SANTO DOMINGO.- The Second Collegiate Court of the National District sentenced Rafael Olegario Helena Regalado, Ailec Paloma Soto Garabito and Judith Franchesca Aguasvivas Báez, after declaring them guilty of criminal association and use of false documents to fraudulently acquire the company Costa Dorada SA, linked to more than 6.3 million square meters of coastal land in Sabana Buey, Peravia province.
The decision establishes sentences of six, four and three years in prison, respectively, in addition to the joint and several payment of compensation of RD$100 million for damages caused to the affected companies.
The court, presided over by Judge Claribel Nivar Arias and composed of Magistrates Yissel Soto Peña and Clara Sobeida Castillo, concluded that the existence of a corporate structure different from the one originally registered, based on falsified documents, was demonstrated.
The acts were classified in accordance with articles 265, 266, 148 and 151 of the Dominican Penal Code, to the detriment of the companies Hilari Mayol, SAS; Mayol & Co., SRL; Grand Cays Corporation; and Okra Company LTD.
In addition to the prison sentences, the judges ordered the defendants and the company Global Multi Business Corporation to pay RD$100 million in civil compensation to the victims.
Court validates document forgery theory
During the reasoning behind the sentence, the court maintained that the document forgery and the irregular transformation of Costa Dorada SA into Costa Dorada SRL had been proven.
According to the decision, although the original company remained in a “passive role” within the corporate sphere, this condition did not imply a loss of rights over the real estate assets nor did it authorize actions by third parties on the company.
The court indicated that the original owners detected the situation when they went to the Chamber of Commerce, where they found that the company had been transformed into a corporate entity.
“What was determined is that the company had indeed been transformed into Costa Dorada SRL,” the judges stated during the reading of the document.
The ruling also questions the legitimacy of the corporate actions carried out and the powers granted to act on behalf of the company, taking into account that, according to the court, there was no valid authorization from the historical owners.
The process lasted for years
The legal case originated from actions initiated in 2013 by the Mayol and Serrano families, after detecting alleged maneuvers aimed at taking control of the company and the land linked to Costa Dorada.
According to the indictment filed during the trial, the fraudulent structure allegedly used hundreds of forged documents and irregular corporate operations to carry out the fraud.
Among the elements noted in the file is the use of the name of Luis Américo Minervino, who died in 2010, and who later appeared to be making transfers of shares years after his death.
According to the indictment, some of those shares ended up being acquired by the company Global MultiBusiness Corporation GMB C, SRL.
The Public Prosecutor's Office requested guarantees of legal certainty
During the closing arguments of the process, the Public Ministry, represented by Magaly Sánchez, coordinator of the Department of Investigation of Complex Cases of the National District Prosecutor's Office, asked the court to impose sanctions in accordance with the seriousness of the facts and to guarantee legal security and private investment.
Likewise, the private prosecution, represented by lawyer Jorge López Hilario on behalf of the Mayol and Serrano families, had requested 20-year prison sentences against Rafael Olegario Helena Regalado and Ailec Paloma Soto Garabito, and 10 years against Judith Franchesca Aguasvivas Báez.
The court has scheduled the full reading of the sentence for June 10th at 9:00 a.m.
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