Fraud in sale of annulled commercial papers by former partner. Olaechea is assisting the Peruvian agribusiness company Keyperu in filing a criminal complaint against Dagios Corp—a former business partner. The client alleges that Dagios has sold commercial papers knowing that they were null and void.
Annulled papers due to lack of delivery of coffee products: The parties had an investment business, in which our client would issue commercial papers in exchange for coffee products; Dagios could sell the papers to other banking institutions. The counterparty failed to fulfil its part of the agreement and did not deliver the promised products. As a result, our client annulled several papers.
Debt with financial institutions paid by client: However, the counterparty sold the annulled papers to various financial institutions, who started to demand payment from our client. Our client had to assume the debt with the financial institutions.
Counterparty disappeared after commitment to refund client: After negotiations, the counterparty committed itself to refund our client and wrote a cheque to cover it. Thereafter, the counterparty disappeared and the amount could not be cashed, as the cheque was rejected by the bank for lack of funds.
Accused party located and summary proceedings applied: We assisted the client in filing the criminal complaint and presenting the available documentation. The accused was located, and the Prosecution Service requested the court to apply the summary proceedings, considering all the documentation we presented. The trial court accepted the request, the counterparty appealed, and the trial court’s decision was confirmed by the court of appeals.
Complex case involving unlocated defendant: The case is complex as it involves money that was considered to be lost and the defendant unlocated. Now, the client has a means of contact with the defendant, and there is some possibility of recovering its money.
Unique fast-tracked case: This is also a relevant case as it has progressed faster than other investigations. In the same year, the investigation has been completed and the oral trial is about to begin. This is not very common in our jurisdiction and our work was crucial to achieving it.
Peruvian supplier of fruits and vegetables to foreign markets: Keyperu has over 20 years of experience supplying premium quality products to foreign markets, being the leader in the production, distribution, and export of fruits and vegetables.
Latest development: We are currently waiting for the hearing of the case.
