FRANCISCO JAVIER DE LOS RÍOS BAERTL

This case was initiated due to the criminal complaint filed by the legal representative of Banco Santander against Francisco Javier de los Ríos, José Ángel Moya, Martín Baertl and Carlos Rubiños for the alleged commission of the crime of generic falsehood. The complainant claims that the company AgrIcola La Venta S.A. sent them a letter in which they requested a disbursement of US$ 3,715,000.00 for the capitalization of interests of 07 financings, indicating that the cancellation would be made on February 08th, 2021; date on which it did not comply, reason for which information was requested to the company, which by mail dated August 12th, 2021, informed that they had 263.76 hectares of the Pinilla farm, with a commercial value of US$ 14,420,626.00, of which 139.82 hectares were to be regularized. In view of this, the financial entity requested the support of the property rights or possession of the unregistered plots, to which Carlos Rubiños sent 03 extrajudicial transactions, indicating that together they included the extension of the Pinilla State, which was in the process of regularization. The complainant alleges that after having carried out the corresponding verification, it was found that the properties that were in possession were being reorganized by third parties, but not by Agricola La Venta S.A. That being said, they question that the accused presented false information to Banco Santander. After becoming aware of the criminal complaint filed, we took part in the investigation conducted by the Second Office of the First Provincial Corporate Criminal Prosecutor’s Office of San Isidro, requested copies of the case and participated in the scheduled proceedings, proving that Francisco Javier de los Ríos Baertl left his position as General Manager of the company Agricola La Venta S.A. in December 2020 and that, therefore, he was not aware of the emails sent in the year 2021. In the same way, we have been accrediting that the third parties that initiated the process to clean up the parcels linked to the company Agricola La Venta S.A. and that they have signed an agreement in this respect; thus, accrediting that no falsehood has been made. To date, the investigation is still ongoing.

Matter value – include currency and amount in figures :

The questioned amount in this case is US$ 3,715,000.00

Is this a cross-border matter? If yes, please indicate the jurisdictions involved :

No.

Lead partner :

DIEGO ABEO

Other team members :

MARIA FERNANDA GUTIERREZ

Other firms advising on the matter and their role(s) :

Estudio Rebaza, Alcazar & De Las Casas. (ranked band 2 in the white collar-crime practice area)

Date of completion or current status :

Ongoing