DOCUMENTS AND EVIDENCE
There is abundant evidence that demonstrates what truly happened with Filanbanco. Reports, experts, balance sheets, audits, all demonstrate the solvency at the time the bank was handed over to the Government and the consequent pilferage occurring in its hands.
Here we will show you the most significant documents of the case. Many of them have been prepared by independent bodies. All you have to do to personally assess the matter is to read the documents. You will see for yourself who the victims of this outrage are and who has benefitted personally and/or economically through this political-judicial operation.
To simplify queries the documents are arranged by subject matter, in order to shine the light on every one of the principle arbitrary accusations that weigh so heavily upon the private managers of Filanbanco.
DOCUMENTS THAT PROVE THE PROPER USE OF THE RESOURCES DELIVERED BY CBE TO PRIVATELY HELD FILANBANCO
1. REPORT ON CREDIT GRANTED TO FILANBANCO S.A. BY THE CENTRAL BANK OF ECUADOR UNDER ARTICLES 24 AND 26 OF THE LAW OF THE MONETARY REGIMEN AND BANK OF THE STATE FROM SEPTEMBER 14 TILL DECEMBER 10, 1998. The auditing firm in its final report prepared for the private administration of Filanbanco S.A. indicated that it had monitored the correct utilization of the resources delivered by the CBE to Filanbanco S.A. (Page 6)
2. REPORT OF THE AUDITING FIRM OF PRICE WATERHOUSE & COOPERS, PROCEDURES FOR REVIEW AGREED UPON WITH THE CENTRAL BANK OF ECUADOR APPLIED TO FILANBANCO S.A. FEBRUARY 1999. Report dated February 1999, issued by the auditing firm of Price Waterhouse & Coopers chosen by the Central Bank of Ecuador when it subjected Filanbanco to a Stabilization Program and it was commissioned to monitor the use of the funds delivered by the CBE to Filanbanco S.A.. The firm’s report does not mention any irregular use of funds.
3. OFFICIATE SE 146-2000-01807 CENTRAL BANK OF ECUADOR JUNE 2000 Report presented by
the CBE before the General Prosecutor of the State where it points out the control held by the CBE of the disbursements and use of the liquidity credits delivered to Filanbanco. The report states the proper use of the funds, expanding upon the daily details of the balances of the transactions. (Page eight)
4. EXPERT REPORT ORDERED BY THE PRESIDENT OF THE SUPREME COURT OF JUSTICE The report
by the experts Fernando Castillo and Elvira Pino ordered by the President of the Supreme Court of Justice concluded that Filanbanco S.A. properly utilized the resources delivered by the CBE during the period of September 14 and December 2, 1998. (Page 21, number 2)
5. OFFICIATE 2000-443-GG FILANBANCO DATED DECEMBER 5, 2000 Officiate signed by the
Engineer, Antonio Bejarano, General Manager of Filanbanco, sent to the Secretary of the Supreme Court of Justice where it stated that the public’s withdrawals from Filanbanco during the period of September 14 till December 2, 1998, were greater than the loans delivered by the CBE for that time period. (Page 1, letter D)
DOCUMENTS THAT PROVE THAT FILANBANCO’S PORTFOLIO ACCOUNTS DID NOT INCREASE BECAUSE OF NEW TRANSACTIONS
6. OFFICIATE W/O NUMBER DATED OCTOBER 15, 1998, FROM THE MANAGER OF FILANBANCO,
JUAN FRANCO, ESQ., ADDRESSED TO SIR LUIS JACOME PRESIDENT OF THE VOARD OF THE CENTRAL BANK OF ECUADOR In this communiqué the former General Manager of Filanbanco welcomes reflection upon some of the particularities of the application of Resolution 001. (Page 1)
7. MINUTES NO. 0010 OF THE MEETING OF THE BOARD OF THE CENTRAL BANK OF ECUADOR
HELD ON NOVEMBER 5, 1998 At this meeting the Board of the Central Bank of Ecuador where the modification of Resolution 001-98 is approved and issues Resolution 008-98 which decriminalizes the increase in the balance of the portfolio caused by credit cards, contingent payment by the original debtor and transactions with specific Financing of the NFC (National Finance Corporation) or international lines of credit.
8. OFFICIATE 2000-443-GG FILANBANCO DATED DECEMBER 5, 2000 Officiate signed by the
Engineer, Antonio Bejarano, General Manager of Filanbanco, was sent to the Secretary of the Supreme Court of Justice stated that Filanbanco had granted new transactions with cash disbursements, originated by consumption of credit card holders, guaranteed by certificates of deposit (back to back) and transactions for small amounts totaling 19.195 million Sucres (approximately 2.8 million dollars) corresponding primarily to consumer transactions granted by the psychological effect the crisis of the moment had on the market. (Page 3)
9. OFFICIATE SE 146-2000-01807 CENTRAL BANK OF ECUADOR DATED JUNE 12, 2000 Report
presented by the CBE to the Prosecutor General of the State in which its conclusion pointed out that it can be inferred from the information provided by Filanbanco that the needs for liquidity of said institution, during that time period, to honor and pay permissible transactions, were greater than the amount that in fact were granted by the CBE, which is why they needed to resort to other sources of funds to cover the difference in permissible transactions. (Page 11)
10. EXPERT REPORT ORDERED BY THE PRESIDENT OF THE SUPREME COURT OF JUSTICE The
report by the experts Fernando Castillo and Elvira Pino ordered by the President of the Supreme Court of Justice indicates that the monitoring of the follow-up and verification performed regarding the analysis mechanism of the movement of the portfolio accounts of Filanbanco S.A., we conclude that in the determined time period, in real terms, said account decreased approximately 24 million dollars. Said decrease was occasioned by recuperating the portfolio, as was proven when analyzing the balance sheets of said financial institution. (Page 21, conclusion 7)
DOCUMENTS THAT PROVE THAT FILANBANCO DID NOT GRANT NEW TRANSACTIONS TO BUSINESSES LINKED TO THE ISAIAS GROUP DURING THE PERIOD IT RECEIVED LOANS FROM THE CBE
11. GENERAL LAW OF THE INSTITUTIONS OF THE FINANCIAL SYSTEM, ARTICLES 71, 72, 73, 74 AND
75. Corresponds to the legal antecedent of the linked transactions, the same which were permitted by this law, in the specific norms that regulated the granting of credit.
12. FORM 250-B NOVEMBER 30, 1998 TILL APRIL 30, 1999 This form was sent out monthly to the
Superintendent Intendent of Banks to inform the controlling authority on the matter of linked credit. It was mandatory for the report to list linked transactions, guarantees and amounts of the same in relation to the allowed legal limits at the time for theses type of credits. This document shows that privately held Filanbanco did not violate any existing laws and therefore never received any sanctions.
13. REPORT BY THE AUDITING FIRM OF PRICE WATERHOUSE & COOPERS, PROCEDURE FOR
REVIEW AGREED UPON WITH THE CENTRAL BANK OF ECUADOR APPLIED TO FILANBANCO S.A. ON FEBRUARY 1999 Report by the Price Waterhouse & Coopers Company demonstrates that Filanbanco never granted new loans to linked companies as it had been falsely accused of doing. Therefore, it is pertinent to confirm that no disbursements were made but, rather renewals of already existent linked transactions. (Page 13)
14. OFFICIATE 2000-443-GG FILANBANCO DATED DECEMBER 5, 2000 Officiate signed by the
Engineer, Antonio Bejarano, General Manager of Filanbanco, was sent to the Secretary of the Supreme Court of Justice summarizing the concept of credit transactions made by Filanbanco S.A. between September 22 and November 4, 1998, without a report on the increase of balance for linked transactions. (page 2 and 3, number 2)
15. REPORT ON CREDIT GRANTED TO FILANBANCO S.A. BY THE CENTRAL BANK OF ECUADOR
UNDER ARTICLES 24 AND 26 OF THE LAW OF MONETARY REGIME AND BANK OF THE STATE The auditing firm in its final report that it prepared for the private administration of Filanbanco S.A. does not reveal the granting of any credit transaction to a linked company.
16. EXPERT REPORT ORDERED BY THE PRESIDENT OF THE SUPREME COURT OF JUSTICE The report
by the experts Fernando Castillo and Elvira Pino ordered by the President of the Supreme Court indicates in the analysis of the movement of the Portfolio Account of Filanbanco S.A. that during the period analyzed said account decreased and there was no granting of credit to linked companies.
17. ARTICLE 73 MODIFIED BY LAW 99-26 On May 13, 1999, the law was modified and in an express
Manner financial institutions are prohibited from conducting transactions with natural or judicial persons linked directly or indirectly to the administration or the property of an institution, its subsidiaries or its controlling partnership. This occurred five months after the private shareholders of Filanbanco S.A. handed the bank over to the Government.
18. REPORT BY THE INDEPENDENT AUDITORS HANSEN-HOLM & Co. The opinion of the auditing
firm of Hansen-Holm, dated March 12, 1999, regarding the balance sheets dated December 31, 1997 and December 31, 1998 addressing TRANSACTIONS WITH RELATED PARTIES does not reveal an excessive amount of these types of credit nor were any fines paid for this type this of act. (Page 28, note 22)
19. FILANBANCO S.A RESTRUCTURING PROGRAM RESOLUTION 98.085 The restructuring program
established that within 30 days, the new administrators must present to the AGD a schedule for recuperating the portfolio linked to the former shareholders of Filanbanco S.A., in addition to other requisites. In the aforementioned Program these types of transactions are neither limited nor prohibited. (Page 1)
20. REPORT BY DANIEL CANIZARES GM FILANBANCO FOR THE BANKING BOARD FEBRUARY 8,
1999. Mentioned within the report is the compliance of that stipulated in Resolution JB-98085, dated December 2, 1998, related to the Restructuring Program. It proceeded to present the Board of the entity with a payment schedule for the linked credits of the former shareholders of Filanbanco. (Page 22, number XI)
21. MINUTES OF THE BOARD OF FILANBANCO S.A. DATED JANUARY 21, 1999 In these minutes,
the Board of Filanbanco, under Government administration, in compliance with that ordered in the Restructuring Program, approve the refinancing and payment plan of the linked credits with the former shareholders of Filanbanco. (Pages 4, 5, & 6)
VARIOUS INVESTMENTS / MULTINVERSIONES TRUST FUND
22. DAILY BALANCE OF FILANBANCO TRUST The balance sheets of Filanbanco Trust dated
September 14 and December 1, 1998, indicate that the account 13 Various Investments did not increase but, to the contrary it decreased.
23. EVOLUTION OF THE BALANCE OF INVESTMENTS OF FILANBANCO TRUST & BANKING CORP.
The table demonstrates the evolution of the Various Investments during the period between September 14 and December 2, 1998.
24. STATISTICAL SUMMARY TABLE OF INVESTMENTS This statistical investment table shows the
decrease of the item labeled account 13 Various Investments.
SILVER AND ENERCO TRUST FUNDS
25. RESOLUTION NO. SB-998-0774 On June 15, 1998, Resolution SB-98-0774 the Superintendent
of Banks approved the issuance of obligations that could be converted into shares and covered with general guarantees by Filanbanco S.A.
26. RESOLUTION SB-98-0800 On June 26, 1998, Resolution SB-98-0800 signed by Jose
Murillo, Superintendent of Banks, resolved to approve the reformation of the issuance of Filanbanco’s convertible obligations, which had been authorized by Resolution SB-98-0774 dated June 15, 1998.
27. TRUST FUND CONTRACTS
27.1 On June 30, 1998, a term portfolio sale contract was signed between Filanbanco S.A. and
Enerco Trust Fund “Document Recuperation”. Filanbanco offers a real sale and perpetual alienation of the commercial portfolio along with its corresponding personal and/or real guarantees that are listed in the attachments over to the Enerco Trust Fund, for an approximate value of 150,000,000,000 of Sucres.
27.2 On June 30, 1998, , a term portfolio sale contract was signed between Filanbanco S.A.
and the Silver Lace Trust Fund “Document Recuperation”. Filanbanco offers a real sale and perpetual alienation of the commercial portfolio along with its corresponding personal and/or real guarantees that are listed in the attachments over to the Silver Lace Trust Fund, for an approximate value of 150,000,000,000 of Sucres.
27.3 On June 30, 1998, a mutual agreement was signed between Filanbanco S.A. and Silver
Lace Trust Fund “Document Recuperation”, through which Filanbanco grants a loan of 150,000,000,000 Sucres for a term of five years at an annual re-adjustable interest rate equivalent to 1.10 times the basic rate of the CBE.
27.4 On June 30, 1998, , a mutual agreement was signed between Filanbanco S.A. and Enerco
Trust Fund “Document Recuperation”, through which Filanbanco grants a loan of 150,000,000,000 Sucres for a term of five years at an annual re-adjustable interest rate equivalent to 1.10 times the basic rate of the CBE.
PROOF THAT FILANBANCO WAS SOLVENT
29. REPORTS BY THE SUPERINTENDENT INTENDENT OF BANKS PRIOR TO THE GRANTING OF
THE LIQUIDITY LOANS The report SB-INBGF-98-0557, dated October 23, 1998, signed by the Superintendent of Banks, addressed to the President of the Board of the CBE refers to the Financial Situation of Filanbanco as being affected by the internal crisis, as well as, the international financial situation. (Page 1, 3 & 4)
, addressed to the General Manager of the CBE, reports on the financial situation of Filanbanco and its surplus of technical patrimony. (Page 2)
30. RESULTS OF THE FILANBANCO FINANCIAL GROUP TILL MARCH 1, 1999 Three months after
Filanbanco was handed over to the Government it had reported profits, that demonstrated a crisis situation of liquidity and not one of solvency.
REGARDING THE ALLEGED CRIME OF EMBEZZLEMENT
32. PROSECUTORIAL HEARING The General Prosecutor in its statement never presented
charges alleging the crime of embezzlement.
33. RULING OF THE FIRST CRIMINAL COURT OF ALTERNATE JUDGES, DATED JANUARY 15, 2010
The alternate judges never made any accusation of embezzlement.
WHY THE SEIZURES ARE CONFISCATIONS
34. REPORT OF AGREED UPON PROCEDURES PRACTICED UPON FILANBANCO S.A. AND
FILANBANCO TRUST, PREPARED BY THE AUDITING FIRM OF DELOITTE & TOUCHE, SENT TO THE GENERAL MANAGER OF FILANBANCO ON MAY 8, 2001. The report covers the application of the agreed upon procedures for the identification of adjustments that need to made to the assets, contingencies, provisions, interest approximations, social benefits and the determination of losses until December 2, 1998.
At number 4, the auditor points out, “Due to the scope…our job does not constitute an audit or a review of financial statements conducted in accordance with generally accepted norms of auditing and review, therefore, we are not able to express nor are we expressing an opinion or affirmation on the reasonableness of Filanbanco and Filanbanco Trust’s financial statements till that date or any other date.” (Page 5)
35. MEMORANDUM No. INSIF-2001-1464 On August 6, 2001, the National Intendent of
Supervision of Financial Institutions directs its statement regarding the report prepared by the firm of Deloitte & Touche on the determination of losses until December 2, 1998 to the Superintendent of Banks Miguel Davila. In his analysis it states that it does not contain objective results because of the difficulty of auditing figures on a balance sheet that was closed almost two years before the company’s audit began.
36. REPORT INJ-2008-0265 OF THE NATIONAL JURIDICAL INTENDENT OF THE
SUPERINTENDENT OF BANKS. This report is the starting point of the seizures. In the report, the Juridical Intendent of the Superintendent of Banks, Raquel Endara, Pedro Delgado’s sister in law , recommends to the President of the Banking Board to accept the Technical Report No. DNESL-2008-087, dated January 22, 2008, specifically as it refers to the conclusions and recommendations. She attaches the resolution project through which the Banking Board authorizes the Superintendent of Banks and Insurance to approve the report prepared by the firm of Deloitte & Touche. (Page 5)
37. PERTINENT PART OF THE MINUTES OF THE EXTRAORDINARY SESSION OF THE BANKING
BOARD. At the extraordinary session of the Banking Board held on February 26, 2008, Resolution JB-2008-1084 authorizes the Superintendent of Banks to approve the report presented by Deloitte & Touche. Present, as guests, at this session were, Rafael Correa Delgado, President of Ecuador and Pedro Delgado, among others.
38. RESOLUTION No. JB-2008-1084 DATED FEBRUARY 26, 2008. The Banking Board decides
Through Article 2 to authorize the Superintendent of Banks to approve the report presented by the firm of Deloitte & Touche on May 8, 2001, communicate in writing said approval to Filanbanco S.A., the AGD, and the AGD commercial trust, in order that they may prepare the corresponding accounting records. Article 3 orders the return of $107 million in contributions made to the AGD Trust Fund to be made within the next three days.
39. RECOURSE OF REPOSITION. On March 4, 2008, the attorneys for the Isaias brothers present
the Superintendent of Banks and Insurance with a recourse of reposition to make the Resolution of the Banking Board JB-2008-1084, dated February 26, 2008, null and void due to insufficient reason.
40. MINUTES OF THE ORDINARY SESSION OF THE AGD BOARD No. 150. On July 4, 2008, the
Board of the AGD names Carlos Bravo Macias, Esq., as general manager of the AGD and resolves to apply Article 29 of the Reordering Law on the subject of Economics in the Financial Tax Area. The Minister of Finance and the President of the Board of the AGD at the time, Fausto Ortiz, refused to sign the minutes to display their disagreement.
41. RESOLUTION No. AGD-UIO-GG-2008. Four days after he was named the General Manager
of the AGD, Carlos Bravo, utilizing the resolution, dated July 8, 2008, proceeds to order the seizure of more than 195 companies belonging to the Isaias Dassum brothers and others who had nothing to do with them.
42. HELPLESSNESS DUE TO CONTITUENT MANDATE No. 13. It was issued on July 9, 2008, by
the Constituent Assembly whose Article 1 ratifies the legal validity of the Resolution of the AGD taken on July 8, 2008 that ordered the seizure of the property of the former shareholders and former administrators of Filanbanco S.A. It is declared in Article 3 that the AGD’s resolution is not susceptible to any constitutional relief or of any other special nature and if any such relief is sought, it should not be heard and simply filed away without suspending or impeding the compliance of said Resolution, all of which prohibits a defense to the seizures.
43. OFFICIATE JB-2008-1511. Signed by the Secretary of the Banking Board and addressed to
the Liquidator of Filanbanco, expresses the resolution of the Banking Board during its session on August 27, 2008, through which they are authorizing the hiring of an external audit with international partners so that they may review the subsequent facts related to the recuperation of the portfolio stated in the Deloitte & Touche report. That firm was never hired.
THE DEFENSE WAS NOT HEARD
44. DATED JANUARY 8, 2009. Xavier Castro, defense attorney for the Isaias Dassum brothers
continuously attempted to address the Superintendent of Banks, Gloria Sabando, about his various concerns regarding his clients. He requested to be allowed to attend the various sessions she had held to issue resolutions that effect the interests of the Isaias without giving them the opportunity to present technical and legal arguments, a right extended to all citizens; the requests to be formally notified of the resolutions made by the Superintendent of Banks and the Banking Board relating to this case, which have not only been ignored but, they were even rejected. Finally, they demand that they be given the documents for evaluation and to make a decision about that resolved by the Banking Board concerning what the authority calls the debt of the former shareholders of Filanbanco.
45. OFFICIATE JB-2009-1140 DATED JULY 21, 2009. In this document, signed by Patricio Lovato,
Secretary of the Banking Board, it is communicated to the Liquidator of Filanbanco S.A., in liquidation, that during the session of the Banking Board held on July 16, 2009, it was resolved that the liquidation it was handling should prepare an update of the figures starting from the accounting balance of Filanbanco that appeared in the Deloitte & Touche report. Attached is the corresponding report.
46. OFFICIATE JB-2009-1390. On August 27, 2009, Patricio Lovato, Secretary of the
Banking Board, informs the Liquidator of Filanbanco S.A., in liquidation, that during the session of August 25, 2009, it was resolved that for the update of figures of the Deloitte & Touche report, only those accounts that originate from the portfolio should be reviewed, that is 14, 16 and their corresponding counterparts in the order of accounts (71) since it is not possible to update the information on the other accounts.
47. FLB-LIQ-GG-2009-1058. In this officiate, dated September 2, 2009, Filanbanco S.A.’s
Liquidator, in liquidation, addresses the President of the Banking Board to inform him about the summary of the report and the update by Deloitte & Touche, where 100% of the portfolio was arbitrarily included and the credits cited by the auditors were omitted.
48. OFFICIATE 0354-09. November 6, 2009, Pedro Delgado, advisor to the President of Ecuador,
addressed officiate 0354-09 to the Banking Board requiring that the Superintendent of Banks identify those responsible on behalf of Filanbanco for the noncompliance as it pertains to not having delivered the balance sheets properly signed for more than four years. (Page 1)
49. MEMORANDUM DNEL-2009-788. December 28, 2009, the National Director of Entities in
Liquidation, Fabricio Zambrano, sends the Banking Board a report that states 100% of the balances till that date of all the items listed in the Deloitte & Touche report.
50. MEMORANDUM DNEL-2009-803. December 31, 2009, the National Director of Entities in
Liquidation, Fabricio Zambrano, addressed the Banking Board with the scope of the report Filanbanco Memorandum DNEL-2009-788 that states the provisions considered by Deloitte & Touche in their report were not included.
51. THE DEFENSE OF THE ISAIAS BROTHERS DEMANDS THAT THEY BE NOTIFIED OF THE
FIGURES RESULTING FROM THE UPDATES. Through an officiate dated January 29, 2009, the defense attorneys of the Isaias brothers make a claim to PEDRO DELGADO, PRESIDENT OF THE TRUST FUND BOARD NFC-AGD; that they be officially notified of the resolution by the Banking Board regarding the final determination of the updated figures of the Deloitte & Touche report and to stress that they have not been heard by the authorities to explain their position, the valuation mechanism of the companies seized was still unknown and that under those circumstances the Government could not proceed to sell said companies.
52. DOCUMENT WRITTEN BY THE DEFENSE ATTORNEY OF THE ISAIAS BROTHERS, XAVIER
CASTRO. On March 17, 2010, before Judge XX of the Criminal Guarantees of Guayas, the defense attorney for the Isaias brothers requests cautionary measures in order to avoid the imminent and irreversible threat of the helplessness in the face of the closing of Filanbanco and the non-delivery of information.
53. GRANTING OF CAUTIONARY MEASURES. On March 19, 2010, Judge XX of Criminal
Guarantees immediately granted the said measures that were constitutional in nature as requested by Mr. Roberto Isaias, through his attorney.
54. FILANBANCO REFUSES TO DELIVER INFORMATION TO THE FORMER SHAREHOLDERS
On March 24, 2010, Filanbanco asks Judge XX of the Criminal Guarantees of Guayas to revoke the cautionary measures and rejected the order of admission issued by Court.
55. THE ATTORNEY GENERAL OF THE STATE INTERVENES TO IMPEDE THE DELIVERY OF
INFORMATION. March 24, 2010, the Attorney General of the State addresses Judge XX of the Criminal Guarantees of Guayas asking to revoke the cautionary measures granted in the order of March 19, 2010.
56. REVOCATION OF THE RULING IN WHICH THE REQUEST FOR THE CAUTIONARY
MEASURES WAS GRANTED IN FAVOR OF THE ISAIAS BROTHERS. The intervention of political power on the administration of justice was obvious on March 31, 2010. Judge XX who had granted the cautionary measures was replaced with another judicial employee, whose only purpose was to revoke the previous ruling and thereby deny the former shareholders of Filanbanco S.A. the delivery of information they were lawfully entitled to.
57. OFFICIATE MF-SCG-2010-0218. On March 29, 2010, the Secretary of Governmental
Accounting sent a notice to the Ministry of Finance that referred to the balance sheet of the AGD, dated December 31, 2009, that there were account ledger entries for the Isaias brothers in the amount of 477 million US dollars corresponding to capital and other accounts totaling 300 US million related to interest.
58. PEDRO DELGADO INTERVENES IN THE NOTIFICATION OF THE UPDATED FIGURES OF THE
DELOITTE & TOUCHE REPORT. On March 30, 2010, officiate MF-DM-CAGD-2010-1565, EFREN ROCA ALVAREZ, GENERAL COORDINATOR OF THE ADMINISTRATION UNIT OF ASSETS AND LAWS OF THE EX-AGD, OF THE MINISTR OF FINANCE, notified the Isaias’ attorney of the results of the report by the Sub-secretary of Governmental Accounting of the Ministry of Finance. It references that per instructions of the AGD an accounts receivable account has been created in the name of the former shareholders of Filanbanco through a registered accounting entry on the Balance Sheets of Filanbanco S.A. in Liquidation, dated December 31, 2009 in the amount of 477 million US dollars and 300 million US dollars in accounts listed as interest and capital.
59. THE BANKING BOARD NEVER APPROVED THE AMOUNTS IN THE ACCOUNTS OF THE
BALANCE SHEETS OF FILANBANCO S.A. IN LIQUIDATION AS IT SHOULD HAVE. On April 13, 2010, the attorney for the Isaias brothers, XAVIER CASTRO MUNOZ, asks the Banking Board that it certify whether the Banking Board approved the updated report by Deloitte & Touche and if so, they be given a certified and complete copy of the respective minutes. This never occurred.
60. THE DEFENSE OF THE ISAIAS BROTHERS CHALLENGES THE FIGURE. Through a communiqué
dated April 7, 2010, the attorneys for the Isaias brothers challenge the notification of the supposed figure attributed to them and they avail themselves to the Ministry of Finance to discuss with their technicians and lawyers the terms of this challenge with the goal of reaching a just, reasonable and definitive solution.
61. THE DEFENSE OF THE ISAIAS BROTHERS REQUESTS THAT DUE PROCESS BE RESPECTED.
Through a communiqué dated April 20, 2010, the defense for the Isaias brothers requests that the Banking Board proceed in conformity with that ordered in the constitutional laws of due process and that it acknowledge the liquidations regarding capital and interest that they have been notified of without any prior authorization and/or approval of the Banking Board. (Page 2)
OTHER DOCUMENTS OF INTEREST
62. REPORT IN SITU No. 001. Document prepared by employees of the Superintendent of
Banks dated November 26, 2002. This report denounces the existence of losses greater than 895 million US dollars, the result of mismanagement by the Governmental Administration of Filanbanco.
63. LEGAL DOCUMENTATION No. 6-2001. This document sent by the United States
Department of Justice addressed to the Ecuadorean Ministry of Foreign Relations in compliance with that requested by Ecuador’s President of the National Court of Justice, proves that the North American Banks did not receive transfers of money from Filanbanco Trust for accounts related to Roberto or William Isaias.
LEGAL ANALYSIS ON THE FILANBANCO CASE DECEMBER 2003
66. Dr. Blasco M.Penaherrera P.
68. Dr. Germanico Maya Rivadeneira
LEGAL ANALYSIS REGARDING THE CODIFICATION AND REFORMATION OF ARTICLE 257 OF THE PENAL CODE, GENERAL PROCEDURAL ASPECTS
71. Dr. Wladimiro Villalba Vega
