Anticorruption Prosecutor admits Lisa's criminal complaint against Villamorey for judicial intimidation
May 29 2023
Public Prosecutor
Through Resolution No. 47, the Anticorruption Prosecutor's Office formally admitted the criminal complaint filed by Lisa, S.A., through attorney Carlos De Icaza Muñoz, against Villamorey, S.A. and its legal representative Ramiro López Nimatúj for alleged crimes against public administration (intimidation of a public official, Penal Code Article 360) and against the administration of justice (false accusation in judicial proceedings, Article 384). The admission authorizes a full criminal investigation and recognizes Lisa, S.A. as complainant/victim in the proceedings.
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 Embargo Order No. 1234/14606-21 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 subsequently dismissed through Resolution No. 546-23, confirming that the accusations lacked legal basis.
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.