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

6 Trial with impartial judges rule in favor of Isaias Brothers

In 2009, the Ecuadorian State, through the Agency Guaranteed Deposit (AGD) filed a lawsuit against Roberto and William Isaias, in the Eleventh Judicial Circuit Court of Miami-Dade County, Florida, USA, for the purpose of enforcing in the US the AGD Resolution AGD-UIO-GG-2008-12 whereby assets and businesses amounting to more than 1 billion USD were confiscated. The AGD told the judge in Florida that said resolution had the effect of a final judgment, because the General Manager of the AGD was in fact a "Judge" and that this resolution was not susceptible to review.

In 2009, the Ecuadorian State, through the Agency Guaranteed Deposit (AGD) filed a lawsuit against Roberto and William Isaias, in the Eleventh Judicial Circuit Court of Miami-Dade County, Florida, USA, for the purpose of enforcing in the US the AGD Resolution AGD-UIO-GG-2008-12 whereby assets and businesses amounting to more than 1 billion USD were confiscated. The AGD told the judge in Florida that said resolution had the effect of a final judgment, because the General Manager of the AGD was in fact a "Judge" and that this resolution was not susceptible to review.

The case was handled by the Complex Business Litigation Division under the case number 09-34950 CA-40 and concluded with judgment in favor of Roberto and William Isaias and against the Ecuadorian State that assumed standing of the case once the AGD disappeared. La sentencia del Juez John W. Thornton fue notificada a las partes el 20 de mayo de 2013. The parties were notified of Judge John W. Thornton’s ruling on May 20, 2013.

"First, a US court has justifications for refusing to execute a confiscatory decree issued by a sovereign foreign power since the foreign state is acting beyond its territorial domain. Secondly, the U.S. courts have authority to consider the political relations between sovereign states to decide whether to execute an act of a foreign sovereign that would amount to a confiscatory decree. Thirdly, courts have been reluctant to execute acts of foreign states that violate the U.S. Constitution in its dislike for appropriations without just compensation. Therefore, although the doctrine of state acts prohibits this Court from declaring that the Ecuadorian act would have no effect in Ecuador this Court is not precluded from refusing to perform such acts in this jurisdiction. "

Finally, Judge John W. Thornton of Florida said the AGD resolution was not a judgment and rejected the confiscatory attempt by Ecuador, granting the summary judgment motion in favor of the Isaias brothers, as follows.

"Ecuador does not seek to enforce a judgment. Without a sentence determining responsibilities, valid under U.S. law, any attempt by Ecuador to seize property of the Defendants in the U.S. is inconsistent with U.S. laws and regulations. Moreover, Ecuador eliminated the possibility that the Defendants had to challenge the R. 1084 or the responsibility of Article 29. By enacting Section 2 of the Mandate 13 Ecuador has violated several of the most fundamental pillars of the laws and regulations of USA, including due process, judicial review and independence of the judiciary to act with fairness and impartiality. "

The ruling also adds the following:

"Together, Mandate 13 and Ecuador’s intention to execute a non-judicial resolution where responsibilities are determined creates a substantial deviation from US laws and regulations. Defendants may have committed the acts alleged by Ecuador. However, the way in which Ecuador has tried to rectify the Defendants alleged errors is inconsistent with U.S. laws and regulations. Consequently, the laws governing and controlling this jurisdiction and the request by Ecuador as to the merit of Article 29 are unenforceable in this Court. "

 

 

VIDEO: Rafael Correa, "We will put our hands in the justice"
VIDEO: Lawsuit at the UN
The Isaias Case was admited by the Human Rights Committee at the United Nations in Geneva


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

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


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

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

Read more►►►
Ecuadorian justice manipulated and ruled by the executive power.


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


Read more►►►


All audiovisual and photographic resourses used within this website, are used for editorial purposes only