Report to the Attorney General Country of Panama
THE Estate of WILSON C. LUCOM Legal Abuse in Panama Civil and Criminal
The Report clearly shows not only a gross abuse of Panama’s civil law system which has resulted in the complete inability to administer Lucom’s Estate for 20 months. It will show a systematic use of the criminal legal system to resolve civil cases by the threats, terror and personal and financial ruin of the opponent. It will show a legal system where one lawyer with impunity can file more than 13 fraudulent criminal allegations against Lehman in one year accusing him of crimes he never committed; the issuance of two illegal arrest warrants against Lehman in Panama and the issuance of two illegal indictments against Lehman. All of this as a result of the corruption of at least one and possibly two Panamanian Prosecutors.
Download this UPDATED 33 page report.
The following documents provides a history of a portion of the Lucom case in Florida whereby Richard Lehman, in spite of his appointment as Executor in Panama, was found to have spent funds incorrectly when he paid funds from an Lucom Estate account to third parties to defend the Will of Wilson C. Lucom in Florida and Panama and other places.
This finding was based principally upon what the Florida Judge called “irrefutable evidence” that Richard Lehman was never properly appointed Executor of the Lucom Estate in Panama. Therefore he had abused The Florida Court by claiming the right to be an Executor in Florida that was based upon his Panama position.
Within months after the decision in Florida was arrived at, several Panama rulings were issued by the Panama Appellate Court that proved under Panama law that Lehman was appointed the Executor of the Lucom Estate since July 5, 2006 and had continued to remain the Executor through the present time. These rulings declared the Panama court ruling against Lehman (Order No. 952), that was considered to be “irrefutable evidence” of Lehman’s wrong doing) was illegal and unconstitutional.
Lehman has appealed the Florida judgment and will shortly be requesting a new trial based upon the new Panama court rulings. The following is a summary of Panamanian legal abuse of Lehman as Executor and the Panamanian cases involving the illegal and unconstitutional Panamanian Order that was the basis for the Florida judgment and stopped Lehman from acting as the Executor in Panama for four years.
Documents:
1. SUMMARY OF UNCONSTITUTIONAL RULINGS - download pdf
3. Panama Court Documents with Explanation - download pdf
To The Honorable Members Of The
Inter-American Commission On Human Rights,
Organization Of American States:
Petition Alleging Violations Of The Human Rights Of Richard S. Lehman By The Republic Of Panama, With A Request For An Investigation And Hearing On The Merits And Request For Precautionary Measures Under Article 25.1 Of The Commission's Regulations
"Starting almost immediately after his appointment as executor and continuing to this day, Mr. Lehman has been subject to a series of false criminal indictments and false arrest warrants, issued without any investigation, that have impeded his ability to travel freely to Panama to perform his duties as executor of Mr. Lucom's will. The tide of ongoing corruption of the criminal justice system has been so broad and sweeping, that even when the false allegations have been exposed in a court of law as baseless and were dismissed, the abuse against Mr. Lehman continues unabated. Indeed, Mr. Lehman was subjected to arbitrary and illegal arrest after courts in Panama ruled that the arrest warrants were illegal and should be nullified. Competent authorities in Panama have been notified of this ongoing abuse ofits criminal justice system but have failed to respond or take action.
Based on the foregoing account, Petitioner respectfully requests the Commission to grant precautionary measures; declare this petition to be admissible; mediate a settlement and, if no settlement can be reached, investigate the situation, with hearings and witnesses as necessary; declare Panama in violation of Mr. Lehman's human rights; and recommend appropriate remedies, including compensation."
Appeal for Protection of Constitutional Guarantees filed by Richard Sam Lehman on the Order to Do Issued by the Second Superior Court of Justice for the First Judicial District of Panama in Appellate Order No. 59, dated February 27, 2009. This is a Motion to the Panama Supreme Court showing the violations of rights by the Panama Superior Court that ordered the shut down of the website lucom-ninospobresdepanama.com. Download this document in English
Petition Alleging Violations of the Human Rights of Richard S. Lehman by the Republic of Panama, with a Request for an Investigation and Hearing on the Merits - Supplement.Download this in English
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Attorney Richard Lehman Sues Panama for Human Rights Abuses in $50 Million Food Aid Case
March 10, 2009 -
BOCA RATON, Fla. - Richard Lehman, a Florida attorney who was falsely charged with murder and over a dozen other crimes in Panama for his efforts to defend a $50 million food aid donation, recently filed a human rights lawsuit against the country with the Inter-American Commission on Human Rights (Organization of American States).
“Panama continues to foster an atmosphere of corruption in the legal system which has caused it to be in violation of several human rights treaties,” said Lehman, a tax attorney and executor of the estate of Wilson Lucom, an American expatriate who died in Panama in 2006. “Not only have my human rights been violated, but the largest private donation ever made in Panama’s history is now at risk of vanishing completely.”
Lehman has spent the last two and a half years – and over $2 million of his own money – defending Lucom’s legally sanctioned will in Panama, which gave a $50 million donation to prevent childhood malnutrition. Since 2006, this money has been blocked by an influential family (which produced two former presidents), and corrupt government actions.
As executor of the estate, Lehman has been the target of numerous illegal actions because he is the last remaining obstacle to the family’s claim on the entire Lucom fortune. These include:
Falsely arrested without charges on Feb. 6th and held under armed guard for 15 hours in an airport police detention center. (This arrest ignored the Panama Supreme Court’s weeks-old ruling that cleared Lehman of all charges in the case.)
Falsely charged with murder, extortion and 12 other crimes.
Five illegal arrest warrants issued against him.
Illegally listed on Interpol’s “Red Notice Alert” using expired legal documents issued from a private law firm.
Blocked from re-entering Panama to defend the case for over a year and a half.
A new national charity (Fundacion de Apoyo a Los Ninos Pobres de Panama) has been established to distribute Lucom’s donation – if it is released by the courts. The money is badly needed in Panama. According to UNICEF, it's one of two Central American countries to experience a rise in childhood malnutrition. One in five children is affected, and hundreds die each year.
The Lucom case has been an education in corruption in Panama. However, all of the following will show great progress has been made:
1. The Supreme Court Ruling of October 8th, 2008. (Attached Exhibit 1)
On October 8, 2008, in a ruling released in November, the Panamanian Supreme Court ruled that an arrest warrant issued against me in Panama was illegal and unconstitutional and that there was no proof of any underlying crime. This ruling dismissed a criminal charge brought against me by Hector Infante, Hilda Lucom's lawyer, personally. It was a false allegation that I "extorted" Mr. Infante.
The Supreme Court ruling was the last in a series of three Panama Court opinions that overturned14 false criminal charges brought against me by the Arias Family and two false unconstitutional arrest warrants brought against me by the Arias Family. Even though the Supreme Court opinion dealt only with the extortion case, the Supreme Court ruling made several important findings relevant to Lucom's Will that are very positive and indicate their belief that the Will is valid.
2. The Request for Investigation by the National Transparency Council against Corruption Dated November 25, 2008. (Attached Exhibit 2)
My recent Report to the Attorney General of Panama that was distributed to her in April of 2008 on the Website devoted to this case:, has resulted in two unique consequences. On November 25th the National Transparency Council against Corruption, a special Presidential Commission established to root out corruption in Panama, requested that the Panama Supreme Court open an investigation of the corrupt legal abuse against me by the Arias Family in this case.On December 2nd of this year, the Panama Supreme Court opened such an investigation and has requested that all of the files in this case be transferred to the Panama Supreme Court for its review. All of the tactics and ramifications of this case will now be reviewed by an independent body that is making its decision in the presence of the whole country.
3. The Official Formation and Filing of Red De Apoyo A Los Ninos Pobres de Panama.
(Attached Exhibit 3)
In December of 2008, the Articles of Red De Apoyo A Los Ninos Pobres de Panama were officially filed in Panama. This is a new Panamanian charitable foundation that will be a "United Fund" of all of Panama's charities that apply and qualify for the benefits of Lucom's Will. This Foundation is open to all of Panama's charities and we have already started signing up charitable participants from all over Panama. I have given my written pledge, as the Executor, that after paying bequests to the beneficiaries and all Estate expenses I will vote to contribute Lucom's charitable funds to this new charity.
The new charity has received the support of six very prominent founding members and will be open to all charities that qualify to benefit from Lucom's gift. This is a major victory and not only proves that I have no designs on Lucom's fortune but now most of the important well meaning people in Panama will act as the spokespeople for the children. It forever puts to rest the claim by the Arias Family that my purpose was to steal Lucom's fortune. The new group of spokespeople will strive hard to help end the unnecessary starvation of Panama's children. We are actively recruiting as many charities to participate as possible and intend to have charities from all over the country involved very shortly.There finally is a Panamanian voice who can cry out against the abuse by the Arias family of Panama's children. The contest no longer involves me personally. It is now between Hector Infante and the Arias family against the charities and the people of Panama.
Even with the validation of Lucom's Will, I still expect delaying tactics by the Arias Family in Panama. However, now the Country of Panama at many levels of its society knows that the delaying tactics are resulting in the unnecessary deaths of Panamanian children from malnutrition. Therefore, we are prepared to deal with future delays once the Supreme Court has ruled.
The Theft of the Assets
While I was busy overturning multiple false criminal charges in Panama against me, two attempts were made to steal all of the Estate assets.
A. Theft of Hacienda Santa Mónica. Hacienda Santa Mónica, a 7,000 acre plot of land in Panama on the Pacific Ocean, is the main asset of the Estate. The land has been appraised at $62 million as the minimum value. The professional appraisal of the land by the court-appointed Administrator was $144.0 million. Hacienda Santa Mónica has been stripped of its value over the last two years through criminal and fraudulent real estate agreements.
Furthermore, in the absence of administration on the ranch, crops have disappeared, illegal leases have been signed, bank accounts have been pillaged, etc.Key to Hacienda Santa Mónica's value is that the entire Hacienda Santa Mónica property is adjacent to the beach on the Pacific Ocean. In spite of criminal laws barring the sale of this property, the entire area fronting the beach (100 acres of property) has been purchased for a trivial amount by an unknown group through a foreign corporation. They have damaged Hacienda Santa Mónica. All transactions thereon are criminal in nature. SEVERAL DENUNCIAS HAVE BEEN FILED TO HALT THE DESTRUCTION OF THE PROPERTY.B. Theft of Valores Globales S.A. The second asset that was stolen was the share certificates of a personal corporation of Lucom's. Valores Globales S.A. is a British Virgin Islands corporation that belonged to Lucom at the time of his death.
Valores Globales owns $4 million in cash and $2 million in promissory notes. The shares for this corporation were stolen by Hilda from Lucom's files. She alleges they were a last minute gift from Lucom. Florida and British Virgin Island laws have assisted in protecting this asset of the Estate which is valued at $6.0 million. In Florida there is an injunction that bars the Arias Group from using the Valores Globales assets. I was able to obtain this injunction in defense of the assets of the Estate.
Present Situation
As it stands now, the Lucom Will has been approved by the Panama Probate Court and approved by the Panamanian Superior Court. The case has been before the Panama Supreme Court for approximately one and one-half years and we are expecting a ruling in the near future.
There, of course, has been a great deal of lobbying of the Panama Supreme Court by Hector Infante, Esq. and the Arias family. However, we have finally gotten to the point where the truth of the matter is obvious.
Now that there is the support of the Panama charities, that together with the previous approvals of the Lucom's Will by the Panamanian lower courts and the overturning of all of the false charges and arrest warrants against me signals that the tide has turned.
At this point the poor children of Panama need nothing other than a ruling on the law in Panama. There is no need to lobby for a desired result, the Supreme Court need only adhere to the law. However, the longer this case continues, the more deaths from malnutrition mount in Panama. Certainly any help that can be provided by the expatriate community to lobby for a speedy resolution by the Panama Supreme Court of this case can only help this situation. It would be much appreciated.
Lucom's inheritance is still in litigation. The poor children of Panama are waiting for a Court ruling that will benefit them with $50 Million.
Panama. A new foundation became public yesterday and its objective will be to administer the funds in favor of the poor children of Panama.
It is a Private Interest Foundation for the Support of the Poor Children of Panama, that arose from the $50.00 Million inheritance left by the decedent, Wilson C. Lucom, and which is presently in a legal battle at the Supreme Court of Justice.
The Foundation, which is leaded by Sister Lourdes Reiss from the San Jose de Malambo Orphanage, is formed by six charities: the Asociacion de Aldeas Infantiles S.O.S. de Panama, the Asociacion Nacional Pro Nutricion Infantil, the Asociacion Religiosos Mercedario, the Pro Ninos de Darien Foundation, the San Jose de Malambo Orphanage and the Patronato de la Ciudad del Nino.
Lucom, a U.S. diplomat and investor, passed away in June of 2006, he lived here and loved this country.
During the press conference held yesterday, in which assisted attorneys Octavio del Moral, Jose Acevedo; Sister Lourdes, Richard Lehman and the ex-comptroller Ruben Carles, they explained that Lucom's Will has been object of lawsuits in the courts and is presently at the Supreme Court of Justice.
Sister Lourdes further explained that “one of the objectives of the new foundation is to support any organization or person that submits a viable program in accordance with our benefactor. We trust in the Panamanian Justice.”
Carles' assistance was to give his testimony of his friendship with Lucom and to give faith of that he had disposed to leave $50.0 Million to the poor children of Panama in inheritance before his death.
“He always preferred the country to the city. We went together to many places in Cocle. He made his fortune through real estate investments in Florida. Given that he grew up being poor he considered his Will to be a good way of paying back for the good luck he had”, indicated Carles.
The U.S. attorney and former executor of Lucom's Will indicated that there are persons that do not want Lucom's will to be fulfilled. He also added that these three years of legal disputes have been a blessing and a spiritual experience. “It is not just the fact of giving the funds to the poor children of Panama, but to have justice served”.
Lehman claimed that he has been accused of everything by the Arias family; however he has been acquitted of every accusation, having only one pending. “With the creation of this new foundation, I can just step aside, so they can't use me as an argument”, expressed Lehman.
Meanwhile, Gilberto Arias, the son of Hilda Arias de Lucom, the widow, says he sees the formation of this new foundation very positively, “I hope for good omens for these charities that our family has supported for decades”.
Arias explained that Lehman has no response faculty towards Lucom's Estate, given that “he has been removed or resigned in all of the jurisdictions. The inheritance is not in debate, but who will be the executor”.
Watch segment from Press Conference January 21, 2009
Watch Richard Lehman discuss case:
December 15, 2008 La Estrella, By Richard M. Koster Las Uvas: Fever in the coast
Hacienda Santa Mónica is one of the most beautiful properties of Central America - approximately 3,000 hectares that spread from the Inter-American highway down to the ocean. It was created by combining land from five farms by president Harmodio Arias Madrid. In it he developed rice and bred cattle . He then turned it over to his son Gilberto Arias Guardia, and then to his grandchildren. They sold it to the second mother's second husband , Wilson Lucom. Lucom paid the mortgages and set the farm to produce, but in 2005 he sold it so that it was the site of the first “Branded City” of Latin America. Read full article in Spanish from La Estrella or English translation
June 24, 2008 International Herald Tribune By Marc Lacey Bequest to Panama's poor is blocked by donor's family. Read Tribune article
May 18, 2008 Children between the ages 7 and 12 years old march to the courthouse where they were declared in the headquarters of the Supreme Court of Justice. The protest was to ask for justice in the case of the inheritance of $50 million form the American Wilson Lucom. The children delivered documents to the president of the court Harley Mitchell on the case. La Estrella online
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Background of a Red Alert: PART I printed April 7, 2008, La Estrella, Irlanda Sotillo /Rafael Rodríguez
The morning of January 26th, Attorney Victor Crosbie boarded a plane in San Jose, Costa Rica. The day before he had attended a strategy meeting in a difficult case he had been working on for over one year. He was now returning to Panama. However, he was taking advantage of the fact that his ticket allowed him to make a stopover inMedellin. He had a list of law books that were not available in Panama and that he intended to buy in the Colombian city.
Things were going well for Victor Crosbie. He had been living a sort of exile during part of 2007. In September, the opposing law office in the difficult case had filed a false criminal complaint against him. Although there was no evidence filed against him, a prosecutor had issue an arrest warrant for him. Crosbie was in Florida at that time and could not return to Panama without going to jail. At the end of November, however, the Second Superior Court ruled that the warrant for his arrest was illegal. Rid of that weight on his shoulders, he spent the Christmas holidays at home. Now, a week later, he would be going to Guadalajara, Mexico with his wife for his son’s graduation from medical school. Things changed inMedellin.
Background of a Red Alert: PART II printed April 8, 2008, La Estrella, Irlanda Sotillo /Rafael Rodríguez
“It could have cost me my life,” said Victor Crosbie. The Panamanian attorney recalled what happened to him on January 26th of this year for La Estrella de Panamá, when he was arrested in Medellin, Colombia on a red alert issued by Interpol Panama. The arrest warrant was sent unsigned and without any supporting documentation at Interpol Panama from an opposing law firm in the civil lawsuit regarding the will of millionaireWilson Lucom. The Second Superior Court had ruled the arrest warrant for Crosbie was illegal; nonetheless, the highest level alert was issued to 186 countries, with the statement: “WARNING: PERSON CONSIDERED DANGEROUS.”
Postcard: Panama
A bitter dispute over a wealthy American's will has become a metaphor for this nations big divide. Inside the fight for $50 million
TIME
MAGAZINE - November 12, 2007 By TIM PADGETT
These are heady days for tiny Panama. It is undertaking a massive expansion of the Panama Canal, luring billions of dollars in maritime and high-tech investment that could make it the Hong Kong of the Americas. But here's the other side: in the past few months, scores of toddlers have died of malnutrition in villages around the country. More than half of Panamanian children under 5 are at risk of suffering the same fate. That's why, say friends of Wilson (Chuck) Lucom, who died last year at 88, the eccentric U.S. millionaire left as much as $50 million in his will for poor children's charities in Panama. It's the largest private gift ever made here. The will doesn't single out which relief organizations will be recipients. But, as the director of a charity that may benefit says, it could have a "tremendous impact on our ability to save these children."
Background of a Red Alert: PART I
Background of a Red Alert: PART II 