CONFISCATIONS/ Who is who?
JUDGE JOHN W. THORNTON

In 2009, at the behest of Pedro Delgado and the Correa regime, the Ecuadorian State, through the Agency of Guaranteed Deposit (AGD), sued Roberto and William Isaias in the Eleventh Judicial Circuit Court, Miami-Dade County, Florida, U.S. intending to confiscate properties they own in Florida, US and to enforce in said country the Resolution AGD-UIO-GG-2008-012 of the AGD by which assets and businesses were confiscated in excess of 1 billion USD. The case concluded with judgment in favor of the Isaias brothers and against Ecuador in May 2013.

The complainant AGD, on the basis of biased information and lacking evidence, alleged that the defendants had altered their financial statements, misappropriated hundreds of millions of dollars from Filanbanco and had transferred substantial sums of money out of Ecuador. However, the judgment of Judge John W. Thornton said that the Complainant State could not prove their claims, and that U.S. courts were reluctant to execute foreign acts of states that violate the U.S. Constitution such as confiscation without just compensation. Judge Thornton also stated that the resolution of the AGD was not a judicial judgment, and rejected the confiscatory attempt by the Ecuadorian State. Finally, Judge Thornton’s ruling adds that Ecuador the enactment of Article 2 of the Mandate 13, constituted a violation of several of the most fundamental pillars of U.S. laws and regulations among those due process, judicial review and independence of the judiciary.

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