Update on Lucom Case

Documents Related to Florida Case

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 - download pdf

2. Appeal to Florida Court - download pdf

3. Panama Court Documents with Explanation - download pdf

Petition Alleging Violations Of The Human Rights Of Richard S. Lehman By The Republic Of Panama, With A Request For An Investigation And Hearing

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

DOWNLOAD this entire human rights lawsuit in ENGLISH or SPANISH

DOWNOAD 261 page of Exhibits

. . . "Mr. Lehman further requests that the Commission, in accordance with Article 25 of the Commission Rules, call upon Panama to adopt precautionary measures to guarantee that Mr. Lehman can carry out his duty as executor of Mr. Lucom's will without further harassment or endangerment. Because Mr. Lehman has been unable to travel freely to Panama, he has been unable to fulfill the final wishes of Mr. Lucom, and charities that perform life-saving services to Panama's poor children are being deprived of the funds that should rightfully be put to such work. If the organs of the Panamanian State continue to be abused, to permit the looting of Mr. Lucom's estate by members of the Arias family, it will be impossible for Mr. Lehman to carry out his duties as executor. Precautionary measures, therefore, will guard against irreparable and potentially devastating harm to the rightful beneficiaries of Mr. Lucom's will, the poor children of Panama. In light of the attempted murder of Mr. Avila, an outspoken proponent for carrying out the will bequest of Mr. Lucom, Mr. Lehman may also be at risk. Although the attempted murder of Mr. Avila is unsolved, the fact that he was attacked shortly after his participation in a very public protest related to this dispute, could be a sign that the situation is escalating to violence. Indeed, two U.S. Congressmen have written to the U.S. Embassy in Panama to express their concern for the safety and wellbeing of Mr. Lehman during his trips to Panama to fight the charges against him and address the legal matters related to Mr. Lehman's estate. (Exh. 13.)"

Read this petition online at www.LucomChildren.com

Corruption in Panama and Human Rights Abuse of Richard Lehman

Dear Senator Martinez:

I am writing you regarding a serious foreign relation matter regarding the Republic of Panama and the corruption of its legal system and regular and organized abuse of US Citizens and their Civil and human rights.

I am one of many Colorado businessmen (and a number of CO Corporations and LLC’s) who have been actively doing business in Panama for the past 3 years. During that time, I have witnessed first-hand the extend of the corruption of the Panama legal system, and the systematic robbing of US and Canadian investors (both professionals and retiree’s) by cabals of Panamanian attorney’s, prosecutors, law enforcement officials and other government officials - all the way to the Supreme Court.

The most public example of this is in the case of a US Citizen, Richard Lehman, a Florida attorney who has been for 2 1/2 years attempting to prevent one of the Panamanian oligarchy’s from stealing the large estate of Wilson Lucom, a past advisor to the US Secretary of State. The Panamanian government/authorities have relentlessly abused the civil and human rights of Mr. Lehman as he tried to protect the Lucom state, which has been valued at between $50M and $150M—the majority of which Mr. Lucom left in his Will for the poor children of Panama. . .READ this entire letter to local state senator

You can see the full litany of false charges, false arrests, assaults on the Civil and Human Rights of this US citizen in the documents filed with the Organization of American States, at:
http://www.lehmantaxlaw.com/RSL_/62667387_1.PDF
http://www.lehmantaxlaw.com/RSL_/62667382_1.PDF

Attorney Richard Lehman Sues Panama for Human Rights Abuses in $50 Million Food Aid Case

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.

Learn more at www.lucomchildren.com

Boca attorney in international showdown

BOCA RATON, FL -- Richard Lehman is a tax attorney in a small corner office overflowing with paperwork and right now he's preparing to sue the nation of Panama for violating his human rights.

"This is what can be done under a judicial system gone wild," says Lehman.

Lehman had a wealthy client, Wilson Lucom who lived in Panama and who had cut his wife's children out of his will.

Instead, Lucom had decided to donate 50-million dollars to the starving children of Panama.

When Lehman went there to execute the will however, the attorney was charged with the murder of Wilson Lucom.

"Can you imagine waking up and your lawyer calls and says 'Guess what they just accused you of murdering Mr. Lucom, who's 89-years old, in the hospital, who was hooked up to tubs and died."

Since 2006, Lehman has been falsely charged with dozens of crimes in Panama, from murder to extortion.

He's even been named by Interpol as one of their most wanted. All of this he says started because Lucom's family in Panama has produced two former presidents of the nation and they want that money.

He says they are creating false criminal charges in an effort to prevent the will from being executed.

Even though all of the charges had been dropped against him for lack of evidence in February Lehman was still arrested, and held at gunpoint for 14-hours.

"You were scared?" asks Holmes.

"S--t, yeah I was scared," says Lehman.

He was detained in a hotel for five days and was only able to get out through a border town and cross into Costa Rica.

All this because a powerful family thinks where there's a will there's a way, and an attorney and the starving children of Panama are paying the price.

"You can't stop somebody from being a fiduciary across borders by using criminal laws against them. What kind of world would you have?"

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http://www.wptv.com/news/local/story/Boca-attorney-in-international-showdown/ABu1Ga0ag0aj7DF3WZWcKQ.cspx

Legal case clouding Panama/U.S. commerce

Half of Panama’s population of children under the age of five is in grave danger of death from malnutrition. The country’s staggering 40 percent poverty rate is one of the worst in Central America.

The late Wilson Lucom reportedly left $50 million to a trust intended to aid these starving children according to a secret will revealed upon his death in 2006. Lucom’s Panamanian wife Hilda and her children from a previous marriage are contesting the will and over two years of legal haggling between the two parties has not resulted in the resolution of the case.

So far lower courts have ruled twice in favor of Richard Lehman, executor of Lucom’s estate, but the Supreme Court of Panama has agreed to hear the case amid charges of illegal tactics and corruption on both sides. Accusations and allegations fly back and forth as a reputedly dysfunctional system of justice attempts to deal with a weighty matter with far-reaching implications.
Read full article here.

Foundation to Support Children is Created

Read original story in Spanish from La Estrella

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”.

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Institutions created a charitable foundation to administer an estate millionaire

Read article in Spanish - click here

Panama .- Six charitable institutions of Panama formed today at the Foundation for the Support of Poor Children in the country to receive and administer the estate in a will left millions for over two years by a U.S. investor.

Formed by the Pro-Children of the Darien National Association Pro Nutrition (Nutrehogar), the Association of Religious Mercedarios The Orphanage "San Jose de Malambo," SOS Children's Villages City and the patronage of the Child, the group aims to support "viable programs in accordance with the needs of children" proposals by third parties.

The members of this foundation, all long-and prestige in the country, were invited by Richard Lehman, executor of the deceased, legally constituted as "natural recipient" of the will of his client, as he explained today in a wheel press.

Upon his death in June 2006, Wilson C. Lucom, diplomat and investor based in Panama, left an estate valued at 50 million dollars to poor children in Panama ", without defining how to share his legacy.

The family of his widow will protest and engaged in a legal process that has reached the Supreme Court, which is pending for a year.

In the event that the Supreme Court ruled in favor of the will of Lucom, the new foundation would be its main beneficiary, according to an agreement reached with Lehman lawyer.

"It is in the hands of Panamanians to join me to speak before the Supreme Court in defense of the nation's children," noted Lehman through a translator.

The challenge will also let different amounts of cash and annuity pension to his widow, Hilda Piza, friends and colleagues.

On behalf of his mother, the children of Piza (84), challenged the will and for more than two years the parties have conflicting arguments ventilated in the courts of justice and international media, ranging from attempted murder , extortion, bribery and criminal association removed to another reason.

According to Octavio Del Moral, counsel for the case in Panama, despite the High Court ruling in favor of Lucom testament to his political family filed an appeal before the Supreme Court, which he hoped "to be resolved soon."

On November 26 the National Council of Transparency of Panama, responsible for identifying and preventing acts of corruption in government, charged that the heirs of the widow of Lucom, not directly related to the testator, "brought more than 13 fraudulent criminal allegations "against the executor of the will, causing the suspension and delay the process of succession.

Information on the case with which the executive secretary of the Council, Alma Montenegro, was that "two prosecutors acted irregularly in the investigation of allegations that, on the other hand, were dismissed for lack of consistency.

Property Lucom ceded testament "to the poor children of Panama is known as the Santa Monica, an area of 3,000 hectares along the Pacific coast of Panama, currently dedicated to the cultivation of grains and fruits and livestock.

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THE LUCOM CASE 2009 – How The Expatriate Community Can Help

Dear Panamanian Expatriates:

I would like to use this blog to establish a dialogue regarding the Wilson C. Lucom case. I welcome and encourage your comments and help.

I would like to introduce myself to you as the American lawyer who is the executor of the Estate of Wilson C. Lucom and in addition, I would like to introduce myself on a professional level.1/

I know that many of you have been following the Lucom case and I feel that now that I have completely cleared my name in Panama of illegal criminal charges raised against me it would be a good time to bring you up to date and start a dialogue with you so that together we may be able to help stop corruption of the Panamanian legal system and get these malnourished kids their money.2/

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1./ A lot has been written about this case. You will find my most recent Report to the Attorney General of Panama that was distributed to her in April of 2008 on the Website devoted to this case:

English version: www.lucomchildren.com

spanish version: www.lucom-ninospobresdepanama.com

The Report is on the Website together with an extensive document Exhibit package. While those of you in Panama might by now be used to the type of treatment I received to one degree or another, I think you will see the Report spells out a very difficult picture. Since many readers of the Report have said “this can't be true”, I felt it necessary to attach the Exhibit list on the Website which proves with written documents all that is said in the Report.

2./ On a professional level, I have been a Federal income, estate and gift tax lawyer in both U.S. government and in private practice for almost 40 years. During this time I have concentrated in the area of international taxation. I define this area of the tax law as the “taxation of non resident aliens immigrating to and investing in the United States and Americans immigrating from and living or investing outside of the United States”. Please see www.lehmantaxlaw.com for a more complete description of my professional qualifications and law practice.

Since there have been many changes in the tax laws affecting expatriates that I am familiar with, I will also use this blog to try to provide a resource for tax and related issues in that area of the law.

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THE LUCOM CASE 2009 – How The Expatriate Community Can Help

Much has happened since the delivery of the Report mentioned in Footnote 1. At the time of the delivery of that Report, I was still subject to many false criminal filings against me and an illegal arrest warrant that kept me out of the country. Furthermore I was not aware of the full extent of the on going attempt, (now exposed), to steal all of the assets of the Lucom Estate so that even if the will contest was won, the Estate would be empty of assets and holding nothing but debt.

The Lucom case has been an education in corruption in Panama. However, all of the following will show great progress has been made.

Recent Developments

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)

The Report noted in Footnote 1, 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.

Very truly yours,

RICHARD S. LEHMAN
rlehman@lehmantaxlaw.com