THE CASE/Proof of innocence             1 2 3 4 5 6

3 Illegal confiscation without prior judgment and mandate that created defenselessness

The confiscation is part of a confabulation that has squandered and plundered more than 1 billion USD in assets, businesses and media companies managed by the Government. There has been no accountability to the country as to the sale, depreciation or bankruptcy of said assets, and the main culprit of the aforementioned acts, Pedro Delgado, is a fugitive in Miami.

"Sign it or you’re out of here"
Fausto Ortiz, then finance minister, denounced that he was forcibly ordered to sign the forged minutes of the Board meeting that supposedly authorized the confiscation. By refusing such illegality, Correa ordered him to: "Sign it or you’re out of here"; Ortiz left. Afterwards, the correista assembly enacted Mandate 13 which left the Isaias brothers defenseless and shielded the authors, accomplices and accessories after the fact of the confiscatory act.
The main objective was to seize TC Television, Gamavision and CN3

 

In July 2008, a group of former Government officials decreed a "bank holiday" and conjured up the idea of confiscating the assets, businesses and media of the Isaias Dassum brothers; alleging the supposed existence of depositors economically harmed by the private management of Filanbanco.

The underlying objective was to appropriate the TV channels, TC and Gamavision, and add them to the growing number of government media to strengthen the state propaganda. The masterminds behind this illegal act were Rafael Correa, Alexis Mera, Camilo Saman, Pedro Solines, and Juan Falconi who toasted to the seizure days prior to its execution. This meeting was covered by much of the news media. This meeting was covered by much of the news media.

 

A hasty process, part of a political slogan

To accomplish their goal, they had to "resign" a Superintendent of Banks, numerous General Managers of the AGD and ministers of state, and replaced those key posts with enemies of the Isaias family. Carlos Bravo, Falconi’s friend and attorney, was appointed as head of the AGD and executioner of the confiscation. The act was highly political and not judicial. Bravo received direct orders over the phone from Rafael Correa to carry out all the acts of confiscation.

The regime concealed from country that there was no unpaid depositors and the 2001 report by Deloitte & Touche, was not an audit of the financial statements and it did not determine liability against Isaias administration nor, nor did it determine any improper use of the funds by them either.

They violated the right of due process; actuaron sin sentencia, resolvieron como jueces sin serlo y se apoderaron en forma inmoral e ilegal de bienes ajenos. acted without a judgment, resolved issues as if they were judges and proceeded to seize the property of others in an immoral and illegal manner.

Depositors of Filanbanco/Isaias were never harmed economically

With the stroke of an administrative pen, assets, businesses and media valued at more than 1 billion USD were nationalized Se confiscaron mas de 1.000 millones de dólares y solo se pagaron menos de 5. La razón: no habían depositantes perjudicados de Filanbanco correspondientes a la administración Isaías.and less than 5 million USD was paid out. The reason being depositors of Filanbanco during the Isaias administration were never harmed. El descalabro del banco se produjo en la administración estatal.

Según el According to official government reports of the UGEDEP, those 5 million dollars in reality were paid to the creditors of La Previsora and Previsora International Bank, a bank that was merged with State Filanbanco.

The feast of confiscated assets and businesses

As to the businesses confiscated and administered by the AGD (later called UGEDEP), so far no one has responded for irregularities or damages perpetrated upon them as revealed by the Comptroller and, in some cases, investigated by the Prosecutor.
http://www.eluniverso.com/noticias/2013/07/28/nota/1214271/contraloria-examina-eica-fondos-gestion
http://www.elmercurio.com.ec/365356-trabajores-de-ecudos-piden-investigar-venta-de-ingenio-ecudos/#.U6IHZr4o7IU
http://www.ecuadorinmediato.com/index.php?module=Noticias&func=news_user_view&id=190880&umt=fiscalia_inicia_indagacion_previa_en_caso_venta_del_ingenio_eq2_informa_enrique_herreria

There has been no accountability to the country for confiscated assets estimated at more than 1 billion USD or the $23 million dollars in cash that was seized from Petromanabi alone in 2008. .

On July 9, 2008, the day after the confiscations, upon the request of the regime’s assemblymen, the Constituent Assembly of Montecristi approved Constituent Mandate 13 within a few hours. Mandate 13 “legalized” the confiscations in a retroactive manner. That same Mandate prohibited judges and courts from accepting any challenges from those affected by the acts of the AGD with criminal prosecution and impeachment, leaving the Isaias brothers totally defenseless.

That is how the political will manifested its attack against Roberto and William Isaias by ignoring their human rights and denying them access to Justice. This is one of the reasons why the UN Commission of Human Rights, headquartered in Geneva, admitted the complaint of March 2012 filed by the Isaias brothers against Ecuador for violations of their human rights.

 

 

 

VIDEO: Fausto Ortiz, The board of the AGD, did not authorize the seizure



1. Mandate 13.pdf

2. Report by Delloitte and Touche.pdf



Bankruptcy of Filanbanco is the consequence of a corrupt government administration.

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All credits were paid to Banco Central. There was no embezzlement.


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Confiscation was illegal, without court ruling and a Mandate that set them into legal helplessness.

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Judges ratify the innocence of Isaias Brothers. Correists turn down the court ruling.

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Ecuadorian justice manipulated and ruled by the executive power.


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Processes with impartial judges, give reason to the Isaias brothers.


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