Miami-Dade Judge rules in favor
Isaias Brothers
Isaias requests Ecuador payment of attorneys' fees. Tein, Esquire says: "We have been astonished by the civil rights violations perpetrated upon the Isaias Dassum family in Ecuador."

Miami, USA July 11, 2013. -

Michael Tein, defense attorney for the Isaias Dassum brothers in the trial Ecuador filed against them in 2009 and which it has just lost in Miami, receives this newspaper journalist in a small office on the third floor of a building in Coconut Grove, Miami.

Tein, specializing in litigation and commercial law, questioned Pedro Delgado Campana in September 2012, when he was president of the Management Unit of Public Law (Ugedep). In this deposition, Delgado admitted he had no degree in economics and could not explain the accounts of the Unit he headed.

Following the judgment of May 28 in favor of the Isaias, on June 14 Tein filed before the Court in Miami a claim against Ecuador to cover legal fees.

What is the next stage of the trial for Judge Thornton’s ruling to be final?
The judge issued his final decision on June 28. Therefore we have presented our first claim asking for the reimbursement of legal fees. Los tribunales de Estados Unidos no toleran abusos del proceso judicial ni de derechos civiles. The U.S. courts do not tolerate abuse of the judicial process or civil rights. The filing of frivolous lawsuits or claims has consequences in this country.

How much should Ecuador eventually pay?
It will be well above a million dollars.

What is Ecuador demanding from the Isaias brothers in Miami?
That Government alleged that the Deposit Guarantee Agency (AGD) had determined without a trial, that they were owed $661 million USD. También, que la AGD ya había incautado $ 400 millones a los hermanos Isaías Dassum en el Ecuador. Also, the AGD had seized $400 million from the Isaias Dassum brothers in Ecuador. Finally, they concluded that the Isaias brothers "owed to the AGD $ 200 million" and that Ecuador had the right "to collect this liability" in Miami. For us it was an attempt to confiscate property without due process.
The Isaias brothers felt that this trial initiated by Ecuador gave them an opportunity. Do you think that occurred?
We have been astonished at the levels of abuse of civil rights the Isaias Dassum family has endured in Ecuador. Judge Thornton also recognized that and ruled that Ecuador had violated "the most fundamental principles  of US. law and regulations, including procedural rights and the independence of the judiciary." The judge criticized Ecuador’s abuse in very strong language.

Do you think the Thornton ruling will help the Isaias in their lawsuits in Ecuador?
I cannot comment on Ecuador's judgments, but now Ecuadorians know that a U.S. court ruled that the Isaias brothers were not afforded the rights of due process.
During the deposition of September 2012, Delgado did not seem to be prepared, he left many questions unanswered. Why?

When I personally asked Delgado if he was prepared, he replied affirmatively; I asked if he was the person having the most knowledge about the issues of the trial, and he said yes. Additionally, Ecuador had hired one of the best lawyers in America, who belongs to one of the largest firms. They would never have allowed him to appear had he not been well prepared. I gave them several months notice as to what topics and documents had to be presented. If he did not answer, it may be that he did not want to reveal information that could compromise him or others.

Have you been able to determine what happened to the money from the sale of the confiscated businesses, about $ 278 million?
I do not know. What is noticeable is that the assets were poorly managed, in some cases bankrupted; usually sold below appraisal price. Delgado had documents showing that the AGD received $ 278 million from the sale of illegally confiscated assets. But the Ecuadorian Government’s bank statements reflected deposits collected from those sales to just about $6 million. When I asked Delgado to explain where the rest of the money was, he could not do so.

You asked for the accounts receivable made with CPG papers?
I asked for the payments, with or without CPG. We had been asking for information for two years and that was the legal moment that such information and documentation should have been produced, but he did not display anything, which leads to the conclusion that there was no such CPG or money, or anything. The witness acknowledged that these CPG did not pertain to Filanbanco. That is, the assets confiscated from my clients were paying the CPG from other banks or just entered an unknown fund, which has not been accounted for.

Fuente: Patricia Sandoval / El Universo

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