Javier de los Ríos Baertl [Counterparty: Banco Santander Peru S.A.; Prosecution Service of San Isidro; Agricola La Venta S.A.; José Ángel Moya; Martín Baertl; Carlos Rubiños]

Defence over alleged fraud and financing by misrepresentation. We are defending the former general manager of Agricola La Vent from a criminal complaint filed by Banco Santander against our client and three other individuals for the alleged commission of fraud and financing by misrepresentation. Alleged false information regarding seven financings for plots of land: The counterparty claims the suspects provided false information to the bank regarding a multimillion-dollar disbursement for the capitalisation of interests of seven financings for plots of land by Agricola La Vent. Timeline showcases client’s innocence: We defended the client before the Prosecution Service of San Isidro, arguing that he had left his position at Agricola La Venta a year before the submission of the allegedly false information and, therefore, would it be impossible for him to be aware of the subject. Sizeable damages and reputation at stake: This case holds significant importance for the client as it pertains to his reputation and standing. Additionally, the opposing party has been quite proactive throughout the criminal investigation and seeks a substantial sum in damages. Latest development: In July 2024, the Prosecution Service decided to dismiss the case. We continue assisting the client as the counterparty can file an appeal to reopen the case.

Matter value – include currency and amount in figures :

Approx. USD 4 million

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

No

Lead partner :

Diego Abeo

Other team members :

Maria Fernanda Gutierrez; Diego Sedano

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

Estudio Rebaza, Alcazar & De las Casas (Counsel to Martín Baertl Aramburú)

Date of completion or current status :

Ongoing