We have just received
notification from the Constitutional
Court that the Habeas Corpus that was
filed by Jose Miguel Villalobos in favor
of Osvaldo Villalobos Camacho last
Friday, July 1, has been accepted, and
Court has given the Judge of the
Intermediate Phase three days in which
to respond.
The purpose of the Habeas Corpus, filed
after consultation with the Defense, is
to help expedite an end to the
Intermediate Phase by requiring the
Judge to either explain his reasons for
the excessive delay to the
Constitutional Court or finally issue
his ruling. We have learned not to
expect too much, but we do expect it
will play a role in bringing the matter
to a more rapid conclusion.
The cooperative relationship with
Osvaldo's lawyers is strong, both
through a coordinated legal strategy
between the Defense lawyers and Jose
Miguel, and through open and informative
sessions with the members of our Board.
On another matter, we can confirm that
the Prosecutor's office has in fact
returned the guarantee checks of at
least two investors who have withdrawn
their fraud claim. This marks an
important change in procedure by the
Fiscal, who up to now had refused to
relinquish custody of the physical
checks to investors who filed a
withdrawal of their accusation. Expect
more detailed information on this
situation soon.
We know that the vast majority of our
members are not among the investors who
filed fraud charges against Enrique,
however, we hope that each and every one
of you can influence other investors who
filed charges and might now be
regretting their action. Possession of
your guarantee checks, of course, is
vital to every creditor who hopes to
deal directly with Luis Enrique in the
future. Absent of your check could mean
a protracted legal process might be
required for any recovery.
"Those who have taken their cases to the
courts and have accused me, I think they
are mistaken, and will probably have to
await payment for a more prolonged
period than those who have trusted me."
Luis Enrique Villalobos, as published on
our Web site, January 18, 2005.
It is likely we will be in touch again
with you soon.
Thank you.