Venezuelan Appellate Court Judgment of Acquittal of Gustavo Gomez Lopez et al
FIRST: IT ACQUITS GUSTAVO ADOLFO GOMEZ LOPEZ, GIACOMO LEON ROCHELLE, FOLCO MARIA FALCHI TIBERI and ROSE MARY ROJO PEÑA, there being full proof of their identities in this judgment, of the financial criminal charges brought against them by the Assistant Government Attorney
(Non-Translated Text)
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CHAPTER III
HOLDING
As reasoned hereinabove, this FIRST INTERIM CRIMINAL REMAND COURT FOR THE TEMPORARY PROCEDURAL SYSTEM OF THE COURT OF APPEALS FOR THE CRIMINAL JUDICIAL CIRCUIT IN THE JUDICIAL DISTRICT FOR THE CARACAS METROPOLITAN AREA, with Nationwide Jurisdiction, while Administering Justice on Behalf of the Republic and by Legal Authority, issues the following judicial decisions:
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FIRST: IT ACQUITS GUSTAVO ADOLFO GOMEZ LOPEZ, GIACOMO LEON ROCHELLE, FOLCO MARIA FALCHI TIBERI and ROSE MARY ROJO PEÑA, there being full proof of their identities in this judgment, of the financial criminal charges brought against them by the Assistant Government Attorney, pursuant to Article 512, Section 4, Organic Criminal Code of Procedure, as perpetrators of the crime of FRAUDULENT USE or DIVERSION OF PUBLIC FUNDS, in detriment of C.V.G. Interamericana de Alumina, C.A.
SECOND: IT ACQUITS MARIA ANGELICA PULGAR CORAO, ARTURO CELESTINO MALAVE ALVAREZ, ROSE MARY ROJO PEÑA, MARIA TERESA PULGAR CORAO, ADOLFO MALAVE ALVAREZ, GIACOMO LEON ROCHELLE, GUSTAVO ADOLFO GOMEZ LOPEZ, FERNANDO ANTONIO LAURIA ROMERO, MERY ROFFE DE SILVERMAN, NILOHA MARTINEZ DE MORILLO, AGUSTIN ALIBERT HERMOZA, DANIEL LEON YALLONARDO, PEDRO MIGUEL GILLY CALZADILLA, AND FOLCO MARJA FALCHI TIBERI, there being adequate proof of their identities in this judgment, of the financial criminal charges brought against them by the Assistant Government Attorney, pursuant to Article 512, Section 4, Organic Criminal Code of Procedure, as perpetrators of the crime of CONTINUING FRAUDULENT USE or DIVERSION OF PUBLIC FUNDS, as described in Article 71, Section 2, Organic Law on the Safeguard of Government Property, in detriment of Government Property (Government-Owned Companies).
THIRD: IT ACQUITS GUSTAVO ADOLFO GOMEZ LOPEZ, GIACOMO LEON ROCHELLE, FERNANDO ANTONIO LARIA ROMERO, ELOY ALFREDO MONTENEGRO SALOM, MARIA TERESA PULGAR CORAO,
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ROSE MARY ROJO PEÑA, MARY ROFFE DE SILBERMAN, NILOHA MARTINEZ DE MORILLO, CARMEN TERESA FERRAROTTI ABUCHAIDE, JANY BEATRIZ KILLWORTH DE PAOLETTI, FOLCO MARIA FALCHI TIBERI, DANIEL AQUILES LEON YALLONARDO and PEDRO MANUEL GILLY CALZADILLA, there being adequate proof of their identities in this case, of the financial criminal charges brought against them by the Assistant Government Attorney, pursuant to Article 512, Section 4, Organic Criminal Code of Procedure, as perpetrators of the crime of ACTS IN BREACH OF FIDUCIARY DUTY, as provided in and punishable by Article 31, Law on Trusts.
FOURTH: IT ACQUITS GUSTAVO ADOLFO GOMEZ LOPEZ, GIACOMO LEON ROCHELLE, PEDRO MANUEL GILLY CALZADILLA, RICARDO JOSE CISNEROS RENDILES, GUSTAVO ENRIQUE PLANCHART POCATERRA, FERNANDO ANTONIO LAURIA ROMERO, ELOY ALFREDO MONTENEGRO SALOM, OSCAR DE LOS SANTOS BRICEÑO GONZALEZ, ELIO SILVA ORELLANA, MARIA TERESA PULGAR CORAO, FOLCO MARIA FALCHI TIBERI, FRANCISCO CABRERA REINA, JORGE EMILIO GOMEZ HERNANDEZ AND JESUS NAVAS CASTRO, there being adequate proof of their identities in this case, of the financial criminal charges brought against them by the Assistant Government Attorney, pursuant to Article 512, Section 4, Organic Criminal Code of Procedure, as perpetrators of the crime of PREPARING, EXECUTING, AUTHORIZING, CERTIFYING, SUBMITTING OR PUBLISHING FRAUDULENT BALANCE SHEETS AND FINANCIAL STATEMENTS, as provided in and punishable by Article 202, General Law on Banks and Other Financial Institutions.
FIFTH: IT ACQUITS MERY ROFFE DE SILVERMAN, FOLCO MARIA FALCHI TIBERI, CARMEN FERRAROTI ABUCHAIDE, NILOHA MARTINEZ
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DE MORILLO, GUSTAVO PLANCHART POCATERRA, GIACOMO LEON ROCHELLE, PEDRO GILLY CALZADILA LOPEZ, FERNANDO LAURIA ROMERO, ELOY ALFREDO MONTENEGRO SALOM, DANIEL AQUILES LEON YALLONARDO, ROSE MARY ROJO PEÑA, AGUSTIN ALIBERT HERMOZA, TOMAS NIEMBRO CONCHA, FRANCISCO CABRERA REINA, GUILLERMO BELLO VICENTINI, MARIA DELGADO MARTINEZ, JOSE VICENTE MELO LOPEZ, VIRGINIA DRIELTS PELAEZ, ADOLFO MALAVE ALVAREZ, MARIA ANGELICA PULGAR CORAO, MARTIN JACINTO GUTIERREZ RAMIREZ, GUSTAVO GOMEZ LOPEZ, JUAN BAUTISTA GOMEZ LOPEZ and RAFAEL ABREU ANSELMI, there being proof of their identities in this judgment, of the financial criminal charges brought against them by the Assistant Government Attorney, pursuant to Article 512, Section 4, Organic Code of Criminal Procedure, as perpetrators of the crime of CONSPIRACY, as provided in and punishable by Article 287, Criminal Code.
SIXTH: IT ACQUITS MARTIN JACINTO GUTIERREZ RAMIREZ, GUSTAVO ADOLFO GOMEZ LOPEZ, JANY BEATRIZ KILLWORTH DE PAOLETTI, PEDRO ALMOGUERA, DANIEL AQUILES LEON YALLONARDO, JOSE VICENTE MELO LOPEZ, MIRIAN DELGADO DE MARTINEZ, GUILLERMO F. VEGAS PACANINIS, CARLOS LUIS FERNANDO CUESTA, JOSE LUIS BLANCO, FRANCISCO JAVIER CARDENAS EGUI, GUSTAVO ENRIQUE PLANCHART POCATERRA, PEDRO MIGUEL GILLY CALZADILLA, MARIA TERESA PULGAR CORAO, FERNANDO ANTONIO LAURIA ROMERO, CARMEN TERESA FERRAROTTI ABUCHAIDE, ELOY ALFREDO MONTENEGRO SALOM, NILOHA MARTINEZ DE MORILLO, TOMAS NIEMBRO CONCHA, JOSE GOMEZ HERNANDEZ, AGUSTIN ALIBERT HERMOZA, MERY ROSA DE SILVERMAN, FOLCO MARIA FALCHI TIBERI, JUAN BAUTISTA GOMEZ
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LOPEZ, RAFAEL ENRIQUE ABREU ANSELMI, GIACOMO LEON ROCHELLE, MANUEL IGNACIO ARCAYA ARCAYA, ADOLFO MALAVE ALVAREZ, MARIA ANGELICA PULGAR CORAO, ARTURO CELESTINO MALAVE ALVAREZ AND EDWIN ACOSTA RUBIO PITA and GUILLERMO BELLO VICENTINI, there being full proof of their identities heretofore, of the financial criminal charges as perpetrators of the crime of CONTINUING FRAUD, as provided in and punishable by Article 464, in connection with Article 99, both of which being in the Criminal Code, pursuant to Article 512, Section 4, Organic Code of Criminal Procedure.
SEVENTH: IT ACQUITS ELOY ALFREDO MONTENEGRO SALOM, there being full proof of his identity in this decision, of the Charges brought against him by the Assistant Government Attorney, pursuant to the provisions in Article 512, Section 4, Organic Code of Criminal Procedure, as perpetrator of the crime of USE OF ITEMS ORIGINATING IN CRIMINAL ACTIVITY, as provided in and punishable by the heading of Article 472, Criminal Code.
EIGHTH: IT ORDERS THE DISMISSAL OF THE CASE as a result of the abatement of the criminal action brought against GUSTAVO GOMEZ LOPEZ for the crime of ILLEGAL POSSESSION OF A FIREARM, as provided in and punishable by Article 276, Criminal Code, as established in Article 512, Section 4, Organic Code of Criminal Procedure, in connection with Article 44, Sections 8 and 3 and Article 325 thereof, and Articles 106, Section 6 and 110, both being in the Criminal Code.
NINTH: With regard to the CIVIL ACTION brought against GUSTAVO ADOLFO GOMEZ LOPEZ, GIACOMO LEON ROCHELLE, FALCO MARIA FALCHI TIBERI, MARIA ANGELICA PULGAR CORAO, ARTURO CELESTINO MALAVE ALVAREZ, ROSE MARY ROJO PEÑA, MARIA TERESA PULGAR
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CORAO, ADOLFO MALAVE ALVAREZ, FERNANDO ANTONIO LAURIA ROMERO, MERY ROFFE DE SILVERMAN, ANTONIO CESAR UGUETO TRUJILLO, NILOHA MARTINEZ DE MORILLO, AGUSTIN ALIBERT HERMOZA, DANIEL LEON YALLONARDO and PEDRO MANUEL GILLY CALZADILLA for the crime of FRAUDULENT USE OF PUBLIC FUNDS; whereas the acts were not proven, they are held to be exempt from any civil liability issuing from the crime, and therefore, the civil action and any defenses thereof are DISMISSED.
Thus, the Judgment issued on August 3, 1996 by the abolished Fifth Criminal Banking and Government Property Safeguard Court, with nationwide jurisdiction and sitting in the City of Caracas, becomes PARTIALLY AMENDED, and the other judgment issued by the same Court on August 14, 1998 is AFFIRMED; furthermore, the FORMAL defect noted by the Criminal Division of the Supreme Court of Justice in its decision of June 13 of the year 2000, which vacated the Judgment issued by the Tenth Division of the Court of Appeals of the Criminal Judicial Circuit in the Judicial District for the Caracas Metropolitan Area on August 25, 1999, is corrected.
Be it published and entered; be the parties noticed of the publication of this judgment as provided in Article 196, Organic Code of Criminal Procedure. Be the applicable Notices issued. Be the original file sent within the legal time frame to the Office of Distribution of Criminal Files for the Criminal Judicial Circuit in the Judicial District for the Caracas Metropolitan Area for execution thereof.
Given, signed and sealed in the Courtroom of the FIRST INTERIM CRIMINAL REMAND COURT FOR THE TEMPORARY PROCEDURAL SYSTEM OF THE COURT OF APPEALS FOR THE CRIMINAL JUDICIAL CIRCUIT IN THE JUDICIAL DISTRICT FOR THE CARACAS METROPOLITAN AREA, in
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Caracas, on the ELEVENTH (11th) day of JULY of the year two thousand and one. The 191st Year of Independence and 142nd of Federation.
THE CHIEF JUSTICE
/signature/ [Illegible]
THE HON. CARMEN MIREYA TELLECHEA
JUSTICE JUSTICE
/signature [Illegible] /signature/ [Illegible]
THE HON. IRMA AVILA MAESTRACCI MARIA EUGENIA OPORTO S.
(JUSTICE WRITING THE OPINION FOR THE COURT)
THE CLERK
/signature/ [Illegible]
BRISMAR ALCALA GUACUTO, ESQ.
The foregoing judgment was published and entered on this date at eleven forty-five in the morning. Further, Notices were issued to the Office of the Government’s Attorney and defense counsel, from No. 2,001-367 thru No. 2,001-403, both inclusive.
[Rubber Stamp: Republic of Venezuela
The Judiciary
(Official Coat of Arms of the Republic of Venezuela)
[Illegible words]
Court of Appeals
Division: ]
THE CLERK
/signature/ [Illegible]
BRISMAR ALCALA GUACUTO, ESQ.
Translator’s Note: On each of the first six original pages of this document, a partially legible rubber seal is seen in their lower left hand margin, together with one or more signatures, depending on the page.
CERTIFICATE OF ACCURACY
STATE OF FLORIDA )
) SS.
COUNTY OF DADE )
Before me, a Notary Public in and for the State of Florida at Large, personally appears Anthony T. Rivas, an interpreter certified by the Administrative Office of the United States Courts and the State of California and a translator accredited by the American Translators Association and certified by the National Translator Certification Service, who, after being first duly sworn, deposes and says that he is fully versed in the Spanish and English languages, and that he has certified and verified that the foregoing Venezuelan Appellate Court Judgment of Acquittal of Gustavo Gomez Lopez et al. is, to the best of his ability and belief, a true and correct translation, from the Spanish into the English languages.
ANTHONY T. RIVAS
Sworn to and subscribed before me on this 24th day of july, 2001, in the County of Miami/Dade,Florida by Anthony T. Rivas.
Personally known to me OR Produced Identification Driver’s License
Type of Identification Produced FL DRIVER LICENSE #R120-018-51-461
Antonio Palomo
Notary Public
State of Florida at Large
My commission expires: Feb. 14, 2004
Rubber Stamp:
Official Notary Seal
Antonio Palomo
Notary Public State of Florida
Comision Nº CC910455
My Commision exp. Feb. 14 2004