SANTO DOMINGO – The legal proceedings investigating alleged multimillion-dollar fraud at the company Comercial Barra Payán could extend beyond the period already audited. This warning came from Yarissa de los Santos, the plaintiffs' lawyer, who explained that the forensic audit supporting the case only covers the years 2019 to 2022, leaving other periods open that have not yet been examined by independent experts.
As the lawyer explained in an interview with El Inmobiliario, the case came to her attention after a technical report had already been prepared by an independent auditor appointed in accordance with the procedures of the Dominican College of Certified Public Accountants. This report determined an embezzlement of RD$39.7 million during the administrative period in question. “The case reached me already with a forensic audit that established an embezzlement of 39.7 million pesos between 2019 and 2022,” De los Santos stated.
Preliminary research and potential new findings
The lawyer explained that, following the initial audit, investigative proceedings were initiated with the Public Prosecutor's Office to identify those potentially responsible. Based on these actions, the National District Prosecutor's Office requested arrest warrants for the company's de facto and de jure administrators, as well as for the financial manager, in order to bring the case to court.
However, De los Santos emphasized that the case is still in a preliminary phase. “What we have so far is preliminary; the formal investigative stage begins after the coercive measure is taken,” he noted, making it clear that the scope of the case is not yet closed and that the final conclusions will depend on the progress of the investigation.
In that context, the plaintiffs' legal team warned that there are subsequent periods that have not been audited, particularly between 2023 and 2025, in which further irregularities could be detected. "Those years have not been audited by an independent expert, so other amounts and other irregularities could be found," the lawyer stated, explaining that the investigation could be expanded as new evidence is incorporated.
Judicial debate and course of the process
De los Santos rejected the arguments of the defendants' legal counsel, who have attempted to portray the conflict as a matter of inheritance between siblings. He clarified that the case does not revolve around the division of assets, but rather around alleged mismanagement and the concealment of the destination of funds from a company that, he stated, has not distributed dividends to its shareholders for several years.
Currently, the case is awaiting a hearing to determine pretrial detention measures, which was postponed following a motion to recuse the judge originally assigned to the case. Meanwhile, the Public Prosecutor's Office is holding the defendants in pretrial detention while a decision is made regarding measures to guarantee their appearance during the legal proceedings.
According to the lawyer, it is a complex case that could drag on. “We are not yet debating guilt, but rather ensuring that the accused appear in court while the case is investigated and brought to trial,” she concluded.
Context: what is being investigated in the Barra Payán case
The legal case revolves around an alleged fraud exceeding RD$39.7 million within the company Comercial Barra Payán, the entity that operates the well-known establishments Barra Payán and Panadería Payán. According to the Public Prosecutor's investigation, the irregularities occurred primarily between 2019 and 2022 and are linked to the company's administrative management.
Those charged include Marcos Antonio Frías García, Juan Ismael Frías García, and Dagoberto Cabrera, the latter identified as the financial manager. Authorities maintain that the accused systematically embezzled funds by exploiting their positions as partners and administrators.
The accusation is based on a forensic audit that detected discrepancies between reported sales and deposits made into the company's accounts, as well as transfers to individuals without administrative roles. The Public Prosecutor's Office classifies the acts as breach of trust, pursuant to Article 408 of the Dominican Penal Code.
The process is in its initial judicial phase. Following the arrest warrants, the court must decide on the coercive measures that will guarantee the defendants' presence during the investigation, while affected family members and business partners are listed as plaintiffs in a case that could be expanded if further audits confirm additional irregularities.
El Inmobiliario attempted to contact defense attorney Francisco Dominguez Abreu, but so far no response has been received.
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