Agropecuaria Del Caribe S.A. (ADC) is a commercial entity, at least 50 percent beneficially owned by United States citizens today, as it was in 1999.

 

"El Cerro Silva" was a property of ADC, expropriated by the Government of Nicaragua in 1999.​

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SUMMARY: The Government of Nicaragua refuses to obey its own Supreme Court ruling of 2010, and to compensate us (US Citizens) for the expropriation of our property.  We need your support in requesting that concrete actions protective of US Citizens rights in Nicaragua be taken in whatever form possible, to compel the Nicaragua Government into action. At this time we request that a letter from the US State Department be addressed to the President of Nicaragua, José Daniel Ortega Saavedra, (copying EMBUSA and ADC): requiring from him, an explanation for the lack of implementation of Nicaragua Supreme Court Sentencia 597 (of 2010), pertaining to compensation in favor ADC, an entity at least 50 percent beneficially owned by United States citizens; also requesting that the President of that Country provide a date for the prompt and just compensation owned to these US Citizens, according to the Supreme Court ruling

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The timeline of events pertaining to the expropriation of "El Cerro Silva", is shown below 

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• In 1999, after transfer of property from the owners of the entity known as Donald Lacayo S.A, the principal shareholders in ADC were Myriam Barberena/20% (wife of Mr. Richard E. Frizell, US Citizen), Elsa Castillo/20% (US Citizen, widow of Camilo Barberena), Eduardo Barberena/20% (married to Marisol Hurtado, US Citizen); and Elena Barberena de Lacayo/20% (original owner of Donald Lacayo S.A.)

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• Because Mr. & Mrs. Eduardo Barberena (Marisol Hurtado) and Mr. & Mrs. Richard E Frizell were couples residing in the State of Florida, due to marital property rights in that State, more than 50 percent of ADC shares were beneficially owned by United States citizens in 1999.

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• On 7 May 1999, the Government of Nicaragua officially communicated ADC about the expropriation of "El Cerro Silva" (22,484-acres real estate).  

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• Representatives of ADC fought for compensation in the Nicaraguan courts, as encouraged by the Local Legal Counsel of our Embassy in Nicaragua

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• The Nicaraguan Government agreed to compensate ADC by means of a legal instrument (Escritura Publica No. 163 and Finiquito Estatal OCI 1257) dated September 2005.  The Government paid ADC a PARTIAL COMPENSATION for the expropriated land, but remained legally bound to compensate ADC for the forest resources located on that land.

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• In 2008 the Nicaraguan Government offered ADC circa 277K dollars in monetary compensation for the forest resources.  ADC refused this offer in view of a 1999 study where the value was estimated to being between 12 and 17.5 million US dollars.  ADC took the case to the Supreme Court of Nicaragua (SCN).

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• In 2010, the SCN ruled in favor of ADC (Sentencia 597), instructing the Government to quantify and indemnify ADC according to the real value of the forest resources at the time of the expropriation.​

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• In 2012, a second study estimated the value of the forest resources at 12 million dollars at the time of the expropriation, without including the value of the land, lost profits, or the accrued interest from the time of the expropriation.

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• Since 2010, the Nicaraguan Government has ignored the Supreme Court decision (Sentencia 597), despite letters/ordinances issued in 2011 by the SCN to the Ministry, the Nicaraguan Congress and to the President of the Republic. It has refused to meet with ADC and has repeatedly misled our Embassy with false statements and promises.

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• In 2015, the Nicaraguan Supreme Court informed us that the Court can’t force the President to act, thus, exhausting all local legal means.

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• Since 2016 ADC has secured the continued aid from our Embassy in Nicaragua (for which we are extremely grateful).  But the Government of Nicaragua continues ignoring the Court decision, and continues misleading our Embassy with false promises to meet, I.e.:  In 2016, Madam Ambassador negotiated with the Attorney General, Dr. Hernan Estrada, for our case be heard by his office, under the auspices of Dra. Rebeca Zúñiga. ADC requested audience with Dra. Zuniga in September 2016: we have not received answer to that request to this day.

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• US Citizens' rights are being violated in this protracted 18-years compensation battle, where the aid of our Embassy (although received) has proven to be insufficient to overcome the President's contempt for the Law.

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                 WE NEED  DIRECT ACTION FROM THE STATE DEPARTMENT

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