UNITED
STATES DISTRICT COURT
SOUTHERN
DISTRICT OF FLORIDA
Case
No. 99-8364
CIV-HURLEY
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JUAN ROMAGOZA ARCE, NERIS GONZALEZ, and CARLOS MAURICIO, Plaintiffs, v. CARLOS EUGENIO VIDES CASANOVA, MARIA GEMA VIDES MELENDEZ, MARTA DEL CARMEN VIDES DEMMER, GERALDO VIDES MELENDEZ, CLARA MARIA REIGITO, GERALDO DEMMER a/k/a JUAN CARLOS DEMMER, and ROBERTO VIDES CASANOVA, Defendants. / |
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Plaintiffs Juan Romagoza Arce, Neris Gonzalez, and Carlos Mauricio (collectively “Plaintiffs”) allege as follows:
PRELIMINARY STATEMENT
1. This complaint is ancillary to the underlying case, which was a civil action for compensatory and punitive damages against Jose Guillermo Garcia and Carlos Eugenio Vides Casanova (“Defendants”) for their responsibility for torture.
2. On July 31, 2002, this Court entered Final Judgments in favor of Plaintiffs for a total of $54.6 million. Over $54 million of that judgment remains unsatisfied.
3. Plaintiffs bring this action pursuant to Fla Stat. § 56.29 and the Florida Uniform Fraudulent Transfer Act, Fla. Stat. § 726.101 et seq in order to collect monies that were fraudulently transferred to third parties, as well as to seek relief from further flouting of the Court’s judgment in this matter.
4.
This Court exercised jurisdiction over the
underlying claims in this action based on 28 U.S.C. § 1350 (the Alien Tort
Claims Act, or “ATCA”), and 28 U.S.C. § 1350 note (the Torture Victim Protection
Act or “TVPA”). Venue is proper
pursuant to 28 U.S.C. § 1391. This
court has ancillary jurisdiction over this claim for fraudulent transfer.
PARTIES
Plaintiffs
5.
Plaintiff Juan Romagaza Arce, a native of
6.
Plaintiff Neris Gonzalez, a native and citizen of
7.
Plaintiff
Carlos Mauricio, a native and citizen of
Defendants
8.
On information and belief,
General Carlos Eugenio Vides Casanova (“Defendant Vides Casanova”) is a native
and citizen of
9.
On information and belief, Defendant Maria Gema Vides
Melendez was at all times relevant to this complaint a resident of
10.
On information and belief, Defendant Marta Del Carmen
Vides Demmer was at all times relevant to this complaint a resident of
11.
On information and belief, Defendant Geraldo Vides
Melendez was at all times relevant to this complaint a resident of
12.
On information and belief, Defendant Clara Maria Reigito
was at all times relevant to this complaint a resident of
13.
On information and belief, Defendant Geraldo Demmer,
a/k/a Juan Carlos Demmer, was at all times relevant to this complaint a resident
of
14.
On information and belief, Defendant Roberto Vides
Casanova was at all times relevant to this complaint a resident of
CLAIM FOR RELIEF
(Fraudulent Transfer)
15. Plaintiffs re-allege and incorporate by reference the allegations set forth in paragraphs 1 through 14 of this Complaint as if fully set forth herein.
16. This is an action for equitable and other relief pursuant to the Uniform Fraudulent Transfer Act, Fla. Stat § 726.101, et seq and pursuant to Fla. Stat. § 56.29.
17. Defendant Vides Casanova and family members, including his three adult children, Defendants Maria Gema Vides Melendez, Marta Del Carmen Vides Demmer and Geraldo Vides Melendez; his son-in-law, Geraldo Demmer, a/k/a Juan Carlos Demmer; his daughter in law, Clara Maria Reigito; and his brother, Roberto Vides Casanova, have engaged in fraudulent acts in furtherance of a fraudulent scheme to transfer his assets out of the reach of Plaintiffs.
18. On May 11, 1999, Plaintiffs filed the Complaint in this matter against Defendants Jose Guillermo Garcia and Carlos Eugenio Vides Casanova.
19. On September 13, 2000, Defendant Carlos Eugenio Vides Casanova transferred $20,000 to Defendant Maria Gema Vides Melendez, his adult daughter, in order to shield those funds from creditors and especially the eventual judgment in this matter.
20. On September 19, 2000, Defendant Carlos Eugenio Vides Casanova transferred $20,000 to Marta Del Carmen Vides Demmer, his adult daughter, in order to shield those funds from creditors and especially the eventual judgment in this matter.
21.
On September 19, 2000, Defendant Carlos Eugenio
Vides Casanova transferred $59,307.87 to pay off debts owed by Defendant Geraldo
Vides Melendez, his adult son, in order to shield those funds from creditors and
especially the eventual judgment in this matter.
22.
On October 14, 2000, Defendant Carlos Eugenio
Vides Casanova transferred $8,500 to Geraldo Vides Melendez, his adult son, in
order to shield those funds from creditors and especially the eventual judgment
in this matter.
23.
On October 15, 2000, Defendant Carlos Eugenio
Vides Casanova transferred $9,000 to Clara Maria Reigito, the wife of his adult
son, Geraldo Vides Melendez, in order to shield those funds from creditors and
especially the eventual judgment in this matter.
24.
On October
23, 2000, Defendant Carlos Eugenio Vides Casanova transferred $9,500 to
Geraldo, a/k/a Juan Carlos, Demmer, the husband of his adult daughter, Marta Del
Carmen Vides Demmer, in order to shield those funds from creditors and
especially the eventual judgment in this matter.
25.
On October 24, 2000, Defendant Carlos Eugenio
Vides Casanova transferred $9,000 to Roberto Vides Casanova, his brother, in
order to shield those funds from creditors and especially the eventual judgment
in this matter.
26. In or about late October, 2000, Defendant Carlos Eugenio Vides Casanova transferred $6,000 to Roberto Vides Casanova, his brother, in order to shield those funds from creditors and especially the eventual judgment in this matter.
27. All of the above transfers were made without adequate compensation.
30.
Defendant Carlos Eugenio Vides Casanova has acted with
actual intent to hinder, delay and defraud his creditors by fraudulently
transferring assets to insiders without adequate compensation.
31.
At all times relevant to this action, Defendant Carlos
Eugenio Vides Casanova has been insolvent because the claims and judgment
against him for over $54 million
far exceed his ability to pay.
32.
Plaintiffs lack an adequate remedy at law because,
unless the relief sought in this count is granted, Defendant Carlos Eugenio
Vides Casanova will have succeeded in fraudulently transferring his assets to
insiders.
33.
Plaintiffs have a high probability of success on the
merits in this action.
34.
The transfers of assets to insiders were made with
actual intent to hinder, delay or defraud creditors and thus constitute fraudulent transfers
in violation of Fla. Stat. § 726.105(1)(a). Further, the debtor did not receive
reasonably equivalent value for any of the transfers and intended to incur, or
believed or reasonably should have believed that he would incur, debts beyond
his ability to pay as they become due, and thus the transfers at issue are
fraudulent transfers in violation of Fla. Stat. § 726.105(1)(b). Plaintiffs are
entitled to relief under Fla. Stat. § 726.108.
35.
Because of the special circumstances in this case, in
which the Defendant Carlos Eugenio Vides Casanova is liable for a judgment for
torture that he has largely avoided, has committed fraud to avoid that judgment,
is hiding assets, and is an ongoing risk of flouting the Court’s authority,
Plaintiffs are entitled to:
a.
appointment of a receiver to take charge of Defendant’s
assets;
b. an injunction against further disposition or assignment of property;
c. discovery into all of Defendants’ assets and their disposition;
d. fees and costs for bringing this action; and
e. any other relief the circumstances may require.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for judgment against Defendants as follows:
(a) For appointment of a receiver to take charge of Defendant Carlos Eugenio Vides Casanova’s assets;
(b) For an injunction against further disposition of property by Defendant Carlos Eugenio Vides Casanova;
(c) For an order that the fraudulent transfers are void and directing the sheriff to take the transferred property to satisfy the execution;
(d) For discovery into all of Defendants’ assets and their disposition; and
(e) For costs and reasonable fees associated with these post-judgment proceedings;
(f) And for any other relief the circumstances may require.
Dated this ____ day of September, 2004.
Respectfully
submitted,
____________________________________
JOHN ANDRES THORNTON
(
Tel.: (305) 532-6851
Fax: (305) 532-6851
MATTHEW EISENBRANDT
The Center for Justice & Accountability
Tel: (415) 544-0444
Fax: (415) 544-0456
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed
on this ____ day of September, 2004 to: Kurt Klaus, Esq., Law Offices of Kurt R. Klaus, Jr.,
___________________________________
John Andres Thornton