Cpt. 202200070875 · Criminal Complaint (Obstruction of Justice and Intimidation)
The Anticorruption Prosecutor admitted Lisa, S.A.'s criminal complaint through Resolution No. 47 of May 29, 2023, authorizing a full criminal investigation against Villamorey, S.A. for intimidation of a public official and calumny in judicial proceedings, with a provisional civil claim of $44,500,000.00.
Lisa, S.A. filed a criminal complaint before Panama's Anticorruption Prosecutor against Villamorey, S.A., its legal representative Ramiro López Nimatúj, and the law firm Galindo, Arias y López (GALA) for intimidation of a public official (Penal Code Article 360) and calumny in judicial proceedings (Article 384). The complaint alleges that Villamorey filed a baseless criminal complaint against the judge of the Fourth Civil Circuit Court on September 22, 2022, directly within the file of the pending judicial-accounting proceeding (Case No. 14606-21), to force reversal of Embargo Order No. 1234/14606-21; the judge vacated the embargo the following day. Villamorey's complaint against the judge was later dismissed by prosecutors through Resolution No. 546-23, confirming its lack of legal basis. The Anticorruption Prosecutor admitted Lisa's complaint through Resolution No. 47 of May 29, 2023, authorizing a full criminal investigation with a provisional civil claim of $44,500,000.00.
On September 29, 2022, attorney Julio Rafael Martínez Vásquez filed a criminal complaint with Panama's Primary Attention Prosecutor accusing Villamorey, S.A. and its legal representative Ramiro López Nimatúj of intimidating the judge of the Fourth Civil Circuit Court to force the reversal of an embargo issued in the judicial-accounting proceeding brought by Lisa, S.A. (Case No. 14606-21). The complaint invokes Articles 360 (intimidation of a public official) and 384 (calumny in judicial proceedings) of the Panamanian Penal Code.
The sequence of events described in the complaint is as follows: on August 2, 2022, the Court issued Embargo Order No. 1234/14606-21 against Villamorey. On September 22, 2022, the law firm Galindo, Arias y López, acting as Villamorey's counsel, filed with the civil court an authenticated copy of a criminal complaint (querella coadyuvante) against the presiding judge, Solange Le Ferrec Malek de Booker. The following day, the judge issued Order No. 1473/14606-21 vacating the embargo. The complainant emphasizes that less than 24 hours elapsed between the presentation of the intimidating complaint and the reversal, which would demonstrate that Villamorey's conduct compromised the judge's independence.
The complaint also notes that a constitutional amparo previously filed by Villamorey against the judge's rulings had already been denied as inadmissible by the First Superior Tribunal, reinforcing the theory that the criminal route was used as a pressure mechanism after ordinary procedural channels had been exhausted without success.
Practical effect: This complaint activated the initial criminal investigation and established the factual framework upon which Lisa's formal complaint would later be built.
On May 10, 2023, Lisa, S.A., through attorney Carlos De Icaza Muñoz, filed a formal criminal complaint with the Anticorruption Prosecutor, constituting itself as victim in the investigation initiated by the complaint filed by attorney Martínez Vásquez. The complaint charges Villamorey, S.A., Ramiro López Nimatúj, and the law firm Galindo, Arias y López with carrying out a deliberate scheme of judicial intimidation.
Lisa characterizes the filing of a criminal complaint against the judge, directly within the civil case file and without any formal admission, as a maneuver whose sole purpose was to pressure the judge into reversing a decision adverse to Villamorey. The complaint underscores that the complaint against the judge was subsequently dismissed through Resolution No. 546-23 of April 2023, confirming its lack of legal basis.
Lisa sets a provisional civil claim of $44,500,000.00 for patrimonial damages, legal costs, lost income, and the economic impact of the paralysis of the judicial-accounting process. The civil action is grounded on the assertion that the intimidating conduct deprived Lisa of its assets by manipulating judicial bodies and obstructing access to its shareholder rights.
Practical effect: Lisa's formal constitution as victim and complainant grants it active procedural standing in the criminal investigation and enables the civil claim for $44,500,000.00.
On May 29, 2023, the Anticorruption Prosecutor's Office issued Resolution No. 47, formally admitting Lisa, S.A.'s criminal complaint against Villamorey, S.A. for the possible commission of crimes against public administration (Penal Code Article 360) and crimes against the administration of justice (Article 384). The resolution authorizes a full criminal investigation and recognizes Lisa as complainant/victim.
The Prosecutor verified compliance with the formal requirements of Article 88 of the Criminal Procedure Code: Lisa's standing through Public Registry certifications, identification of the accused party, a detailed account of the facts, the legal and factual basis for the civil claim with provisional quantification of $44,500,000.00, and the presentation of evidentiary elements, including Resolution No. 546-23 that dismissed Villamorey's complaint against the judge. The resolution expressly states that admission does not presuppose that the alleged criminal conduct has been established.
Practical effect: The admission confirms that the Prosecutor considers there are sufficient elements to investigate Villamorey's conduct and formally opens the path to determining criminal responsibility.
| Date | Document | Issued by |
|---|---|---|
| Sep 29 2022 | Criminal Complaint | Lisa, S.A. |
| May 10 2023 | Criminal Complaint | Lisa, S.A. |
| May 29 2023 | Resolution 47 | Public Prosecutor |
The case is in the criminal investigation phase under the direction of the Anticorruption Prosecutor to determine the criminal responsibility of Villamorey, S.A. and the individuals involved in the alleged intimidation of the Fourth Civil Court judge.