CRIMINAL COURT JUDGMENT #6
Complainants: 244 plaintiffs
Defendants: Jose Humberto Paredes, Victor Hugo Paredes, Luis Fernando Galleguillos (Sweet Land) and others
Offense: Art. 335, 346 and 23 of C. P. - Pyramid Fraud with multiple victims aggravation case
Number: 201511175
September 5, 2017
Presented in this Court of Criminal Sentence No. 6, the
cause marked with No. 201511175, which corresponds to the criminal process
followed by the Public Ministry and 244 plaintiffs against JOSE HUMBERTO
PAREDES GONZALES, VICTOR HUGO PAREDES GONZALES, PABLO ERASMO PAREDES GONZALES ,
CARMEN DELIA PAREDES GONZALES DOCKRY AND LUIS FERNANDO GALLEGUILLOS LARRAIN,
who are accused for the crime of fraud with aggravation case of multiple
victims, provided in Article 335 and 346
of the Penal Code. |
In the present case, the accused JOSE HUMBERTO PAREDES GONZALES, VICTOR HUGO PAREDES GONZALES, PABLO ERASMO PAREDES GONZALES, CARMEN DELIA PAREDES GONZALES DE DOCKRY, and LUIS FERNANDO GALLEGUILLOS LARRAIN, as Ringleaders |
ELAINE BISHOP URZAGASTE, LIMBER CLAURE SANDOVAL, GABRIEL GARCIA ROJAS AND RODRIGO SORIA MEDRANO, prosecutors assigned to the corporate prosecution No. 3 of property crimes, within the investigations followed by the Public Ministry to PLAINTIFFS and COMPLAINTS followed at the initial instance of HEIDY ZURITA SALAZAR AND OTHERS against JOSE HUMBERTO PAREDES GONZALES; VICTOR HUGO PAREDES GONZALES; PABLO ERASMO PAREDES GONZALES; LUIS FERNANDO GALLEGUILLOS LARRAIN AND OTHERS, for the alleged commission of the crimes of ESTAFA WITH AGGRAVANTE DE VICTIMAS MULTIPLES, planned and sanctioned in Arts. 335 and 346 Bis of the Penal Code; EXTENSION of investigations by request of June 30, 2015 against: JOSE HUMBERTO PAREDES GONZALES; VICTOR HUGO PAREDES GONZALES; PABLO ERASMO PAREDES GONZALES; LUIS FERNANDO GALLEGUILLOS LARRAIN, MIRTHA PAMELA GIACOMAN REVOLLO, CECILIA MARIA DE RADA HERBAS, JAZMIN VERONICA DE LA CUBA, CARMEN ROSA VILLARROEL GEIGER,ADRIANA ESCOBAR PARRAGA, ELOISA CAERO AZURDUY, JOSE PAREDES ORTEGA, DENISSE CLAURE TITA,CLAUDIA PATRICIA BLANCO CASTEDO, NOELIA INDIRA VASQUEZ VILLARROEL, SILVIA RENTERIA HOLGUIN, GLENDA G. VELASCO MONTANO, CRISTINA AYLLON GARCIA, CIINTHIA NEYDA CESPEDES PEDRAZAS, ALVARO JAVIER AGUILAR CUELLAR, DIANA ALEXOPULOS CORES, GUIDO ANTONIO GALLEGUILLOS, ORLANDO VALDIVIA GODOY, JUAN CARLOS QUIROGA TEJADA , JAIME JOSE ANTONIO TRIGO FLORES, ALEJANDRO YBARRA CARRASCO, CECILIA VALERIA FERNANDEZ COVARRUBIAS, ADRIANA ESCOBAR PARRAGA, JORGE JULIO RICARDO GARRET, GONZALO CALDERON VALENZUELA, and HORACIO HERBERT BARRANCOS BELLOT (SNV);extension of investigations on October 19, 2015 against agronomists OSCAR EDUARDO OLIVERA RODO, EDGAR ROLANDO REYNOLDS CARDOZO, RENE FERNANDO FERNANDEZ BARRIENTOS, CESAR GONZALO LA FUENTE PILLCO; extension of investigation on December 4, 2015 against JORGE ORLANDO MENDEZ ROCA GONZALES, for the alleged commission of the crimes of FRAUD WITH AGGRAVATION OF MULTIPLE VICTIMS and ASSOCIATION DELICTUOUS, provided and sanctioned by Arts. 335, 346 bis and 132 of the Penal Code; investigation Extended on September 11, 2015 against JORGE ANTONIO LOAYZA MOLINA, (Public Notary Notary No. 57), for the alleged crimes of MATERIAL MISREPRESENTATION, IDEOLOGICAL FALSITY, USE OF COUNTERFEITING INSTRUMENTS AND DELICTUOUS ASSOCIATION, envisaged and sanctioned by Arts. 198, 199, 203 and 132 of the Penal Code,in the degree of COMPLAINT of AGGRAVATED FRAUD, provided and sanctioned by Art. 335, 346 Bis and 23 of the Penal Code, step to expose the following;
1.- PLAINTIFFS AND COMPLAINERS: List of names and IDs of 244 victims
2.- DATA REGARDING THE ACCUSED
ID: 3478596 La Paz
Home address: Unknown
Defense Lawyer: Agneta Miranda
Procedural address: Unknown
Legal Status: Declared defaulter, rebellius
2. Name: VICTOR HUGO PAREDES GONZALES
ID: 3478597 La Paz
Home address: Unknown
Defense Lawyer: Agneta Miranda
Procedural address: Unknown
Legal Status: Declared defaulter, rebellius
3. Name: PABLO ERASMO PAREDES GONZALES
ID: 4373481 La Paz
Home address: Unknown
Defense Lawyer: Agneta Miranda
Procedural address: Unknown
Legal Status: Declared defaulter, rebellius
4. Name: LUIS FERNANDO GALLEGUILLOS LARRAIN
ID:
Home address:
Defense Lawyer: Viviana Calderon de la Barca
Procedural address: Unknown
Legal Status: Preventive arrest, El Abra Prison
5. Name: CARMEN DELIA PAREDES GONZALES de DOCKRY
ID: 3474405 Cochabamba
Home address: Unknown
Defense Lawyer: Agneta Miranda
Procedural address: Unknown
Legal Status: Declared defaulter, rebellius
3.- BACKGROUND AND DESCRIPTION OF THE FACT:
On April 7, 2015, the citizens named in the list of complainants and complainants that preceded, filed a complaint and then formalized a complaint against the nominees on the list of defendants above, stating in essence that the company Tierra Dulce LLC, offered the public in general the possibility of making investments with excellent profits and naturally with the return of capital invested and for 6 years would receive profits that would multiply their investment.
Based on this news criminis has come to verify that the aforementioned company, had a record in FUNDEMPRESA, NIT and risk insurance. The victims affirmed that the offer was highly tempting, so they made investments for different amounts since they saw the effectiveness of the offer, since many "investors" recovered their first investment and obtained good profits which encouraged them to return to invest both their capital and the profits obtained, these agreements were accredited through public documents and bank deposit slips.
The investors were free to decide, the amount of their investment that was in relation to the number of walls planted with stevia, ready for investment, but also the company offered other products through subsidiary companies, TIERRA DULCE LLC, such as INDUSTRIAS DULCES DEL VALLE SRL, PROGETTO SA, INCONEL SRL., SABOL SRL, CTI SA, HOME SWEET HOME LLC, BOLIVIAN GREEN LLC, P & P, JOPAIS INVESTMENTS, INCONEL LLC, POSTA LLC, OLGOONINK MANAGEMENT SERVICE LLC, SMART BUSINESS CORPORATION LLC, BOLHISPANIA LLC .
The company Tierra Dulce LLC, and the secondary companies, were initiated by the initiative and participation of Jose Humberto Paredes Gonzales, Victor Hugo Paredes Gonzales, Pablo Erasmo Paredes Gonzales and Luis Fernando Galleguillos Larrain, who created their creation through a public instrument, and They continued with all the records, operating licenses and how much processing was necessary to show the legality of their existence and authorization to exercise their activities.
On this basis, they hired employees to manage the different areas that made up the company, but these companies only existed in an imaginary way, since in reality they were decoys to attract the attention of the population, because, in this way, the victims made large amounts of money. investments, from which the aforementioned creators of Tierra Dulce undoubtedly benefit, since up to the present they did not return the invested capital and once they initiated the legal actions against the referred ones, they chose to flee the country leaving in despair hundreds of people, who came to sell their assets to have cash and invest in Tierra Dulce and its subsidiaries.
The plaintiffs point out that several people, such as employees of said company, of the insurer Alianza, of SNV, and Aeroterra, also participated in the wrongful acts reported.
4.- BASIS OF THE ACCUSATION:
The evidence obtained in the preparatory stage of the trial clearly demonstrates that the defendants JOSE HUMBERTO PAREDES GONZALES, VICTOR HUGO PAREDES GONZALES, PABLO ERASMO PAREDES GONZALES, CARMEN DELIA PAREDES GONZALES DE DOCKRY, LUIS FERNANDO GALLEGUILLOS, MIRTHA PAMELA GIACOMAN REVOLLO, JOSE PAREDES ORTEGA, DELIA GONZALES WALL TAPIA, ELOISA CAERO AZURDUY, CLAUDIA PATRICIA BLANCO CASTEDO, PABLO MANZANEDA CUBA, ADRIANA ESCOBAR PARRAGA, NOELIA INDIRA VASQUEZ VILLARROEL, ELIANA CECILIA RAMIREZ COSSIO AND ORLANDO VALDIVIA GODOY adapted their actions to the criminal description of the crime of fraud with the aggravation of multiple vices planned and sanctioned in Art. 335, 346 bis of the Criminal Code, so that
the so-called "investors" by purchasing shares, deliver their money in a personal way and / or depositing to the bank accounts belonging to Tierra Dulce, different amounts such as: $ US21,000, $ US31,000, $ US40,000, $US60,000 and other sums raised as investment in the plots of Stevia, deceiving them with false promises that in the first year, they would receive a profit equal to their investment and six years later the profits would be
progressively doubled.
To demonstrate the legality of their actions as well as the existence of the company and that the investment was safe to investors gave them public deeds, insurance policies and other documents that, together, allowed to believe that they came from a serious and solid company.
However, it is enough to review the constitution documents of Tierra Dulce, to see that the capital with which this company started does not exceed 210,000Bs. equivalent to $ US30,000, as stated in the aforementioned deed of constitution of a company that, moreover, was a Limited Liability Company, that is to say that its liability covers up to said amount.
The intention to defraud and benefit unduly, is reflected in the financial statements of Tierra Dulce, then, based on that minimum capital of 210,000Bs. equivalent to $ US30,000, presumably contributed by the brothers Paredes Gonzales and Galleguillos Larrain, have captured and contracted an obligation of around 131,364,939.86Bs., (or its equivalent in dollars of $ US 18,874,272.96), of which they returned 74,371,973.52Bs. or its equivalent $ US1,062,456 to investors, invested in projects such as SABOL LLC, BOLIVIAN GREEN, INCONEL, PROGGETO, AND OTHERS THE SUM OF 41,952,852Bs. or its equivalent of US $ 5,993,264, according to deeds of constitution, the amount of 56,992,966.30Bs, ($ US8,188,644.58) of which they unduly benefited remains to be returned to the investors, but these investments in such projects are nominative.
The mentioned projects presented by the "investors", as subsidary companies of Tierra Dulce, did not generate income that could justify the investments established in the deeds of incorporation and, on the other hand, some of them were not able to verify their material existence.
These numerical data leave no doubt that the people in charge of Tierra Dulce planned and set up a Piramidal Scam. We talked about the three brothers Paredes Gonzales and Luis Fernando Galleguillos Larrain, the main characteristic of this mode of frudulent events being the lack of an existence of activity or REal Investment that sustains it, but that the "profits" of some Investors are paid directly with the money that other investors invest, that is, they gave the money of the new investors to the old investors, as it is demonstrated through the individual folders of the investors.
The first investors received their dividends or quarterly payments punctually, according to the agricultural calendar designed by Tierra Dulce, which is actually a "proof" of not being in front of a scam, investors who were in charge of counting or spreading efficiency and putuality in the payment, encouraging people not only from their family or close environment, but they also included acquaintances and coworkers to make investments in the aforementioned company.
Throughout the investigation it has been possible to verify that the victims were referred by another investor who had already received his benefits satisfactorily, as a result of which he earned a percentage or a fixed amount of $ US1,000, for bringing acquaintances or friends to invest in the company.
The most effective scam mechanism, was to offer high profitability, which of course, is the greatest aractive for people, because you can earn a lot of money without any effort and safely.
It was agreed with the investor, the provision of stevia for a period of 7 years and the payment of benefits that was clearly specified, as minimum payments that would be made to the investors for the quarterly production according to the project and modality chosen by the party. This clause was a commitment to return a sum similar to that invested during the first year and in the subsequent 6 the benefits would be even greater.
As for the promised security, they resorted to taking insurance policies whose coverage was directed to the productive issue and seedlings, at no time did the coverage cover the economic investment made.
From the first symptoms or signs that something begins to go wrong, in the specific case, the intervention of the national tax office, and the lack of payment of its benefits to some investors, was the alarm that listened to the partners or shareholders who insitentemente assured that everything worked normally, cooperated by the lawyer Manzaneda and the rest of the personnel, but in fact it was a signal that the system had exploded and the brothers Paredes and Galleguillos fled, those until today and Luis Fernando Galleguillos, return to the country to face his responsibility, finding himself currently detained preventively.
The employees Eloisa Caero Azurduy, etc., had full knowledge that, the managers of the company Tierra Dulce, created the subsidiary companies called INDUSTRIAS DULCES DEL VALLE LLC, PROGETTO LLC INCONEL LLC, SABOL LLC, CTI LLC, HOME SWEET HOME LLC, BOLIVIAN GREEN LLC, P & P, JOPAIS INVERSIONES, INCONEL LLC, POSTA LLC, OLGOONINK MANAGEMENT SERVICE LLC, SMART BUSINESS CORPORATION LLC, BOLHISPANIA LLC, once the possibilities of exploiting the image of Tierra Dulce have been exhausted.
They could clearly warn, because they were in contact or were unfolding in the financial economic area, that the only source of income was the capture of resources through the sale of plots or shares called "investments" without having the financial backing or legal reserve to respond for such investments, it is not possible to consider that they have not noticed the inexistence of production to support this burden and even so they continued to cooperate in the execution of the intentional unlawful act. These people had all the information permanently and maintained a relationship with the "investors", who were informed of the dates of withdrawal of their profits, and when there were no more investors, they were informed of the dates of postponement of payments, knowing widely the reasons for such breaches.
It is essential to consider these aspects in relation to these people, for their training in that area, and the decision to remain with those actions that sooner or later would create claims and even de facto actions against them, was theirs, freely adopted, therefore, have participated in a degree of complicity in the illicit of aggravated fraud.Carmen Paredes Dockry, with her siblings-accomplices: Jose Humberto, Pablo Erasmo and Victor Hugo Paredes, acted jointly with her brothers since she made the same fraudulent investment offers to Bolivian Residents in the United States, she received moneys for such concept and also through international wire transfers from her brothers in Bolivia made to her in the United States.
Legal action procedural address located in Building Abugoch, Jordan Street N. 224, floor 2, Of. 211, Cochabamba, Bolivia.
Signed Dra Damiana Medrano Meneces, President of the Criminal Sentencing Court No. 6
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