El Salvador's Supreme Court has ruled that defendant Oscar A. Safie does not have to pay a $30 million judgment issued by a Miami-Dade circuit judge
Mogul needn't pay Miami-Dade settlement, Salvador court rules -El Salvador's Supreme Court has ruled that a wealthy defendant does not have to pay a $30 million judgment issued by a Miami-Dade circuit judge.
By Gerardo Reyes
The Supreme Court of El Salvador has ruled that Oscar Antonio Safie Sacarias, one of the richest and most influential men in El Salvador, does not have to pay a $30 million judgment ordered by a Miami-Dade Circuit Court judge.
The Salvadoran ruling also covers several of Safie's family members, and has been met by accusations of manipulation and favoritism.
In the United States, warrants have been issued for the arrest of Safie and the family members.
They are accused of being in contempt of the Miami-Dade court, and they could face perjury charges for saying they had no bank accounts in the United States, according to court documents obtained by El Nuevo Herald.
Safie is a Salvadoran media and textile mogul.
He owns of one of the most prominent hotels in El Salvador's capital, San Salvador. And he is the first cousin of El Salvador's attorney general, Felix Garrid Safie.
In October 2006, Miami-Dade Circuit Judge Mindy S. Glazer ordered the Safie business group to pay $30 million to Valat International Holding, an Irish financial firm that had arranged through the Federal Deposit Insurance Corp. to purchase and restructure the debt of the failed Hamilton Bank.
In 2004, Valat sued three companies owned by Safie -- El Salvador Networks, Rayones de El Salvador and Hilanderias de Exportacion -- after they stopped making interest payments on a line of credit and failed to make good on two other lines of credit.
Valat sued in Miami because, it argued, Safie's business group held bank accounts in the United States. Safie's companies denied this, and their attorneys tried to settle the dispute in El Salvador.
In September 2006, Glazer ruled against the three Salvadoran companies, Safie, his wife, Leyla Emilia, his son and Beatriz Eugenia Safie, who signed personal guarantees for the funds.
According to Miami court documents, the defendants failed to appear in court and refused to cooperate with the proceedings. This led to the arrest warrants being issued.
Valat attorney Leo de la Peña said Safie used his influence and money to ''manipulate the court'' in El Salvador, but provided no details of the alleged manipulation.
In its 2 ½-page decision, the Salvadoran court said the Miami-Dade ruling was invalid because it failed to provide a recourse for Safie and his co-defendants to appeal. However, documents presented by the Miami attorneys for Valat showed that the case had already been appealed, and that the award was upheld.
''The argument is false and shameless,'' de la Peña said.
The Salvadoran Supreme Court justice for civil matters, Ulises Guzman, told El Nuevo Herald he was surprised that his colleagues had ruled in his absence.
''I'm finding out from you guys. I'm the first one surprised. That case should have lasted a few more weeks. I thought there were still more discussions to occur,'' he said Monday.
Guzman said he was traveling abroad Oct. 16, the date of the ruling.
None of the other Salvadoran justices were available for comment.
Valat said it planned to appeal the ruling in El Salvador, and that it would provide evidence that the Florida ruling was final and that no appeals were pending in the United States.
Publisehed in El Nuevo Herald 12/Nov/2008
By Gerardo Reyes
The Supreme Court of El Salvador has ruled that Oscar Antonio Safie Sacarias, one of the richest and most influential men in El Salvador, does not have to pay a $30 million judgment ordered by a Miami-Dade Circuit Court judge.
The Salvadoran ruling also covers several of Safie's family members, and has been met by accusations of manipulation and favoritism.
In the United States, warrants have been issued for the arrest of Safie and the family members.
They are accused of being in contempt of the Miami-Dade court, and they could face perjury charges for saying they had no bank accounts in the United States, according to court documents obtained by El Nuevo Herald.
Safie is a Salvadoran media and textile mogul.
He owns of one of the most prominent hotels in El Salvador's capital, San Salvador. And he is the first cousin of El Salvador's attorney general, Felix Garrid Safie.
In October 2006, Miami-Dade Circuit Judge Mindy S. Glazer ordered the Safie business group to pay $30 million to Valat International Holding, an Irish financial firm that had arranged through the Federal Deposit Insurance Corp. to purchase and restructure the debt of the failed Hamilton Bank.
In 2004, Valat sued three companies owned by Safie -- El Salvador Networks, Rayones de El Salvador and Hilanderias de Exportacion -- after they stopped making interest payments on a line of credit and failed to make good on two other lines of credit.
Valat sued in Miami because, it argued, Safie's business group held bank accounts in the United States. Safie's companies denied this, and their attorneys tried to settle the dispute in El Salvador.
In September 2006, Glazer ruled against the three Salvadoran companies, Safie, his wife, Leyla Emilia, his son and Beatriz Eugenia Safie, who signed personal guarantees for the funds.
According to Miami court documents, the defendants failed to appear in court and refused to cooperate with the proceedings. This led to the arrest warrants being issued.
Valat attorney Leo de la Peña said Safie used his influence and money to ''manipulate the court'' in El Salvador, but provided no details of the alleged manipulation.
In its 2 ½-page decision, the Salvadoran court said the Miami-Dade ruling was invalid because it failed to provide a recourse for Safie and his co-defendants to appeal. However, documents presented by the Miami attorneys for Valat showed that the case had already been appealed, and that the award was upheld.
''The argument is false and shameless,'' de la Peña said.
The Salvadoran Supreme Court justice for civil matters, Ulises Guzman, told El Nuevo Herald he was surprised that his colleagues had ruled in his absence.
''I'm finding out from you guys. I'm the first one surprised. That case should have lasted a few more weeks. I thought there were still more discussions to occur,'' he said Monday.
Guzman said he was traveling abroad Oct. 16, the date of the ruling.
None of the other Salvadoran justices were available for comment.
Valat said it planned to appeal the ruling in El Salvador, and that it would provide evidence that the Florida ruling was final and that no appeals were pending in the United States.
Publisehed in El Nuevo Herald 12/Nov/2008
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Hey esta nota ya la dio neto rivas:
ReplyDeleteEl Miami Herald, en su edición de ayer, publica la noticia que la Corte Suprema de Justicia de El Salvador ha resuelto que Oscar Antonio Safie Sacarías, “uno de los hombres más ricos e influyentes en El Salvador”, no tiene que cumplir la resolución del juez de la corte del Distrito Miami-Dade County de cancelar una deuda de $30 millones.
La resolución de la CSJ también protege a varios miembros de la familia Safie, contra quienes Estados Unidos había girado órdenes de arresto.
Safie y sus familiares han sido acusados de desacato a la corte en Miami y podrían enfrentar cargos de perjurio por haber dicho que no tenían cuentas bancarias en Estados Unidos, de acuerdo con los documentos de la corte obtenidos por El Nuevo Herald.
Antonio Safie es un magnate, propietario de empresas textileras, de un hotel y de un canal de televisión. Según el diario de Miami, también es primo hermano del Fiscal General, Félix Garrid Safie.
En octubre de 2006 la juez Mindy S. Glazer del distrito de Miami-Dade ordenó al grupo Safie que debía pagar $30 millones a Valat International Holding, una firma financiera irlandesa que había arreglado a través de la Federal Deposit Insurance Corp. La compra y reestructuración de la deuda del Hamilton Bank que había fracasado. (Para entender mejor el caso, se recomienda seguir los vínculos respectivos)
En 2004, Valat demandó a tres compañías de propiedad de Safie, El Salvador Networks, Rayones de El Salvador e Hilanderías de Exportación, luego que habían dejado de pagar intereses de una línea de crédito y habían caído en mora en otras dos líneas de crédito.
Valat demandó en Miami porque, según ellos, el grupo Safie tenía cuentas bancarias en Estados Unidos. Las compañías de Safie lo negaron y sus abogados trataron de conciliar la disputa en El Salvador.
En septiembre de 2006, la juez Glazer resolvió en contra de las tres empresas salvadoreñas y de las personas de la familia que habían garantizado las deudas con su firma.
Los documentos de la corte de Miami revelan que los demandados no se hicieron presentes en la corte y rehusaron cooperar con la causa. Esto condujo a la orden de arresto en su contra.
La resolución de la CSJ de El Salvador dice que el dictamen en Miami-Dade no es válido, porque no le dio al grupo de Safie un recurso para apelar la resolución. Sin embargo, los abogados de Valat presentaron documentación que comprueba que ya Safie había apelado el caso y la resolución anterior fue ratificada por la juez.
El magistrado Ulises Guzmán de la Cámara de lo Civil de la CSJ le dijo a El Nuevo Herald que le sorprendía que sus colegas hubieran resuelto el caso en su ausencia. Ningún otro magistrado estaba disponible para comentar sobre el caso.
Valat ha dicho que apelará la decisión de la Corte salvadoreña.
THIS IS A SHAME CASE FOR THE SALVADORAN NATION ON WHICH THE STATES ATTORNEY IS A COUSIN´S DEFFENDANT.
ReplyDeleteWHO ULTIMATELY CARRIED THE DECISION OF SALVADORAN SUPREME COURT TO EXONERATE SAFIE?
I BET YOU, THIS IS A CASE OF CORRUPTION IN WHICH, THE NEW ADMINISTRATION OBAMA MUST SEE CAREFULLY!
Jose Matatias Delgado y Del Hambre.
El Salvador court rules for local tycoon
ReplyDeleteSAN SALVADOR, El Salvador, Nov. 12 (UPI) -- The highest court in El Salvador has ruled that one of the country's richest men does not have to pay a $30 million financial judgment in Florida.
Oscar Antonio Safie Sacarias, his wife and some other relatives face contempt charges in the United States for ignoring a court order, The Miami Herald reported.
Safie, who owns a large hotel in San Salvador and made a fortune in media and textile manufacturing, is the first cousin of El Salvador's attorney general. Leo de la Pena, who represents Valat International Holdings, the Irish company that won the $30 million judgment, charges that Safie's money and connections helped him win a favorable ruling from his country's Supreme Court.
Valat sued three of Safie's companies in 2004. Valat, which had taken over a failed U.S. bank, the Hamilton Bank, claimed that Safie's businesses had stopped making payments on lines of credit.
The suit was filed in Miami because Valat said Safie had assets in the United States. Safie has claimed he has no U.S. assets, which could bring a perjury charge.
http://www.upi.com/Top_News/2008/11/12/El_Salvador_court_rules_for_local_tycoon/UPI-21381226517493/
El Salvador court rules for local tycoon
ReplyDeleteSAN SALVADOR, El Salvador, Nov. 12 (UPI) -- The highest court in El Salvador has ruled that one of the country's richest men does not have to pay a $30 million financial judgment in Florida.
Oscar Antonio Safie Sacarias, his wife and some other relatives face contempt charges in the United States for ignoring a court order, The Miami Herald reported.
Safie, who owns a large hotel in San Salvador and made a fortune in media and textile manufacturing, is the first cousin of El Salvador's attorney general. Leo de la Pena, who represents Valat International Holdings, the Irish company that won the $30 million judgment, charges that Safie's money and connections helped him win a favorable ruling from his country's Supreme Court.
Valat sued three of Safie's companies in 2004. Valat, which had taken over a failed U.S. bank, the Hamilton Bank, claimed that Safie's businesses had stopped making payments on lines of credit.
The suit was filed in Miami because Valat said Safie had assets in the United States. Safie has claimed he has no U.S. assets, which could bring a perjury charge.
http://www.upi.com/Top_News/2008/11/12/El_Salvador_court_rules_for_local_tycoon/UPI-21381226517493/
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