The Anticorruption Prosecutor admits Lisa, S.A.'s criminal complaint against Villamorey, S.A. for intimidating the civil judge who issued the embargo in the accounting proceeding.

Alleged Facts

The complaint centers on a sequence of events at the Fourth Civil Circuit Court of Panama during the Special Accounting Proceeding (Case No. 14606-21). On August 2, 2022, the Court issued Order 1234 against Villamorey, S.A. On September 22, 2022, the law firm Galindo, Arias y López, acting on behalf of Villamorey, delivered to the Court a plain copy of a criminal complaint filed against the presiding judge, Solange Le Ferrec Malek de Booker. Lisa, S.A. characterizes this as deliberate conduct to manufacture a pretext for continued retention.

The following day, September 23, 2022, the judge issued Order No. 1473/14606-21, vacating the previously entered embargo. Lisa, S.A. contends that delivering the criminal complaint to the judge constituted an act of intimidation that altered her decision-making within 24 hours. Villamorey's complaint against the judge was itself disposed of through Provisional Dismissal 546-23, issued by the Anticorruption Prosecutor's Office on April 23, 2023, confirming that the accusations lacked legal basis.

Prosecutor's Analysis

The Prosecutor verified compliance with the formal requirements of Article 88 of the Criminal Procedure Code for admission of the complaint. The analysis confirmed Lisa, S.A.'s standing as complainant through Public Registry certifications, identification of the accused party, a clear and detailed account of the facts, the legal and factual basis for the civil claim with provisional quantification, and the presentation of evidentiary elements. The resolution expressly states that admission of the complaint does not presuppose that the alleged criminal conduct has been established.

"Admitir la Querella penal presentada, no presupone que se tengan por acreditadas las conductas punibles querelladas" (Page 4)

The civil claim was provisionally quantified at $44,500,000.00, encompassing patrimonial damages, legal costs, lost income, and damages arising from the alleged conduct.

Ruling

• Admit the criminal complaint filed by attorney Carlos De Icaza Muñoz on behalf of Lisa, S.A. for the possible commission of crimes against public administration and crimes against the administration of justice
• Designate Villamorey, S.A., whose legal representative is Ramiro López Nimatúj, as the accused party
• Notify the parties of the disposition

Legal Basis

• Articles 79 and 80 of the Criminal Procedure Code: victim's rights and intervention as complainant
• Articles 84, 86, 88, and 89 of the Criminal Procedure Code: formal requirements and procedure for admission of criminal complaints
• Article 360 of the Penal Code: intimidation of a public official in the exercise of their functions
• Article 384 of the Penal Code: filing a false accusation or complaint knowing the accused is innocent

Signatories

• Senia Lezcano, Deputy Prosecutor, Anticorruption Prosecutor's Office, Accusatory Criminal System, Litigation and Early Decision Section