Riggs Bank to pay millions to Pinochet victims: Press Releasefrom Spanish Legal Team

01 ဖေဖေါ်ဝါရီလ 2005
Article

The legal team responsible for the private and popular accusation against Pinochet and others before the National Court of Spain for genocide, terrorism, concealment of assets and money laundering.

TNI and the Pinochet precedent

See also:

Terence O'Hara Allbrittons, Riggs to Pay Victims Of Pinochet Settlement Ends Case in Spain Washington Post, 26 February 2005

Saul Hansell Riggs National Will Settle Spanish Suit Linked to Pinochet New York Times, 26 February 2005

Full text of legal documents available at www.clarin.cl


PRESS RELEASE FROM SPANISH LEGAL TEAM
Madrid, the 25th February, 2005
Ref.: Augusto Pinochet & Riggs Bank
Press Communiqué

From: The legal team responsible for the private and popular accusation against Pinochet and others before the National Court of Spain for genocide, terrorism, concealment of assets and money laundering.

Subject: Central Investigative Court nº 5 of Spain makes a provisional estimate of 1.445.530.116 euros of the damages caused through the acts of genocide, terrorism and torture of which Augusto Pinochet is indicted. Approved a contribution of eight million US $ (8.000.000) to a Pension Fund of aid to the victims.


In a Writ notified today the Court has approved an agreement signed in Washington DC between, on the one hand, Riggs National Corporation and Joseph L. and Robert L. Allbritton, and, on the other, the popular and particular prosecuting lawyers.

In this agreement the Riggs National Corporation

A) will deliver to the popular prosecution and private prosecution information concerning Pinochet's accounts with Riggs Bank;

  • the popular prosecution and private prosecution will take these materials under review in the ongoing judicial proceedings for the purpose of carrying out the current investigation of the concealment of assets committed by the indicted Augusto Pinochet, with the cooperation of his wife and the individuals and corporations taking part in that action;

B) the Riggs National Corporation (8) and Joseph L. and Robert L. Allbritton (1) will deliver to the Spanish Foundation President Allende nine million US$ (9.000.000 US$). This amount will allow the Spanish Foundation, after accounting for payment of expenses and court costs, to distribute in full the sum of eight million dollars (US $ 8,000,000) to the victims represented by the popular prosecution and private prosecution who were harmed by the concealment of assets committed by Augusto Pinochet with the aim of circumventing the attachment provided for in the Court Writ of October 19, 1998. In other words, to the individuals identified in Separate Proceedings number. 3 of Committal Proceedings 19/1997, originally Committal Proceedings 1/1998 by Central Investigative Court number Six, as victims of the crimes of genocide, terrorism and torture committed by Augusto Pinochet, some of whom have acted as private prosecution and the others having their interests defended through the popular prosecution exercised by the Spanish Foundation since the latter brought the original criminal claim on July 5, 1996 giving rise to that proceeding.

The Spanish Foundation

  1. hereby notifies victims of the crimes of genocide, terrorism and torture committed by Augusto Pinochet of its plan to create a Pension Fund with the initial amount of eight million US dollars (US $ 8,000,000). To that sum shall be added any further amounts that may be obtained in connection with assets fraudulently conveyed by Pinochet in Chile and other countries. The income generated by the Fund, and where appropriate principle, shall be distributed annually to the victims. The Fund will be managed by financial company of the highest order,
  2. will complete the tasks involved in notifying the beneficiaries or, where appropriate, their assigns, that, by virtue of the afore mentioned agreement, they are entitled to apply for the corresponding proportional amount of the income generated by the Fund;
  3. will appoint a commission of qualified experts to manage the applications for benefits, classifying those applications and assigning the corresponding proportions in the event of multiple claimants in each case. In addition, the commission shall classify the cases of those victims of Augusto Pinochet to whom the State of Chile does not provide any indemnity whatsoever.
  4. will distribution of the income generated by the Pension Fund in accordance with the percentages set out below:

A) 40% to the victims identified in these proceedings or, as the case may be, their heirs or assigns, who receive a pension from the State of Chile as indemnity for the crimes committed by Pinochet and who have applied for benefits from the Fund;

B) 60% to the remaining victims of the crimes for which Pinochet is indicted under Committal Proceedings 19/1997, Separate Proceeding number 3, duly classified, who do not receive any indemnity whatsoever from the State of Chile as aggrieved parties. The Foundation shall duly inform the Court of the creation of the Fund, the sums paid to each aggrieved person who applies for benefits and the amount of those sums.

The public and private prosecution have renounced the complaint and the criminal claim, waived the civil claim, and requested cancellation of all cautionary measures adopted in the Writ of September 16, 2004, exclusively in respect of Riggs National Corporation, Steven B. Pfeiffer, Carol Thompson, R. Ashley Lee, Fernando Baqueiro and Raymond Lund, on the one hand, and, on the other hand, Joseph L. Allbritton, Robert L. Allbritton and their immediate family members (including Barbara, the wife of the former).

The proceedings for concealment of assets and money laundering against the accused Augusto Pinochet, his wife and any other individuals who may have taken part in committing the offences, will continue.

The text of the February 25th 2005 Writ and more information are available on the CLARIN web page. E-mail: indemnizaciones_madrid@yahoo.es

On February 25, Riggs Bank agreed to pay $9 million into a fund for victims of Augusto Pinochet to settle a case over the bank's role in hiding the former dictator's ill-gotten gains.