Resolution

This resolution is part of the sequence of evidentiary measures ordered by the Metropolitan Prosecutor's Office following the admission of Lisa, S.A.'s <doc id="pty-202200053278-2022-07-27-a" /> against Juan Luis Bosch Gutiérrez for alleged fraud and economic crimes. Assistant Prosecutor Licda. Rosa Calcedo González granted Lisa's counsel's request and ordered Banco G&T Continental to produce comprehensive financial records for Bosch and Villamorey, S.A.

Information Requested

The resolution specifies two categories of information that G&T Continental must provide:

• Whether Bosch (passport A1425025) and Villamorey, S.A. (Folio 9146, Roll 367, Image 303, Commercial Section) hold or have held savings accounts, checking accounts, investment accounts, personal loans, auto loans, mortgage loans, commercial loans, pledge loans, agricultural loans, credit cards, debit cards, fixed-term deposits, trusts, or any other banking product, from December 2018 through the date of response
• Whether either has received or sent international wire transfers (SWIFT instructions)

If the response is affirmative, the bank must remit all corresponding documentation.

Procedural Context

The criminal complaint, filed on July 27, 2022, alleges that Bosch unlawfully retained Lisa's 33.3% shareholder dividends from Villamorey, assumed the role of judicial depositary over multimillion-dollar sums without rendering accounts, and diverted funds whose whereabouts remain unknown. <doc id="pty-202200053278-2022-09-09-a" /> formally admitted the complaint and recognized Lisa as the legitimate victim. Following that admission, the Prosecutor's Office issued <doc id="pty-202200053278-2022-09-01-a" /> ordering other banks to disclose financial products held by Bosch and Villamorey. The present resolution extends that requirement to G&T Continental, a Guatemalan bank with operations in Panama, where the Prosecutor's Office determined that information relevant to the investigation is held.

Ruling

• Grant the request to issue an official communication to Banco G&T Continental, filed by Licenciado Carlos de Icaza Muñoz on behalf of Lisa, S.A.
• Issue the necessary official communications to ensure compliance with this order

Legal Basis

• Article 29 of the National Constitution of Panama, guaranteeing access to information in the context of criminal investigations
• Articles 273, 276, and 277 of the Code of Criminal Procedure (Law 63 of August 28, 2008), governing the Public Ministry's authority to require information from third parties during investigations
• Decree 52 of April 30, 2008, supplementary regulations on financial institution cooperation with criminal authorities

Signatories

• Licda. Rosa Calcedo González, Assistant Prosecutor of the Metropolitan Prosecutor's Office, Fifth Section for Crimes Against Economic Assets