Contestacion Demanda Multi Trade Cibc
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Case 3:09-cv-01909-FAB
Document 15
Filed 11/18/2009
Page 1 of 7
UNITED STATES DISTRICT COURT DISTRICT OF PUERTO RICO MULTITRADE FINANCIAL CORP. Plaintiff CIVIL NO. 09-1909 (FAB) v. CARACAS INTERNATIONAL BANKING CORPORATION Defendant
ANSWER TO COMPLAINT TO THE HONORABLE COURT: COMES NOW defendant, Caracas International Banking Corporation (hereinafter referred to as “CIBC”) and respectfully answers the captioned Complaint as follows: 1.
Paragraph 1 is admitted.
2.
Paragraph 2 is admitted.
3.
Paragraph 3 does not require a responsive pleading. Should one be required, it is denied.
4.
Paragraph 4 does not require a responsive pleading. Should one be required, it is denied.
5.
Paragraph 5 is denied for lack of information or belief.
6.
Paragraph 6 is denied as drafted. The referred bank account at CIBC was opened on July 29, 2008.
7.
Paragraph 7 is denied for lack of information or belief.
Case 3:09-cv-01909-FAB
Document 15
Filed 11/18/2009
Page 2 of 7
8.
Paragraph 8 is denied for lack of information or belief.
9.
Paragraph 9 is admitted.
10.
Paragraph 10 is denied as drafted.
11.
Paragraph 11 is admitted.
12.
Paragraph 12 is denied for lack of information or belief.
13.
Paragraph 13 is denied for lack of information or belief.
14.
Paragraph 14 is denied for lack of information or belief.
15.
Paragraph 15 is denied.
16.
Paragraph 16 is denied.
17.
Paragraph 17 is denied.
18.
Paragraph 18 is denied.
19.
Paragraph 19 is denied.
20.
Paragraph 20 is denied.
21.
Paragraph 21 is denied.
22.
Paragraph 22 is denied.
23.
Paragraph 23 is admitted.
24.
Paragraph 24 is admitted.
25.
Paragraph 25 is denied as drafted. The Seizure Warrant and all its related documentation speak for themselves.
26.
Paragraph 26 is denied as drafted.
27.
Paragraph 27 is denied for lack of information or belief.
28.
Paragraph 29 is admitted.
29.
Paragraph 30 is denied as drafted.
Case 3:09-cv-01909-FAB
Document 15
Filed 11/18/2009
−3− 30.
Paragraph 31 is denied as drafted.
31.
Paragraph 31 is denied as drafted.
32.
Paragraph 32 is denied as drafted.
33.
Paragraph 33 is denied.
34.
Paragraph 34 is denied as drafted.
35.
Paragraph 35 is denied.
36.
Paragraph 36 is denied.
37.
Paragraph 37 is denied for lack of information or belief.
38.
Paragraph 38 is denied for lack of information or belief.
39.
Paragraph 39 is denied for lack of information or belief.
40.
Paragraph 40 is denied.
41.
Paragraph 41 is denied.
42.
Paragraph 42 is denied.
43.
Paragraph 43 is admitted.
44.
Paragraph 44 is denied.
45.
Paragraph 45 is denied.
46.
Paragraph 46 is denied.
47.
Paragraph 47 is denied.
48.
Paragraph 48 is denied.
49.
Paragraph 49 is denied as drafted.
50.
Paragraph 50 is denied for lack of information or belief.
51.
Paragraph 51 is denied for lack of information or belief.
Page 3 of 7
Case 3:09-cv-01909-FAB
Document 15
Filed 11/18/2009
Page 4 of 7
−4− 52.
Paragraph 52 is denied for lack of information or belief.
53.
Paragraph 53 is denied for lack of information or belief.
54.
Paragraph 54 is denied.
55.
CIBC incorporates herein by reference all its responses to paragraphs 1 through 54 as if fully set forth herein.
56.
Paragraph 56 is denied as drafted.
57.
Paragraph 57 is denied as drafted.
58.
Paragraph 58 is denied.
59.
Paragraph 59 is denied.
60.
Paragraph 60 is denied.
61.
Paragraph 61 is denied.
62A. The first judgment demand stated on page 12 of the Complaint is denied. 62.
CIBC incorporates herein by reference all its responses to paragraphs 1 through 61 as if fully set forth herein.
63.
Paragraph 63 is denied as drafted.
64.
Paragraph 64 is denied.
65.
Paragraph 65 is denied.
66A. The second judgment demand stated on page 12 of the Complaint is denied. 66.
CIBC incorporates herein by reference all its responses to paragraphs 1 through 65 as if fully set forth herein.
67.
Paragraph 67 is denied as drafted.
68.
Paragraph 68 is denied as drafted.
Case 3:09-cv-01909-FAB
Document 15
Filed 11/18/2009
Page 5 of 7
−5− 69.
Paragraph 69 is denied.
70.
Paragraph 70 is denied.
71.
Paragraph 71 is denied.
72.
The judgment demand stated on page 13 of the Complaint is denied.
73A. The third judgment demand stated on page 13 of the Complaint is denied 73.
Plaintiff’s demand for jury trial does not require a responsive pleading.
74.
CIBC denies any and all allegations contained in the Complaint which may have not been specifically admitted or denied in the previous paragraphs.
AFFIRMATIVE DEFENSES 1.
Plaintiff Multitrade Financial Corporation (hereinafter referred to as “Multitrade”) fails to state a claim upon which relief may be granted under federal law.
2.
The allegations in the Complaint must be dismissed as a matter of law.
3.
All material facts related to the instant action are undisputed.
4.
On March 25, 2009, at 4:38 p.m., the United States District Court for the District of Puerto Rico issued a Seizure Warrant under Case No. 09-264 (M). This warrant was signed by Magistrate Judge Marcos E. López.
5.
The Seizure Warrant provided for the seizure of: ALL FUNDS OF BANK ACCOUNTS, LETTERS OF CREDIT, CERTIFICATE OF DEPOSITS, BONDS, SECURITIES AND ALL INCOMING AND OUTGOING WIRE TRANSFERS IN TRANSIT TO ANY “CASA DE BOLSAS” AND/OR “CASA DE CORRETAJE” AND/OR BANK ACCOUTN BELONGING TO OR IN THE CONTROL OF ANY ROSEMONT CORPORATION OR RAMA VYASULY IN CARACAS INTERNATIONAL BANKING CORPORATION AND ANY INTERNAL INTRANSIT WIRE TRANSFERS
Case 3:09-cv-01909-FAB
Document 15
Filed 11/18/2009
Page 6 of 7
−6− RELATED TO ABOVE MENTIONED INDIVIDUAL AND/OR CORPORATIONS TO AND FROM ANY “CASA DE BOLSAS” CONTROLLED OR MANAGED BY CARACAS INTERNATIONAL BANKING CORPORATION (CIBC) LOCATED AT 321 PONCE DE LEON AVENUE, SUITE 701, SAN JUAN, PUERTO RICO. 6.
Further, the Seizure Warrant stated: “This seizure warrant will authorize the seizure of any funds and any account and in transit wire transfers in the CARACAS INTERNATIONAL BANKING CORPOPRATION (CIBC) or in any Casa de Corretaje or Casa de Bolsas controlled or managed by CIBC, owned or controlled by the following corporations or dba’s: .... ..... d. Rosemont D Corporation and any DBA including but limited to MULTINVEST”.
7.
The referred Seizure Warrant was executed on Defendant CIBC on March 26, 2009. See, Statement of Uncontested Material Facts § 1.
8.
CIBC was legally required to fully comply with the Seizure Warrant.
9.
Plaintiff’s Multitrade’s funds and monies at CIBC were clearly within the scope of the Seizure Warrant.
10.
Multinvest Casa de Bolsa C.A. and Multitrade share the same Code of Ethics, policies and procedures.
11.
Multinvest Casa de Bolsa C.A.’s directors and executives are shareholders for Multitrade.
12.
Multinvest Casa de Bolsa C.A.’s directors and executives have authorized signatures in Multitrade’s account at CIBC.
13.
Many deposits made into Multitrade’s account at CIBC were made via fund transfers originating from Rosemont D Corporation DBA Multinvest Operations.
Case 3:09-cv-01909-FAB
Document 15
Filed 11/18/2009
Page 7 of 7
−7− 14.
Multitrade may only challenge the Seizure Warrant through the corresponding and appropriate action pursuant to Crim. Proc.R. 4118(g).
15.
CIBC may not provide Multitrade any relief for the seizure of its monies.
16.
On September 16, 2009, Multitrade filed action against the U.S. Government claiming it had been the victim of an unlawful seizure.
17.
Plaintiff has made intentional false and inflammatory allegations and mischaracterizations regarding CIBC.
18.
Pursuant to section 31 U.S.C. §5318(g) CIBC is immune from any and all liability for the disclosure of information regarding Multitrade and Multinvest and the delivery funds all in accordance with the Seizure Warrant. RESPECTFULLY SUBMITTED. CERTIFICATE OF SERVICE: I hereby certify that copy of this motion has been
electronically filed on this date with the Clerk of the Court using the CM/ECF system, which will send notification to Sonia Torres-Pabón, Esq., McConnel Valdés, LLC. In San Juan, Puerto Rico this 18th day of November, 2009.
s/ Harry Anduze Montaño Harry Anduze Montaño - 114910 Attorney for Defendant 1454 Fernández Juncos Avenue San Juan, Puerto Rico 00909 Tel. (787) 723-7171 Fax. (787) 723-7278 E-mail: [email protected] srp F/HAM/Multitrade/Answer to Complaint.doc
Document 15
Filed 11/18/2009
Page 1 of 7
UNITED STATES DISTRICT COURT DISTRICT OF PUERTO RICO MULTITRADE FINANCIAL CORP. Plaintiff CIVIL NO. 09-1909 (FAB) v. CARACAS INTERNATIONAL BANKING CORPORATION Defendant
ANSWER TO COMPLAINT TO THE HONORABLE COURT: COMES NOW defendant, Caracas International Banking Corporation (hereinafter referred to as “CIBC”) and respectfully answers the captioned Complaint as follows: 1.
Paragraph 1 is admitted.
2.
Paragraph 2 is admitted.
3.
Paragraph 3 does not require a responsive pleading. Should one be required, it is denied.
4.
Paragraph 4 does not require a responsive pleading. Should one be required, it is denied.
5.
Paragraph 5 is denied for lack of information or belief.
6.
Paragraph 6 is denied as drafted. The referred bank account at CIBC was opened on July 29, 2008.
7.
Paragraph 7 is denied for lack of information or belief.
Case 3:09-cv-01909-FAB
Document 15
Filed 11/18/2009
Page 2 of 7
8.
Paragraph 8 is denied for lack of information or belief.
9.
Paragraph 9 is admitted.
10.
Paragraph 10 is denied as drafted.
11.
Paragraph 11 is admitted.
12.
Paragraph 12 is denied for lack of information or belief.
13.
Paragraph 13 is denied for lack of information or belief.
14.
Paragraph 14 is denied for lack of information or belief.
15.
Paragraph 15 is denied.
16.
Paragraph 16 is denied.
17.
Paragraph 17 is denied.
18.
Paragraph 18 is denied.
19.
Paragraph 19 is denied.
20.
Paragraph 20 is denied.
21.
Paragraph 21 is denied.
22.
Paragraph 22 is denied.
23.
Paragraph 23 is admitted.
24.
Paragraph 24 is admitted.
25.
Paragraph 25 is denied as drafted. The Seizure Warrant and all its related documentation speak for themselves.
26.
Paragraph 26 is denied as drafted.
27.
Paragraph 27 is denied for lack of information or belief.
28.
Paragraph 29 is admitted.
29.
Paragraph 30 is denied as drafted.
Case 3:09-cv-01909-FAB
Document 15
Filed 11/18/2009
−3− 30.
Paragraph 31 is denied as drafted.
31.
Paragraph 31 is denied as drafted.
32.
Paragraph 32 is denied as drafted.
33.
Paragraph 33 is denied.
34.
Paragraph 34 is denied as drafted.
35.
Paragraph 35 is denied.
36.
Paragraph 36 is denied.
37.
Paragraph 37 is denied for lack of information or belief.
38.
Paragraph 38 is denied for lack of information or belief.
39.
Paragraph 39 is denied for lack of information or belief.
40.
Paragraph 40 is denied.
41.
Paragraph 41 is denied.
42.
Paragraph 42 is denied.
43.
Paragraph 43 is admitted.
44.
Paragraph 44 is denied.
45.
Paragraph 45 is denied.
46.
Paragraph 46 is denied.
47.
Paragraph 47 is denied.
48.
Paragraph 48 is denied.
49.
Paragraph 49 is denied as drafted.
50.
Paragraph 50 is denied for lack of information or belief.
51.
Paragraph 51 is denied for lack of information or belief.
Page 3 of 7
Case 3:09-cv-01909-FAB
Document 15
Filed 11/18/2009
Page 4 of 7
−4− 52.
Paragraph 52 is denied for lack of information or belief.
53.
Paragraph 53 is denied for lack of information or belief.
54.
Paragraph 54 is denied.
55.
CIBC incorporates herein by reference all its responses to paragraphs 1 through 54 as if fully set forth herein.
56.
Paragraph 56 is denied as drafted.
57.
Paragraph 57 is denied as drafted.
58.
Paragraph 58 is denied.
59.
Paragraph 59 is denied.
60.
Paragraph 60 is denied.
61.
Paragraph 61 is denied.
62A. The first judgment demand stated on page 12 of the Complaint is denied. 62.
CIBC incorporates herein by reference all its responses to paragraphs 1 through 61 as if fully set forth herein.
63.
Paragraph 63 is denied as drafted.
64.
Paragraph 64 is denied.
65.
Paragraph 65 is denied.
66A. The second judgment demand stated on page 12 of the Complaint is denied. 66.
CIBC incorporates herein by reference all its responses to paragraphs 1 through 65 as if fully set forth herein.
67.
Paragraph 67 is denied as drafted.
68.
Paragraph 68 is denied as drafted.
Case 3:09-cv-01909-FAB
Document 15
Filed 11/18/2009
Page 5 of 7
−5− 69.
Paragraph 69 is denied.
70.
Paragraph 70 is denied.
71.
Paragraph 71 is denied.
72.
The judgment demand stated on page 13 of the Complaint is denied.
73A. The third judgment demand stated on page 13 of the Complaint is denied 73.
Plaintiff’s demand for jury trial does not require a responsive pleading.
74.
CIBC denies any and all allegations contained in the Complaint which may have not been specifically admitted or denied in the previous paragraphs.
AFFIRMATIVE DEFENSES 1.
Plaintiff Multitrade Financial Corporation (hereinafter referred to as “Multitrade”) fails to state a claim upon which relief may be granted under federal law.
2.
The allegations in the Complaint must be dismissed as a matter of law.
3.
All material facts related to the instant action are undisputed.
4.
On March 25, 2009, at 4:38 p.m., the United States District Court for the District of Puerto Rico issued a Seizure Warrant under Case No. 09-264 (M). This warrant was signed by Magistrate Judge Marcos E. López.
5.
The Seizure Warrant provided for the seizure of: ALL FUNDS OF BANK ACCOUNTS, LETTERS OF CREDIT, CERTIFICATE OF DEPOSITS, BONDS, SECURITIES AND ALL INCOMING AND OUTGOING WIRE TRANSFERS IN TRANSIT TO ANY “CASA DE BOLSAS” AND/OR “CASA DE CORRETAJE” AND/OR BANK ACCOUTN BELONGING TO OR IN THE CONTROL OF ANY ROSEMONT CORPORATION OR RAMA VYASULY IN CARACAS INTERNATIONAL BANKING CORPORATION AND ANY INTERNAL INTRANSIT WIRE TRANSFERS
Case 3:09-cv-01909-FAB
Document 15
Filed 11/18/2009
Page 6 of 7
−6− RELATED TO ABOVE MENTIONED INDIVIDUAL AND/OR CORPORATIONS TO AND FROM ANY “CASA DE BOLSAS” CONTROLLED OR MANAGED BY CARACAS INTERNATIONAL BANKING CORPORATION (CIBC) LOCATED AT 321 PONCE DE LEON AVENUE, SUITE 701, SAN JUAN, PUERTO RICO. 6.
Further, the Seizure Warrant stated: “This seizure warrant will authorize the seizure of any funds and any account and in transit wire transfers in the CARACAS INTERNATIONAL BANKING CORPOPRATION (CIBC) or in any Casa de Corretaje or Casa de Bolsas controlled or managed by CIBC, owned or controlled by the following corporations or dba’s: .... ..... d. Rosemont D Corporation and any DBA including but limited to MULTINVEST”.
7.
The referred Seizure Warrant was executed on Defendant CIBC on March 26, 2009. See, Statement of Uncontested Material Facts § 1.
8.
CIBC was legally required to fully comply with the Seizure Warrant.
9.
Plaintiff’s Multitrade’s funds and monies at CIBC were clearly within the scope of the Seizure Warrant.
10.
Multinvest Casa de Bolsa C.A. and Multitrade share the same Code of Ethics, policies and procedures.
11.
Multinvest Casa de Bolsa C.A.’s directors and executives are shareholders for Multitrade.
12.
Multinvest Casa de Bolsa C.A.’s directors and executives have authorized signatures in Multitrade’s account at CIBC.
13.
Many deposits made into Multitrade’s account at CIBC were made via fund transfers originating from Rosemont D Corporation DBA Multinvest Operations.
Case 3:09-cv-01909-FAB
Document 15
Filed 11/18/2009
Page 7 of 7
−7− 14.
Multitrade may only challenge the Seizure Warrant through the corresponding and appropriate action pursuant to Crim. Proc.R. 4118(g).
15.
CIBC may not provide Multitrade any relief for the seizure of its monies.
16.
On September 16, 2009, Multitrade filed action against the U.S. Government claiming it had been the victim of an unlawful seizure.
17.
Plaintiff has made intentional false and inflammatory allegations and mischaracterizations regarding CIBC.
18.
Pursuant to section 31 U.S.C. §5318(g) CIBC is immune from any and all liability for the disclosure of information regarding Multitrade and Multinvest and the delivery funds all in accordance with the Seizure Warrant. RESPECTFULLY SUBMITTED. CERTIFICATE OF SERVICE: I hereby certify that copy of this motion has been
electronically filed on this date with the Clerk of the Court using the CM/ECF system, which will send notification to Sonia Torres-Pabón, Esq., McConnel Valdés, LLC. In San Juan, Puerto Rico this 18th day of November, 2009.
s/ Harry Anduze Montaño Harry Anduze Montaño - 114910 Attorney for Defendant 1454 Fernández Juncos Avenue San Juan, Puerto Rico 00909 Tel. (787) 723-7171 Fax. (787) 723-7278 E-mail: [email protected] srp F/HAM/Multitrade/Answer to Complaint.doc
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