| NEW YORK, June 24
NEW YORK, June 24 A fugitive Venezuelan
businessman charged in the United States with defrauding a
subsidiary of state oil company PDVSA [PDVSA.UL], is seeking
buyers for his $2.5 million New York apartment, a court
document made public on Wednesday said.
The document filed by the U.S. Securities and Exchange
Commission asked a federal judge to freeze the assets of
Guillermo David Clamens, his co-defendant Nazly Cucunuba Lopez
and their firm involved in a purported fraud of hundreds of
millions of dollars.
Clamens, an executive of registered broker-dealer FTC
Capital Markets Inc in New York, and Miami-based employee Lopez
were criminally charged on May 19 with conspiracy, securities
fraud and wire fraud. U.S. prosecutors and the SEC accused them
of defrauding Citgo Petroleum Corp, a subsidiary of PDV Holding
Inc owned by Venezuelan state oil company PDVSA.
At the time of the charges, Clamens was in Venezuela and
remains there. Lopez, also known as Lina Lopez, was arrested in
Miami and released on $750,000 bond. She surrendered her travel
"On June 15 and 16, Commission staff learned from a
building resident and a representative of the condominium's
management company that Clamens is currently seeking buyers for
the apartment and is in the process of emptying its contents,"
the document said.
It also said that on May 22, Clamens tried to transfer
$400,000 offshore from a JP Morgan Chase bank account held by
FTC that Clamens controlled. Prosecutors were able to obtain a
freeze on the account and stop the transfer, the SEC said.
The regulator said that on June 10 its investigators
learned that Clamens had been trying to transfer the balance of
money in FTC accounts that he controlled at Rosenthal, Collins
Groupm LLC, a futures commission merchant of Chicago and New
The SEC complaint said Clamens and Lopez solicited a total
of $560 million from Houston-based Citgo and PDV between April
2008 and November 2008. The pair invested the money in
high-risk securities without the knowledge of those investors,
instead of in low-risk securities, the complaint said
A separate lawsuit by the companies in March accused the
pair of creating a "slush fund" that they used "to finance
self-interested, unauthorized and speculative trading in
unregistered, risky, illiquid investments in which they had
financial interests, the full extent of which remain unknown."
The cases are USA v Guillermo A. Clamens and Nazly Cucunuba
Lopez 09-mag-1223 and SEC v FTC Capital Markets Inc et al
09-4755 in U.S. District Court for the Southern District of New
(Reporting by Grant McCool, editing by Dave Zimmerman)