Key Shareholders of Pollo Campero Continue Fraud With Propaganda Campaign

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Tue Sep 16, 2008 12:40pm EDT

Following a court ruling of liability for fraud, Bosch-Gutierrez family issues
misinformation and distortion of evidence proving Avicola Group's abusive
activities 

MIAMI, Sept. 16 /PRNewswire/ -- When a decision was handed down last week from
the Supreme Court of Bermuda confirming long-standing allegations of tax fraud
against the key owners of the Pollo Campero restaurant chain and other
businesses, observers in the media likely were confused to read that the
defendants were declaring the ruling a "victory."

"For the defendants to celebrate their defeat like a victory just adds insult
to injury - it's difficult to think of many other businesses that would boast
when one company escapes liability for fraud, while their core business
division, in this case Corporacion Multi-Inversiones, is acknowledged to be
the controlling mind behind such practices," said Robert Amsterdam, lawyer to
LISA, S.A., the plaintiff in a series of legal actions against companies
controlled by Juan Luis Bosch and Dionisio Gutierrez Mayorga, two of Central
America's most wealthy and powerful businessmen.  "It seems clear that even
once their abusive practices were exposed before the law, they continue their
pattern of deception in the public sphere with misleading and distorted
statements to the media."

For example, in a press release dated Sept. 10, 2008, the Bosch-Gutierrez team
continued promoting factual inaccuracies intended to deflect attention away
from enormously important issues of public interest not just in Guatemala, but
for much of Latin America and in the United States.  Some of the inaccuracies
include the following:
    --  The defendants seek to minimize the court's finding of liability
        for fraud by repeatedly emphasizing that the nearly $2 million in
        awarded damages is smaller than an initial offer in 1998 and a
pre-trial
        settlement offer.  This is incorrect.  The fact is that the judge's
        decision includes prejudgment interest penalties of approximately $1.8
        million plus costs and attorneys fees (to be determined at a future
        hearing).
    --  The defense has spread misleading statements to media outlets in an
        attempt to argue that the plaintiff failed to prove that the Avicola
        Group used secret, off-the-book ledgers for sales of live chicken,
        manure and oranges.  This is resolutely false.  Judge Ian Kawaley
writes
        in the ruling that executives representing Bosch-Gutierrez "clearly
        admitted in a meeting which was secretly recorded that a substantial
        portion of the income generated by the Avicola Group, in particular
cash
        generated from the sale of live chickens, chicken manure and oranges
was
        kept off the books and used to fund distributions to shareholders."
    --  The clear goal of the defendant's attempts to misinform the public
        about the Bermuda ruling is reflected by their repeated statements
that
        the Court "rejects" allegations of fraud against Avicola
        Villalobos, one of the umbrella companies in the Avicola Group.  At no
        point in the decision does the judge declare that fraud is not
occurring
        at this company. The ruling addressed which company is the actual
        controlling mind of the scam.  Judge Kawaley writes that "This
        constellation of facts not only illustrates why the best available
        evidence strongly points to Multi-Inversiones (and not AVSA) being
        viewed as the corporate entity which controlled Leamington."



To present the decision of an exoneration of any kind is outrageously
misleading, say the lawyers for the plaintiff.  The identification by the
judge of Corporacion Multi-Inversiones as the controlling mind of the fraud is
very important in terms of thrusting the corrupt, public face of this business
conglomerate into the public eye.

"For almost ten years we have seen these defendants adroitly misdirect
attention to escape the difficult questions regarding these serious
allegations, such as why they refused to allow their expert witnesses to be
cross-examined, why their admission of multiple accounting systems contradicts
potentially manipulated audits from the Public Ministry, or even why they are
twisting liability into innocence," said Juan Rodriguez, counsel to the
plaintiff. "They have one goal above all, which is to discourage media
coverage at all costs.  There is only one party in this dispute afraid of the
facts.  I welcome all interested to carefully review the documents to
understand the duplicity of these immensely powerful men."

For more information on this case, including copies of the court complaints
and judgments, please at http://www.casogutierrez.com or email James Kimer at
James.kimer@ksocialmedia.com,


SOURCE  LISA, S.A.

James Kimer, K Social Media, James.kimer@ksocialmedia.com, +1-646-781-9677
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