS de Panama http://www.aldeasinfantiles-sos.org
Asociacion Nacional Pro Nutricion Infantil http://www.nutrehogar.org
Patronato de la Ciudad del Niño http://www.ciudaddelnino.org/

Las Uvas: Fever in the coast

The following is draft a translation in Tropiland of an article appearing in La Estrella.



La Estrella, December 15, 2008

12-15-2008 RICHARD M. KOSTER
mailto:periodistas@laestrella.com.pa

On the beach of Coclé, where the Anton river comes meets the ocean, the waters of the river mouth have created a long lagoon and a peninsula that throws itself on the west ,parallel to the coast. They call it Las Uvas. It is possible to access it ,during low tide, via the beach from Juan Hombrón, but otherwise, it is not accessible by land.
Since it has neither drinking water nor irrigation and agricultural potential, it had no value until the fever of the tourist development came to the area of Farallón. In the summer of 2007, a person called Sonia Álvarez offered to buy possessory rights in Las Uvas for $ 3.00 per square meter. Immediately, she found local fishermen caliming that they had Rights Of Possession over the land.
In June, 2007 Álvarez, Roberto Homsany , Alberto Sudarsky and Henry Lebowitz, requested to buy 31.6 hectares of the peninsula to the State making a formal, written request (as per protocol) at the Department of Economy and Finance . Their request mentioned as motive “a project of " country-style villa ecotourism project” and it was accompanied by 32 “contracts of sale of the Rights of Possession of the resident inhabitants of the area” and “an agreement signed by the holders of these property Rights of Possession, who have been inhabiting them for 39 years”.
When La Estrella visited the peninsula, on November 13, it was desert. Seagulls were patrolling the smooth sea. The only human element was a rancho of four posts with tin roof bent from the breeze. To imagine 32 supposed inhabitants needed a poet's imagination.
Having road access to the property is a requisite so that Cadaster grants title by means of Rights of Possession. Be that as it may, the purchase request included a letter of the mayor of Anton, Roger Ríos, who was requesting from Hacienda Santa Mónica “a road servitude (right of pass) to lead to the peninsula of Las Uvas”.
Hacienda Santa Mónica is one of the most beautiful properties of Central America - approximately 3,000 hectares that spread from the Inter-American highway down to the ocean. It was created by combining land from five farms by president Harmodio Arias Madrid. In it he developed rice and bred cattle . He then turned it over to his son Gilberto Arias Guardia, and then to his grandchildren. They sold it to the second mother's second husband , Wilson Lucom. Lucom paid the mortgages and set the farm to produce, but in 2005 he sold it so that it was the site of the first “Branded City” of Latin America.
"Branded Cities" are communities designed to serve simultaneously as esidential, commercial and recreational. The most out-standing example is Palm Island of the United Arab Emirates. The project, which will be called Grand Panama and which will cost $3 billion, will feature a five -star hotel, a marina, four golf courses, 9,700 residences, and a 400,000 square meters of shopping center.
It will generate 10,000 jobs during the phase of construction and 5,000 permanent jobs. It will give incalculable profits to the region and the country.

Lucom accepted a first payment of half a million dollars, but he died in June, 2006 before finishing the buying and selling. In his testament he left an apartment of $ 1 million and a million dollar anuity to his widow, but he directed the buldge of his assets to a foundation dedicated to to feeding children in need in Panama. The widow has urged to annul the testament, and Santa Monica, the principal part of the executrix, has remained tangled in the succession dispute, under the administration of lawyer Marta Cañola, named by the Judge of the Fifth Circuit.
When Grand Panama International paid half a million to buy Santa Monica, they hired Meneren Corporation of Denver USA, to develop and administer the project. Meneren must wait for the conclusion of the judgment of succession to complete the buying and selling with the winner,of the case and has remained alert to the real property swaying in Panama. On May 11 of the present year Meneren inspector, Steve Guthrie, received an e-mail of a broker in Panama offering him area in the beach close to Juan Hombrón. On having investigated, Guthrie discovered that Las Uvas were being marketed even though they and the peninsula were part of the "Branded City" property.
“They were trying to sell to us land that our bosses already were ready to buy!”, he said to La Estrella. “With the down payment of half a million dollars, he lagoon is where we think to put the marina, and without these kilometers of beach the property does not serve for the project”.
Aurelio Andrión, until March of this year regional Cadaster chief in Coclé, confirmed what Guthrie said. “There is no case of "purchasing from the State in that place”, he said to La Estrella. “The peninsula of Las Uvas belongs to finca number 7022, which is part of Hacienda Santa Mónica ”.The Public Register confirms Andrión . It establishes that the south boundary of finca 7022 is “the Pacific Ocean”.
Mayor Ríos said to La Estrella that Sonia Álvarez had asked for the letter in which Hacienda Santa Mónica requested right of way from the Treasury Department. He wrote it to help the fishermen, who are his constituents. He delivered it to Álvarez and not to lawyer Cañola.
According to the said lawyer, the grounds in the peninsula of Las Uvas “are not state but a private property that finca 7022 is part of and Rights of Possession do not exist on private property”.
Sonia Álvarez, Alberto Sudarsky, Roberto Homsany, and Henry Lebowitz have not come on record as of yet. On November 8 there was a meeting of the fishermen who had sold their "Rights of Possession to Sonia Álvarez. They were angry. They were selling in $ 3.00 per square meter, but they received only 8 %. The rest would come when the investors were receive title of the area which, from the looks of it, is far,far away.

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Feb. 17, 2009: The Spanish online version of La Prensa has been truncated (censored?) with a disclaimer "Look for the full version in page 2A of our printed version." Thanks to Google cache, we are able to share the full version with our Spanish-reading users.

LAS UVAS DE COCLÉ
Fiebre en la costa
12-15-2008 RICHARD M. KOSTER
periodistas@ laestrella.com.pa
El desarrollo turístico ataca al país desde múltiples frentes y en toda guerra la primera baja es la verdad
Portada PANAMÁ. En la costa de Coclé, donde el río Antón llega al mar, las aguas de la desembocadura han creado una laguna larga y una península que se tira al oeste paralela a la costa. La llaman Las Uvas. A marea baja se puede llegar allí por la playa desde Juan Hombrón, pero de otra manera no es accesible por tierra.
Como no tiene ni agua potable ni fertilidad, no tuvo valor hasta que la fiebre del desarrollo turístico llegara a Farallón. En el verano del 2007, una persona llamada Sonia Álvarez ofreció comprar derechos posesorios en Las Uvas a $3.00 el metro cuadrado. De una vez encontró pescadores dispuestos a sostener que los tenían.
En junio de 2007 Álvarez, Alberto Sudarsky, Roberto Homsany, y Henry Lebowitz, solicitaron al Ministerio de Economía y Finanzas comprar los 31.6 hectáreas de la península a la Nación. Su solicitud mencionó como motivo “un proyecto de villas campestres ecoturísticas” y fue acompañada por 32 “contratos de compraventa de los derechos posesorios de los moradores residentes del área” y “un acuerdo firmado por los poseedores de estas tierras, los cuales las habitan desde hace 39 años”.
Cuando La Estrella visitó la península, al mediodía del 13 de noviembre, era desierta. Patos cuervos patrullaban un mar liso. El único rastro humano era un rancho de cuatro postes con techo de zinc agachado debajo de la llovizna. Imaginar a los 32 supuestos moradores nos hubiera requerido grandes dotes de poeta.
Acceso vial es un requisito para que Catastro otorgue título a base de derechos posesorios. Así es que la solicitud incluía una carta del alcalde de Antón, Roger Ríos, quien solicitaba a Hacienda Santa Mónica “servidumbre vial para dar acceso a la península”.
Hacienda Santa Mónica es una de las propiedades más bellas de Centroamérica —unas 3,000 hectáreas que se extienden de la carretera Interamericana hasta el mar. Fue creada de cinco fincas por el presidente Harmodio Arias Madrid. Allí sembró arroz y crió ganado. Esta la pasó a su hijo Gilberto Arias Guardia, y luego a los hijos de él. Ellos la vendieron al segundo marido de su madre, Wilson Lucom. Lucom pagó las hipotecas y puso la finca a producir, pero en 2005 trató de venderla para que fuera el sitio de la primera “ciudad marca” de América Latina.
Las ciudades marca son comunidades diseñadas a la vez residenciales, comerciales y recreativas. El ejemplo más destacado es Isla Palma los Emiratos Unidos Árabes.
El proyecto, que se llamará Gran Panamá y que valdrá 3 mil millones, contempla un hotel de cinco estrellas, una marina, cuatro canchas de golf, 9,700 residencias, y un centro comercial de 400,000 metros cuadrados.
Generará 10,000 empleos durante la fase de construcción y 5,000 empleos permanentes. Dará beneficios incalculables a la región y el país.
Lucom aceptó un pago inicial de medio millón de dólares, pero murió en junio de 2006 antes de finalizar la compraventa. En su testamento dejó un apartamento de $1 millón y un cuarto de un millón anual a su viuda, pero destinó el grueso de sus bienes a una fundación cuyo propósito es alimentar niños con necesidades en Panamá. La viuda ha instado anular el testamento, y Santa Mónica, la principal parte de la testamentaria, ha quedado enmarañada en la disputa de sucesión, baja administración de la licenciada Marta Cañola, nombrada por el Juez Quinto del Circuito.
Cuando Gran Panamá Internacional abonó medio millón para comprar Santa Mónica, contrató a la Meneren Corporation de Denver, EEUU, para desarrollar y administrar el proyecto. Meneren debe esperar la conclusión del juicio de sucesión para completar la compraventa con el vencedor, y ha quedado alerta a los vaivenes de bienes raíces en Panamá. El 11 de mayo del presente año su director administrativo, Steve Guthrie, recibió un e-mail de un corredor en Panamá ofreciéndole terreno en la playa cerca de Juan Hombrón. Al investigar, Guthrie descubrió que se trataba de la península Las Uvas, que él conoció como parte de la Hacienda Santa Mónica.
“¡Pretendían vendernos terreno que nuestros principales ya contrataron comprar!”, dijo a La Estrella. “Con abono de medio millón de dólares. La laguna es donde pensamos poner la marina, y sin estos kilómetros de playa la propiedad no sirve para el proyecto”.
Aurelio Andrión, hasta marzo de este año jefe regional de Catastro en Coclé, confirmó lo que dijo Guthrie. “No hay compra a la Nación en aquel lugar”, dijo a La Estrella. “La península de Las Uvas pertenece a la finca 7022, que forma parte de la Hacienda Santa Mónica”.
El Registro Público confirma el criterio de Andrión. Establece que el lindero sur de la finca 7022 es “con el Océano Pacífico”.
El alcalde Ríos dijo a La Estrella que Sonia Álvarez había pedido la carta en que solicitó servidumbre a Hacienda Santa Mónica. La escribió para ayudar a los pescadores, quienes son sus constituyentes. La entregó a Álvarez y no a la licenciada Cañola.
Según la licenciada, las tierras en la península de Las Uvas “no son estatales sino propiedad privada que forman parte de la finca 7022, y no existen derechos posesorios sobre propiedad privada”.
Sonia Álvarez y Roberto Homsany no han devuelto llamadas de La Estrella. No hemos podido localizar ni a Alberto Sudarsky ni a Henry Lebowitz. El 8 de noviembre se celebró una reunión de los pescadores quienes habían vendido sus derechos posesorios a Sonia Álvarez. Estaban enojados. Vendían en $3.00 el metro cuadrado, pero cobraron solo 8%. El resto vendría cuando los inversores recibían título del terreno. Se estima una larga espera.

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CRONOLOGÍA
En el verano del 2007, una persona llamada Sonia Álvarez ofreció comprar derechos posesorios en Las Uvas a $3.00 el metro cuadrado.
En junio de 2007 Álvarez, Alberto Sudarsky, Roberto Homsany y Henry Lebowitz, pidieron al Ministerio de Economía y Finanzas comprar los 31.6 hectáreas de la península al Estado.
La Hacienda Santa Mónica es una de las propiedades más bellas de Centroamérica, 3,000 hectáreas desde la Interamericana al mar.
El 8 de noviembre hubo una reunión de los pescadores que vendieron sus derechos posesorios a Sonia Álvarez.