The hearing is scheduled for today, Tuesday, January 9, 2024, at 9:00 AM in the Ciudad Nueva courthouse.
SANTO DOMINGO.- Jean Cristofer Pérez, the lawyer representing 10 of the victims of the real estate scam for which the Public Prosecutor's Office arrested 7 people, believes there is sufficient evidence for the preventive detention of those involved to be ordered this Tuesday, whose accusatory file contains more than 400 pages.
“It is expected that tomorrow, Tuesday (today), the coercive measure against those involved in the case, called by the Public Prosecutor's Office “Operation Nest”, will be announced, and as a private party we understand that there are sufficient legal reasons for the application of the most serious measure contained in the Criminal Procedure Code, which consists of preventive detention,” the legal professional told El Inmobiliario .
He believes that, taking into account the large number of people affected, the seriousness of the events, and the uncertainty of the whereabouts of the funds invested by the victims, "I am sure that the court will accept the request to declare the case complex, presented by the Public Prosecutor's Office, in order to grant the extension of the precautionary measures, and to be able to carry out a more in-depth investigation," he says.
Pérez agrees with the argument made yesterday, Monday, for El Inmobiliarioby the real estate law specialist, Reyna Echenique, that there are people who, taking advantage of the flexibility of the penalty provided by the current penal code for fraud offenses, which would be from 6 months to 2 years in prison, commit the crime to circumvent the justice system and enrich themselves at the expense of those affected.
When asked if the victims would have a chance of recovering their money, the lawyer says that “since it is a public order case brought by a private party, the parties will have the right to reach agreements at any stage of the process, although he specifies that this would cause the plaintiffs to lose interest, and would weaken the prosecution of the criminal action by the Public Ministry.
Consulting
Pérez suggests that people interested in buying real estate projects off-plan should seek legal advice when signing a contract, and also recommends buying under the legal structure of a trust, as a tool created to guarantee the client's investment and strengthen the legal security of the real estate business.
He explains that upon receiving the first client with the situation against Indisarq and its owner, he immediately realized that it was a real estate fraud scheme, which is why he made the case public, to prevent more people from innocently falling into the hands of the scam network.
He adds that he has received multiple complaints from other construction companies with the same modus operandi, committing fraud by promoting fictitious real estate projects from all over the country, and that he will investigate them and bring them to justice in due course.
Hearing at 9:00 AM.
The Judicial Office of Permanent Attention Services of the National District postponed until today, Tuesday, January 9, at 9:00 a.m., the hearing on the request for coercive measures against the seven defendants in Operation Nido, in order to process 30 new cases that were added to the process on Saturday.
“The judge is giving the 30 new plaintiffs the opportunity to have their new complaints served on the defense. Therefore, on Tuesday the 9th, we will be appearing so that the judge can hear all parties and we will hold the hearing for the coercive measure,” explained prosecutor Andrés Mena to the press.
