FOLLOW US

America June 6, 2024 5 mins read

Miami Bank Shareholders Claim $27M Loss Due to Venezuelan Government Control

America ı By Rochdi Rais

0 Comments

Miami Bank Shareholders $27M Loss

Shareholders in a small Miami bank told jurors Wednesday that board members working for the Venezuelan government had taken control of the bank and cost shareholders $27 million by engaging with the sanctioned Venezuelan government.

In opening statements in federal court in Miami, Diego Pérez Ara, who represents shareholders Bancor Group Inc. and Stichting Particulier Fonds Franeker, told jurors that the Eastern National Bank board members' decision to open accounts with the state-owned Banco de Venezuela in 2016 led to two consent orders from the U.S. Office of the Comptroller of the Currency, which Pérez described as "the second-worst thing that can happen to a bank," aside from a liquidation.

Since then, the bank has closed three of its four branches, laid off 30% of its workforce, and has half the assets it did before agents of the Venezuelan government took control, according to Pérez.

"Those consent orders have caused massive damages to the bank," Pérez said. "There's a clear moment in time that determined the fate of the bank, and that was opening the Banco de Venezuela accounts."

Pérez said it began with Gabina Rodriguez, an attorney who took control of Eastern National Bank when she was appointed as receiver of Corpofin CA, the ultimate parent company of the bank. She then stacked the board with people Pérez called "Venezuelan government agents."

Pérez said that at the time the Eastern National Bank board members were opening Banco de Venezuela accounts, Citibank, a bank much larger than the small Miami bank, had decided to close its Banco de Venezuela accounts because of the risks involved in dealing with a bank owned by a sanctioned state.

Pérez said Jack Lantz, the compliance officer of the bank, was the only one who objected, saying in a September 2016 memorandum to Rodriguez that "it is very reasonable that if we do not satisfactorily manage the risks, I believe the OCC response would be a consent order or worse."

The first consent order was issued in 2018, followed by another in 2020 that Pérez said is still in place today.

In the defense's opening, Gary Davidson, who represents Rodriguez and the other board members, said "very little of what transpired at Eastern National Bank had to do with the Venezuelan government."

He pointed out that the two plaintiffs combined, Bancor and Franeker, collectively own fewer than 100 shares in the bank, out of approximately 100 million shares of Eastern National Bank stock. Both Bancor and Franeker are controlled by Venezuelan-American businessman Juan Santaella, who had originally owned the bank.

"Mr. Juan Santaella has been obsessed with only one thing: getting back control of Eastern National Bank," Davidson said.

Davidson explained that this began during the Venezuelan financial crisis of 1994, when several banks failed and were taken over by the government. The Venezuelan equivalent of the U.S. Federal Deposit Insurance Corp. stepped in to protect the deposits of Bancor, which was a bank at the time, and to remove Santaella, according to Davidson.

Bancor's parent company was Corpofin, which also owned Mercorp NV, which in turn owns the majority of shares in Eastern National Bank. Rodriguez was appointed by the Venezuelan government to oversee Corpofin and took control of Mercorp as well, according to Davidson.

"She's a private lawyer at this point, but she's been appointed as an overseer of this company, not to profit from it, but to make sure it is running correctly and doing the right thing," Davidson said.

He said his team will prove that Rodriguez and the other board members never received any extra compensation and that they reasonably believed their business judgments were in the best interests of Eastern National Bank.

The trial resumes on Monday morning with testimony from the first witnesses.

Bancor and Franeker filed the suit against the bank's leadership in January 2022, claiming the directors allowed the bank to sidestep U.S. penalties in order to benefit the Venezuelan government.

The case has been marked by strife between counsel representing the warring parties, with Diaz Reus & Targ LLP attorney Michael Diaz being disqualified in April 2023 after a magistrate judge determined that he had an attorney-client relationship with the bank's beneficial owner between 1996 and 1998.

The directors hit back with their own disqualification bid against plaintiffs' counsel León Cosgrove Jiménez LLP over alleged misuse of privileged documents, but that request was denied.

Last month, U.S. District Judge Darrin P. Gayles denied a bid by the plaintiffs to sanction Diaz Reus lawyers over allegations that they delayed an October 2023 trial date.

Bancor and Stichting Particulier are represented by Derek E. León, Diego Pérez Ara, and Gregory S. Carter of León Cosgrove Jiménez LLP.

The board of directors is represented by Gary E. Davidson, Evan J. Stroman, Brant C. Hadaway, Javier Coronado, and Ibrahim Amir of Diaz Reus LLP.

The case is Bancor Group Inc. v. Rodriguez et al., case number 1:22-cv-20201, in the U.S. District Court for the Southern District of Florida.

Previous Article

NFL Sunday Ticket Antitrust Trial Begins with Jury Selection

Read More
2773 Posts

Rochdi Rais

Rochdi Rais is the Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 5, 2026
OpenAI Sued Over Astra Name As…

What Readers Need to Know TradeSun says it used ASTRA…

By – Samuel Lopez
America October 5, 2026
Shark Tank Boosted Teaspressa Sales —…

Key Takeaways Teaspressa, the Phoenix beverage company that appeared onShark…

By – Samuel Lopez
America October 5, 2026
Trump’s Harvard Funding Fight Hits Appeals…

What the First Circuit Is Really Deciding The First Circuit…

By – Samuel Lopez
America October 5, 2026
Gatorade Recall Hits 122,000 Cases Over…

A missing word on an ingredient label might seem minor…

By – Tyler Brooks
America October 5, 2026
DOJ Weaponization Report Exposes How Biden…

Inside the Bureaucracy Internal DOJ and FBI records prove career…

By – Samuel Lopez
America October 5, 2026
Cornell Rape Investigation Reopened As Netflix’s…

Key Takeaways New York Attorney General Letitia James has been…

By – Samuel Lopez
America October 5, 2026
Cornell Rape Investigation Reopened As Netflix’s…

Key Takeaways New York Attorney General Letitia James has been…

By – Samuel Lopez
America October 5, 2026
Letitia James Takes Over Cornell 7…

New York Attorney General Letitia James is facing criticism over…

By – Jackie Allen
America October 5, 2026
Two Dead, 35 Hurt As Gunfire…

VIENNA, Ga. — Two men are dead and dozens more…

By – Derek Johnson
America October 4, 2026
Russia Plague Scare Follows Lab Worker’s…

A Russia plague scare has prompted medical monitoring and reported…

By – Michallie Harrison
America October 4, 2026
OSHA Wants Overdose Reversal Kits at…

Inside OSHA’s Overdose Playbook for Employers OSHA wants naloxone kept…

By – Samuel Lopez
America October 4, 2026
Google Told Investors Gemini 3.5 Pro…

Key Takeaways A proposed securities class action filed Friday in…

By – Samuel Lopez
America October 4, 2026
UFO Whistleblower David Grusch Makes Explosive…

A UFO whistleblower has made some of the most extraordinary…

By – Jackie Allen
America October 4, 2026
UFO Waiver: Pentagon Opens  Door for…

The new UFO Waiver issued by the Pentagon creates a…

By – Jackie Allen
America October 3, 2026
Firerose Claims She Was Kept a…

Firerose is speaking publicly about her turbulent marriage to country…

By – Jackie Allen
America October 3, 2026
Missing Children: Long Island Operation Rescues…

Missing children were at the center of a major three-day…

By – Jackie Allen
America October 3, 2026
California Woman Charged After Video Allegedly…

What the Blackey Case Shows Prosecutors say Hanh Minh Nguyen…

By – Samuel Lopez
America October 3, 2026
Diesel Crisis: G7 Deal Leaves Questions…

WASHINGTON — The G7’s response to the diesel crisis includes…

By – Michallie Harrison
America October 4, 2026
Google Told Investors Gemini 3.5 Pro…

Key Takeaways A proposed securities class action filed Friday in…

By – Samuel Lopez
America October 3, 2026
Tennessee Prison Chief Resigns After Christa…

What the Failed Execution Changes Frank Strada will step down…

By – Samuel Lopez
America October 3, 2026
Costco Faces $5 Million Sugar-Free Lawsuit…

By Samuel López | USA Herald Costco Wholesale Corporation is…

By – Samuel Lopez
America October 3, 2026
Amazon Faces Potential 30 Million-Reader Antitrust…

What Kindle Buyers Need to Know More than 30 million…

By – Samuel Lopez
Business October 3, 2026
China Launches Anti-Dumping Probe Into EU…

BEIJING — China has opened a new anti-dumping investigation into…

By – Derek Johnson
America October 3, 2026
Boston-Bound Air Ambulance Disappears With 6-Souls…

What We Know About the Missing Flight A Canadian-operated Gulfstream…

By – Samuel Lopez
America October 2, 2026
NFL Concussion Claims Count as Separate…

What the Coverage Ruling Means Each former player’s claim counts…

By – Samuel Lopez
America October 2, 2026
Halle Berry Hit with Temporary Restraining…

What the Court Order Signals A Los Angeles judge granted…

By – Samuel Lopez
America September 30, 2026
Arnold Schwarzenegger Heads to Jury Trial…

What the Jury Will Decide Schwarzenegger has conceded negligence in…

By – Samuel Lopez
America September 29, 2026
Trump Launches America.gov AI Portal That…

What Americans Need to Know gov is now an AI-powered…

By – Samuel Lopez
America September 28, 2026
Pope Leo XIV Condemns France’s New…

What Readers Should Know Pope Leo XIV used his visit…

By – Samuel Lopez
America September 27, 2026
Strangers Collected $30 Million In ‘Illegal…

What You Need to Know 1. George A. Neukom Jr.’s estate…

By – Samuel Lopez
America September 28, 2026
JJ McCarthy Trade Sends Former First-Rounder…

Two years ago, a franchise spent a top-10 pick on…

By – Tyler Brooks
America September 26, 2026
New York Sues Polymarket Claiming Prediction…

What This Fight Is Really About New York says Polymarket…

By – Samuel Lopez
America September 24, 2026
New York Sues Polymarket Over Alleged…

What’s Riding on the Bet New York says Polymarket’s sports…

By – Samuel Lopez
America September 23, 2026
Roblox widow alleges $6 million scam,…

The Roblox widow says a former companion took $6 million…

By – Jackie Allen
America September 22, 2026
Network Traffic Challenges May be Reshaped…

Network traffic has traditionally moved in one dominant direction: from…

By – Jackie Allen
America September 21, 2026
Gilbert Goons Defendant Arrested Again for…

A Gilbert Goons defendant awaiting trial in the 2023 death…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter