Evidentiary Brief

Details Bosch’s violations as judicial depositary

Issued on
October 22, 2024
Issued by
Lisa, S.A.
Details Bosch’s violations as judicial depositary

Overview

On October 22, 2024, Lisa, S.A. submitted an evidentiary brief to the Anti-Corruption Prosecutor’s Office detailing critical facts already established in the case file and relevant to the investigation against Juan Luis Bosch Gutiérrez. Lisa emphasizes that Auto No. 2277-2018—issued by the Eleventh Civil Court on December 5, 2018—confirmed that Villamorey, S.A. had retained dividends belonging to Lisa far in excess of what was needed to satisfy Villamorey’s counterclaim. The order instructed Bosch, acting as judicial depositary, to compensate the debt using the retained dividends and return the surplus. Lisa explains that Bosch has never complied with this judicial mandate and continues to violate his duties as depositary.

The brief further argues that while failing to return the excess funds, Bosch and Villamorey executed an unauthorized and unlawful capital increase in 2022, diluting Lisa’s 33.3% ownership and concealing the retained dividends. Lisa cites Panamanian corporate law and Supreme Court jurisprudence to show that the increase violated mandatory formalities, including proper notice and unanimous shareholder subscription. The filing additionally denounces obstruction by Villamorey and its resident agent, GALA, which repeatedly denied knowledge of Bosch’s or Villamorey’s address to evade notifications. Lisa concludes by requesting provisional seizure of all funds held by Bosch as judicial depositary under Article 253 of the Criminal Procedure Code.