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Case 1:11-mc-22926-JEM Document 1-5 Entered on FLSD Docket 08/14/2011 Page 1 of 9

"2010 - A~O DEL BICENTENARIO DE LA REVOLUCIÓN DE MAYO~

Ministerio de Relaciones Exteriores,

Comercio Intemacional y Cuito

File N° 3209/2010

Note N°: n.A 7..5
Letter: DIAJU; ZCRJA

Buenos Aires,

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Office of International Affairs - Criminal
Uni ted States Department of Justice
1301 New York Avenue. NW
Washington DC 20005
TeL. (1-202) 616-0546

Fax: 514-0080S / D

Division

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I am pleased to write you in regards to the file
"ELAZAR, RAFAEL.... S/ DEFRAUDACION POR ADMINISTRACION
FRAUDULENTA" (53.947/08), in procedure before the National
Pretrial Corurt in Criminal Matters Nro. 5, from the City of
Buenos Aires.

petition
obtain
American
(Nassau,

In relation to the file, you will find attached a
for assistance, issued by the Court in order to
your cooperation, as established by the "Inter-
Convention on Mutual Assistance in Criminal Matters
May 23rd, 1992)".

It is relevant to say, that the petition has been
issued according to art. 26 of the named Convention, and it
is sent directly to you, since this Office in the Central
Authority appointed by the Argentine Republ', ording to
its art. 3.

t'-34S3

Best regards.

Att. 10 pgs.
ros

11111111111111111111111111~I11~I1111~I11111111 III

Generado par DIAJUGES BNO: 1 0690/201 0

Case 1:11-mc-22926-JEM Document 1-5 Entered on FLSD Docket 08/14/2011 Page 2 of 9

TRADUCCION PÚBLlCA. TRANSLATION. ----------------------______

(At the top of all pages there appear the seal of the Court and

the signatures and seal of the Pre-trial Judge: Manuel de

Campos and the Clerk ad hoc Melina de Bairos Moura). ---------__

JUDICIAL POWER OF THE NATION. -----------------------___________

LETTERS ROGATORY. ----------------------------------_________________

MANUEL DE CAMPOS, in charge of National Pretrial Court in

Criminal Matters NO.5 of the Federal Capital of the Argentine

Republic, Clerks' Offce No. 116 in charge of Melina de Bairos

Moura, attorney at law. --------------------------------___________________

To the Judge having jurisdiction in the City of Miami, State of

Florida, United States of America. ---------------------________________

G R E ET IN GS: -----------------------------------___________________________

I hereby advise Your Honor that before this National Pre Trial

Court in Criminal Matters NO.5, under my charge, Clerks Offce

NO.116 where Melina de Bairos Moura, attorney at law, sits;

located at Talcahuano Street- Number 550, 6" Floor, Office
6007 of he City of Buenos Aires, Argentine Republic, it is

pending the case no. 53.947/08 entitled "ELAZAR, RAFAEL... S/

DEFRAUDACION POR ADMINISTRACION FRAUDULENTA"

(ELAZAR, RAFAEL. IN RE: FRAUD), in which I have jurisdiction
over the subject-matter of the case. In this proceedings, I order

the issuance of this Letters Rogatory in order to request to Your

Honor, through to whom it may concern, to let the responsible

'" BERTUCCI
;. PlLJC,,C.20

~TOix 1'43

Case 1:11-mc-22926-JEM Document 1-5 Entered on FLSD Docket 08/14/2011 Page 3 of 9

..

for "Mellon United National Bank" know, which has domicile at

number 1399 S. W. First Avenue, Miami, Florida 33130-4338,

that it should inform to this Court if Javier Enrique Pendzik

(holder of National Identity Document No.
Pendzik (holder of National Identity Document NO.

), Moises
)

and/or Amalia Kulkin (holder of identity document No.

3) were or are the holders of the accounts or

I investments in this entity from the year 1995. ------------------------
If so, the certified copies of the account statements and the
documentation used for the opening of the accounts and their

subsequent transactions should be submitted to this Court. ------

Likewise, the data of the authorized persons to perform relevant

transactions and the usual procedure to perform transfers and

withdrawals should be provided to this Court. -------~----------------

Finally, it is requested to inform to this Court if the document,
the certified copy of it is attached hereto, is genuine based on
the information therein contained and as compared to the

information kept in your records. --------------------------~-----------

The action was brought about by Javier Enrique Pendzik,

Moisés Pendzik and Amalia Kulkin, against RAFAEL ELAZAR ,

for fraud offense, set forth and punished by section 173,

subsection 7 of the Penal Code of the Nation. Likewise i let you

know that in this case Javier Penzik, Moisés Pendzik ànd

Amalia Kulkin are plaintiffs and Marcelo Ruilopez, attorney at

ClUD(Ti1i
iNiJ

Case 1:11-mc-22926-JEM Document 1-5 Entered on FLSD Docket 08/14/2011 Page 4 of 9

..

law, in charge of National Prosecutors Office in the Pre Trial

Court in Criminal Matters No. 18, is representing the Office of

th e Pu blic Prosecuto r. ------------------------------______________________

As legal precaution, the rule applicable to the Penal Code of the

Nation is tran scribed: ----------------------------------__________________

"Section 172: The person that deceives other under a false

name, false condition, false positions, false influence, abuse of i

confidence or pretending to have property, credit, commission,

business or transaction or by means of any misleading action or

deceit shall be punished with imprisonment from one month to

six years. Section 173:...Notwithstanding the general provision

of the aforementionëd section, special cases of fraud shall be

considered and shalf undergo the punishment herein

established ... subsection 7) Any person that, according to law,

to authority or by a judicial act, had the management,

administraUon or custody of goods or pecuniary interests

belonging to others, with the intention of obtaining illegal profits

for himself/herself or for a third person or of causing damage,

breaching his duties, injured the interests trusted or improperly

bound to the owner thereof.. '~ -------~------------_____________________

In this case RAFAEL ELAZAR is accused of misapplying on his

own benefit the amount of US$167,141.19 (one hundred sixty

seven thousand one hundred and forty-one with nineteen cents

United States dollars), that Javier Enrique Pendzik, Moisés

J:~

c:;.

A M. BERTUCCI
P10P.. PúLiC
:3 'I~JS. 21
~ Miì~ 1" il ¡: 43

1

Case 1:11-mc-22926-JEM Document 1-5 Entered on FLSD Docket 08/14/2011 Page 5 of 9

Pendzik and Amalia Kulk:in had given him in order to invest it in

foreign institutions, in his capacity of responsible officer for the

firm "R Consulting", engaged in this business; thus causing

damage on the property that was entrusted to him by the named

persons. The relationship between the parties was started in
1995 and got stronger through the years where they met

frequently at Elazar's premises located

of this city and he rendered account of

the management, delivering statements which were supposedly

issued by such foreign institutions. The accused also provided

advice to his clients and as a consequence of this, in the year

2001, the injured party, decided to concentrate their

investments on "Newton Fund Managers Limited"; in 2004, they'

transferred the funds to the "Man lnvestments"(located in

Ireland) and "Mellon United National Bank (located in the
United States of America and for which ELAZAR was the

representative in Argentina); in this latter case, the investment
demanded the injured party to open an account since it was
performed through the subsidiary located in Ireland, "Mellon

Global Investments Limited"; finally, in 2007, they decided to

redefine the invested funds and the placement methodology and

they so informed to ELAZAR. In September 2008, the request

was completed regarding the funds invested in "Man
Investments", and therefore the invested funds were

ClUDlA
1RUCT'
INS
c:r.p.C.BA .

Case 1:11-mc-22926-JEM Document 1-5 Entered on FLSD Docket 08/14/2011 Page 6 of 9

..

concentrated on "Mellon United Bank" and its subsidiary,

"Mellon Global Investments". By mid 2008 ELAZAR informed the

injured party that due to the global financial crisis, there were

several problems he was devoted to solve in order to allow the

pending funds to be reimbursed; however from that moment

onwards his evasive answers were repeated; this raised a

suspicion on the plaintiffs regarding the regular management of
the accused and caused them to demand him to render
accounts by means of certified letter, electronic mail and

personally, in spite of which he did not answer. Therefore, they

started some research and found out that since 2004, there

were no records of any funds, accounts or transfers in their

names in "Mellon Global Funds". They established that there is

a record of the transfer of the funds of "Man Investments"

through the account "Mellon United Bank", but there were no

records of the deposits made directly by ELAZAR in "Mellon

Global Investments", and that he had only invested part of the

funds delivered by the injured party, misapplying in his own

benefit the fest of the amount resulting in a damage by U$S
167.141,19 (United States dollars one hundred and sixty-seven

thousand one hundred and forty one with nineteen cents). In

this same context, the authorities of "Mellon Bank..." let Javier

Pendzik know that the statement that the accused had provided

him was false, and that although the data provided in the head

A ii. BERTUCCI
¡: :lJ. PúLICA

'INS.20
AAT. T" IX P 43

Case 1:11-mc-22926-JEM Document 1-5 Entered on FLSD Docket 08/14/2011 Page 7 of 9

letter regarding the account bank ìNeíe tme, the breakdown of

movements were not which supposedly corresponded to 2006.

In short, that ELAZAR had made that document himself of had

someone else make it, and that he later hand it in to the injured

party in order to make them believe that he was managing their

fu nd s properly. -------------------------------------------------------------

As legal precaution, the pertinent part of ruling that orders the

I issuance of this letters rogatory is transcribed. £fA letters
i
Rogatory be issued to the judge having jurisdiction in the City

of Miami, State of Florida, United States of America in order to

request, through to whom it may concern, to let the responsible

for "Mellon United National Bank" know, having domicile at

number 1399 S w: First A venue, Miami, Florida 33130-4338,

that he should have to inform to this Court if Javier Enrique

Pendzik (holder of National

),
Moises Pendzik (holder of NaNonal Identity Document nro.

Identity Document nro.

) and/or Amalia Kulkin (holder of identity document

Nro

) were or are the holders of the accounts or

investments in this entity from the year 1995. If so, the certified

copies of the account statements and the documentation used

for the opening of the accounts and their subsequent

transactions should be submitted to this Court. Likewise, the

data of the authorized persons to perform relevant transactions

and the usual procedure to perform transfers and withdrawals --

C\.U''''' lO.:
miCTOR!
INlIS-11'l
c:r.!?C.iSA Ml'\1

Case 1:11-mc-22926-JEM Document 1-5 Entered on FLSD Docket 08/14/2011 Page 8 of 9

should be provided to this Court. Finally, it is requested to
inform to this Court if the document, the certified copy of which

is attached on page 193 is genuine, based on the information

therein contained and as compared to the information kept in

your records. To that purpose, a certified photocopy should be

attached hereto ff. __ ________________ __ ___________________ ____ _ __ _ _____ _ _ ____

GIVEN, SIGNED AND SEALED, at the court room where I sit, in

the city of Buenos Aires, on this tenth day of July of the year two I

thousand and ten --------------------------------------------------------- I

(There appear two ilegible signatures fDllowed by the I
expressions: Manuel de Campos-Pre Trial Judge and Melina de

Bairos Moura - Clerk ad-hoc).---------------------------______________

I HEREBY CERTIFY that the foregoing signature belongs to the

clerk of this Court, Melina de Sairos Moura, a~torney at law, in
charge of Clerk's Office No. 116 of this Court, and she has
signed and stamped her seal before me and it is the same she

always sets. Buenos Aires, on this tenth day of May of the year

two thousand and ten. -----------------------____________________________

(There follows an illegible signature and the expression: Manuel

de Campos-Pre Trial Judge). ----------------___________________________

- - - - - -- - - - -- - - - - - -- - - - - - - -- - - -- -- - --- - --- -- -- ---- - - - - -- -- - - - - --- - - - -- - - - - - - - - - --

There follows a Statement of Account written in English

I a n g u age. ------- ----------------------- ---------------_______oc______________

-- - - - - - - - - -- - - - -- - - - - -- - - -- - - - -- - - - - - - -- - - - -- --- - - - --- - - - - - --- - - - - - - - - - - - - - - - - - - l

!
i. )c. io.-
"ê ,PÚUCA
:,1"IX.""

..

Case 1:11-mc-22926-JEM Document 1-5 Entered on FLSD Docket 08/14/2011 Page 9 of 9

1\ 11\\1 \\Ill \1\11 UIlI llll\ IllI\ \1\\\ "ILL \111\ \\i\iim! \lll

23284 53888 '
27/05/2010

--- -

--

-----

-le,.,

JUDICIAL POWER OF THE NATION. ----------------------------------

National Court of Appeals in Criminal and Correctional Matters:

Mr. MARIO FILOZOF, attorney at law, President of the Court of
Appeals in Criminal and Correctional Matters of the Federal
Capital of the Argentine Republic, hereby certifies that: Mr.

Manuel de Campos, attorney at law, holds the office of Regular

Judge in charge of the National Pre Examination Court in

I Criminal Matters NO.5, and that the foregoing signature belongs

to him and it is the same of that appearing in the Register of

signatures of the Human Resources Clerks' Office of the Court. i

issue these presents on this twelfth day of the month of May of
the year two thousand and ten. There follows an illegible

signature and the expression MARIO FILOZOF. President. -------

- --- - - ---- ----------- ----------------- ------ -- - ------ ---------- -- ---- --- - -- - ---

I, DO HEREBY CERTIFY the foregoing to be a true and accurate

translation into English of the originai document, in Spanish

which I have had before me and which is hereunto annexed.
Buenos Aires, on this twenty-sixth day of the month of May of

~

the year two thousand and ten. ----------------------------------------

ES TRADUCCION FIEL del documento original en idioma

castellano al inglés que he tenido a la vista y al que me remito,

.en Buenos Aires a ios, 26"d, í",a"s del mes de;uyo de 2010. -, -------

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