Pantone-denouncations

Peru - 2nd February 2012 - Court documents of Dr Dan Pantone

 

 

 

CASE NO. 2S060S-2011-29S-0-STA-FPM-MAYNAS-MP-FN

PRESIDING PENAL JUDGE OF MAYNAS:
ISABEL QUISPE RAMOS, Provincial Prosecutor (P) of the 5th Mixed Provincial
Prosecutor ofMaynas, having as her processing address Calle Morona No.148 - Jquitos, hereby informs you:
That, as per Article 159 subsection 5 of the Political Constitution of Peru, in accordance with Articles 1, 11 and 94 of Legislative Decree No.052 - Organic Law of the Public Ministry and given the content and collective results of the investigation attached in folios.( ).1 hereby FORMALISE THE PENAL CHARGES against Dan James Pantone Dobratz as presumed author of the Crime Against Patrimony in the fonn of Fraud, illicit and foreseen and subject to Article 196 of the Penal Code and the illicit  foreseen, Information Crime, subject to Article 207-A first paragraph of the Penal Code, against David John Nilsson: the personal details of whom are detailed below:


PERSONAL DETAILS OF THE CHARGED PERSON:
Names DAN JAMES PANTONE DOBRATZ
National Identity Document 46XXXX28
Date of Birth 04-11-1952
Civil Status
Natural Born:
Son of
Address
1. NECESSARY DETAILS:
Married
llIinois - USA
Rocco and Maxine Atel ia
San Diego - USA 14818 - Oakline Road
Poway CA 92064


It has been determined via the preliminary investigation that the aggrieved David John Nilsson, of Australian nationality, General Director of "Sustainable Carbon Resources  Limited" and dedicated to the field of carbon credits, in the month of October 2010 found on the Internet the web page www.matses.org which was promoted by Dan James Pantone Dobbratz as Vice President of the non-profitNGO - Amazon Movement for Sustainable Tribes and Sustainable Economies - M.AT.S.E.S" with whom he got in touch via email as he was interested in developing carbon credits with the MatsesIndians; as a result ofthis the charged party answered the email of the 27th of August, 2010, indicating that Mr Nilsson should communicate with the Chief of the Matses  Angel Uaqui Dunu Mayaby telephone as soon as possible, which the aggrieved did managing to talk with the Chief Angel Uaqui Dunu Maya as well as with the accused Dan James Pantone Dobbrate. In the month of September 201 0 the charged man sent a mail to the aggrieved offering to work for him as his guide so as to meet with the Matses Indians, a job for which he was remunerated $200.00 per day plus costs; and in the month of October of the same year the accused sent another mail to him soliciting the sum of $1,900.00 as an advance for services provided, money which was deposited in his savings
account by the aggrieved having arrived at an agreement with the accused that the latter work for him as his consultant carrying out various tasks on his behalf in Peru.

In this way, after the reaching of an agreement between them, the aggrieved arrived in Peru for the first time on the 9th of October 2010, being received in the International
Airport Jorge Chavez by the accused and staying five days there with him during which
time the aggrieved solicited of the accused that they visit the NGOs CEDIA, AIDESEP
and the WWF but the accused did not so wish indicating that it would be a waste of time
giving diverse reasons for such; however, upon the aggrieved insisting they did manage
to meet with members of AIDESEP as well as with members of the Regional
Government of Loreto and as a consequence of these reunions the accused, Dan James
Pantone Dobbratz solicited of the aggrieved that he sign an exclusivity agreement with
his self whereby he would receive 10% of the profits (of any project), a petition to which
the aggrieved did not accede because such an agreement first had to go through a process
of free and prior informed consent (FP1C) whereby the Matses Indians had to solicit the
approval of the Community before he could reach any agreement with the accused to
which the latter responded that it would only be a private agreement and that the Matses
are 'just Indians" and that they would not know of what had occurred. To this the
aggrieved refused given that he had a cooperation agreement with Landcam (Carbon
Accounting and Monitoring) and the Dr Carley Green who fulfills the role of Carbon
Project Auditor on the world stage and is a leading developer of carbon projects. After
this the aggrieved expressed his wish to meet with members of the Matses Community
but the accused showed himself to be averse to such.


In a later reunion wit the Regional President of Loreto, the aggrieved proposed that his
company would donate a proportion of its incomes from the carbon project to the
students of Loreto for educative purposes for which he proposed to establish a
Foundation. As such, on the 20th of November the accused, Dan James Pantone Dobbratz,
took the aggrieved to the judicial oflices of Dr Antonio Padilla Yepez, to draw up a
document for the Foundation, which was to be denominated the "Amazon Rainforest
Institute Foundation", a document which the accused asked that the aggrieved sign
without further explanation and knowledge of, but, on investigating the matter himself he
received the unwelcome surprise that as President of the Foundation appeared the
accused, for which reason he refused to sign the document and for which the accused
became angered. Being that the case, on the I of December, 2010 the aggrieved surprised
the accused in his department in the Golden Star Hotel downloading confidential
information without his consent and saving it to his USB, and, on being discovered by the
aggrieved, explained that he was merely guarding infonnation for back-up purposes, and,
as a result of this, the following day when the accused returned to the aggrieved's hotel
room, the aggrieved informed him that he no longer was in his employ and that his
services were no longer required. As a result of this the accused sough to physically
assault the aggrieved threatening him with death.


From the facts described one may infer that there exist indications of the Commission of
Fraud on the part of Dan James Pantone Dobbratz, given that, as a result of deceit, he
achieved that the accused contract him as his guide in Peru (given that the aggrieved
neither speaks nor understands Spanish) and to establish contact with the Matses Indians
to whom he was to present his project for carbon credits, as well as to put him in contact
with other indigenous organizations, but the accused had refused to put him in touch with
said groups, yet, despite that, charged the accused the sum of $200 a day and the
illicitness of this act is further corroborated in that when the aggrieved wanted to
establish a Foundation so as to support the students of Loreto, the accused took him to the
legal offices of Antonio Pedilla Yepez, where, taking advantage of the aggrieved's lack
of knowledge of Spanish, made himself President of the Foundation and the aggrieved
the Vice-President, as can be corroborated by the document which is attached as Folios
113-119, which the accused had sought that the aggrieved sign the Constitution of.
However, that the aggrieved, on not understanding the contents of the same refused to
sign it, a matter which angered the accused; as a result of this the accused had sought out
the aggrieved in his hotel room so as to charge him the remaining sum which he was
owed for the " services" he had rendered as guide, but that the aggrieved had rescinded
his services given the manner in which the accused had acted against his interests.


And as corroboration of the facts indicated, the accused, upon finding out that the
aggrieved had fired him, taking advantage that the aggrieved was not in his hotel roomthe
day being the 1st of December, 2010 whereon the aggrieved was lodged in the Hotel"
Golden Star" located in the 5th Block of Calle Bermudez, lquitos - where the accused
had entered and proceeded to download information from the personal computer of the
aggrieved to a USB device the following information: a scanned copy of the aggrieved's
passport, his curriculum vitae, a copy of the Joint Venture Agreements for discussion
purposes only which were utilized in the Philippines in the year 2010, amongst other
personal documents, for which the conduct of the accused also falls within the realm of
an informational crime, as he had entered unduly into the database contained in the
Laptop. However, upon the accused being discovered by the aggrieved he replied that he
was storing said information on his USB for backup purposes. However, said documents
were later presented to Daniel Manquid Jimenez Huaman, who, in turn, presented them to
the Public Defender for the purpose of the carrying out an investigation of the work
which had been carried out by the aggrieved in other countries regarding carbon credits,
information which was later published in the newspaper" La Region" as is corroborated
by Folio 161, where part of the information which the accused downloaded from the
personal computer of the aggrieved was published.

These facts should be investigated at a judicial level, within the parameters of due
process, whereby the responsibility or the innocence of the accused should be established
especially when the actions constitute an offense, the presumed author of which has been
identified and the penal action of which has not expired.


II. EVIDENCE OF THE CRIME
1. The offenses which incriminate the accused are to be seen form the facts
described in the denunciation presented by the aggrieved, Mr David John Nilsson,
as evidenced by the folios 02-13, whereby it is narrated in a detailed form that he
had been a victim of the denounced offenses by the accused, Dan James Pantone
Dobbratz.
2. The Official Translation of the Ponnat of the Constitution, Certificate of
Constitution, Memorandum and Statute of the company Sustainable Carbon
Resources Limited, represented by the accused, which is comprised of folios 15-
IS, 25-29 and 33-54,
3. The literal copy of Folios 96-98, of the inscription of the Association
"Movimiento Amazonico para Tribus Sostenibles y Economias SosteniblesMATSES"
in which Dan James Pantone Dobbratz figures a.s Vice Pre.sidenL
4. The copies of the emails which were mutually exchanged between the accused
and the aggrieved which constitute Folios 107-111.
5. The copy of the receipt of Folio 112 whereby the aggrieved paid the lawyer
Antonio PediJla Yepez, for the drafting of the minutes of the Constitution of the
Foundation.
6. The Copy of the Acts of the Constitution of the "Amazon Rainforest Institute
Foundation" of Folios 113-119, the same which has not been signed by the
aggrieved.
7. The copy of the money transfer of folio 120, which had been carried out by the
wife of the aggrieved to the accused Dan James Pantone Dobbratz, from Australia
for the amount of $3800.
8. The copy in writing of the Folios 121-123 presented to the Public Defender by
Daniel Manquid Jimenez Huanan, in his capacity as Director of the "Movimiento
Amazonico para Tribus Sostenibles y Economias Sostenibles - MATSES" in
which he makes reference to the activities which the aggrieved carried out in
other countries, amongst other things
9. The copy of the Joint Venture Agreement of Folios 134-159, which was
downloaded from the laptop of the aggrieved by the accused.
1 o. The copy of the journalistic Article of the "La Region" in Folios 161 where the
infonnation which was copied by the accused from the computer of the aggrieved
was published.
II. The copy of the information taken from the web page wINW.google.com referring
to the activities of the aggrieved, constituted by Folios J 63-166.
12. The email dated the 5th of October 2010 of Folio 200 sent by the accused to the
aggrieved in which he solicits tbe deposit of $1,900 for the fees which he received
for his services as guide in Peru, as well as the copy of the receipt of Folio 204.
13. The transcription of the emails of Folios 205-220 sent by the accused to the
aggrieved.
14. The certified translation of the Joint Venture Agreement of Folios 242-269.
15. The deposition oftbe accused David John Nilsson, of Folios 534-535, in which he
substantiates to great extent the denunciation he makes.
16. The deposition of the accused Dan James Pantone Dobratz, of Folios 537-540, in
which he indicates that he is a citizen of the USA, residing in [quitos as of 8
years, and that he met John NILSSON, then in Australia, via the internet agreeing
to work on a carbon project to support the MA TSES Community in Loreto and
that he solicited as payment for his services the amount of$200 per day; an
agreement which was dissolved on the behalf of the aggrieved, and in which he
17.clarifies that the NOO MA TSES "Movimiento Amazonico para Tribus
Sostenibles y Economias SostenibJes" is actually an Association in the process of'
becoming an NGO, being presided over by Daniel Manquid Jimenez Huanan and
himself as Vice President, positions which had now expired due to the passage of
three years of time and using the word" NGO" in the generic sense of the word
which is to say a "Non-Governmental" Association and not for profit ~ llsing the
abbreviation NGO-MATSES a fact which resulted in the aggrieved desiring to
meet the accused, however, according to the version of events presented by the
President of the Matses Commmunity Angel Dunu Maya, this is irrelevant to the
denunciation that was made by Me Daniel Manquid Juimenez Huanan, as
President of the NGO" MA TSES" to the Public Defender. Similarly, he indicated
that for his work as an assessor to the aggrieVed he received the amount of $200
per day as well as acknowledging that in November of 2010 he gave a Power
Point presentation to the President of the Region of Loreto in the Marriott Hotel in
the city of Lima where the appellant made an offer to share 50% of the profits of
the undertaking with the Regional Government, however, in so far as the drafting
of the document for the creation of the Foundation of the Amazon Rainforest
Institute he denies having instructed the lawyer Antonio PADILLA in the
elaboration of such indicating that it was the aggrieved who solicited the
elaboration of the document in the terms which he indicated and that he was not
aware of his motives for not wanting to sign the document, adding what is more,
that he withdrew form the Project with Mr Nilsson and sent an email to the
President of the Regional Government indicating his resignation but that at no
time did he indicate Mr Nilsson as a fraudster and that he denied having
manipulated Mr Daniel Manquid Jimenez Huanan into presenting the
denunciation of Mr Nilsson to the Public Defender and that he merely showed
him documents, in particular a Draft Contract which the complainant wanted the
MATSES to sign. Whilst he acknowledges that he handed over the documents
contained in the denunciation presented to the Public Defender by Daniel
Manquid Jiimenez Huanan, regarding the infonnation referred to in that
denunciation which was later placed on the WEB, as is evidenced by Folios 469-
472, he states that he has no knowledge.
The depositon of Paul Michael John Thomas McAuley of Foilios 541-543 who
mentioned that he know the aggrieved David John Nilsson and the accused Dan
James PANTONE DOBBRA TZ, the first of whom he met in the Plaza de Armas
of Iquitos and where Mr Nilsson solicited a meeting with him and the second
whom he met on two occasions, once in the Environmental Network (Red
Ambiental) and again in the Hotel Golden Star. Similarly he mcnti.oned that the
aggrieved presented himself in the Red Ambiental Loreto as a ~usmess man
interested in the theme of environmental services and that he Wished to
communicate with communities 000 had title to their property and with whom he
may be able to touch upon the matter of offering environm~ntal service~, agr:eei?g
to a meeting with the Chiefs (Apus) and on a second occasIOn he met WIth him III
the Meeting Room of the Golden Star Hotel where, in the presence of the accused
and the owner of the hotel, a tense conversation was held to which the accused did
not want the owner of the Hotel to intervene. However, he states that in the room
of the aggrieved a Power Point Presentation was given regarding the otfer that
the aggrieved wished to make to the Matses Native Community. There was also a
third meeting in the same Hotel, where, at the invitation of the complainant, 20
people, being the representatives of the Matses Native Community and two
MATSES students, were present and he acted as translator and at which the
accused PANTONE did not participate. There the complrunant presented himself
as a business man with experience in environmental services in ASIA and that he
wanted to investigate the possibility of working with the Matses Native
Community. They also agreed to hold a mass meeting in MA TSES territory to
infonn the people regarding the Project so as to get the reaction of the Community
to it however this was never held and no agreement was ever reached.
18. The deposition of Angel Uaqui Dunu Maya of Folios 545-548, who indicated that
he was Chief of the Matses Native Community which is made up of 14 annexes in
the district ofYaquerana, Province ofRequena, a position which he has held since
2010 and will hold until December 2011 the same of which was acknowledged in
the Public Registry in the year 1993 and is inscribed accordingly in the Public
Registry as such. He states that he met Mr PANTONE in the month of October
2010 and that it was he who presented him to Mr DAVID JOHN N1LSSON. He
states that he has knowledge of the existence of the denominated "Movimiento
Amazonico para Tribus Sostenibles y Economias Sostenibles M.A.T .s.B.S." but
that this organization does not belong to the Native Community MA TSES and
that Daniel James Jimenez who lives in the Annex of Estiron is also a member of
the Matses Community. Similarly he also indicated that on two occasions he met
with Mr NILSSON together with the 14 Chiefs of the Native Community
MA TSES and that these meetings were of an informative character regarding
environmental services and global warming and that no specific agreements
regarding the project were reached, He also stated that he had no specific
knowledge of the denunciation which Daniel Manquid JIMENEZ HUANAN
presented before the Public Defenders office against the aggrieved and that he
became aware of such through the newspaper" La Region", clarifying that said
person acted on his ovm behalf as director of the NGO MA TSES which actually
has no link whatsoever with the MATSES native Community that he represents.
He also indicated that his community has no web page.
19. The deposition of Daniel Manquid Jimenez Huanan, of FoHios 550-553, who
indicated that he was a bi-lingual teacher of the Community of Estiron, of
Chobayacu Creek, River Yaquerana, and that he knew the aggieved John Nilsson
and the accused Dan James Pantone Dobbratz given that the first wanted to do a
carbon project in his community regarding which he placed a denunciation with
the Public Defender to be investigated, given that the case mvolved a foreigner
and that he wanted him to be investigated prior to his entering the Community.
Attached in his denunciation were personal documents of the aggrieved that were
handed to him by the accused. He also indicated that the w~b. page .
www.matses.org published in the internet and that the publicIty costs assoc1ated
with it are paid by the accused whom he has known since 2006 and WIth whom h.e
maintains a relationship of friendship to this date. He also acknowledges that he is
involved in a judicial process involving faJse ideology however in his own
deposition he adds that at no time did he denounce the aggrieved, only that he
wanted that he be investigated.

III. JUDICIAL FOUNDATION
That the criminally illicit acts which are denounced are found in and punishable under
Articles 196 and 207-A of the First Paragraph of the Penal Code, which state:
Article 196 Fraud " He who procures for himself or for another an illicit gain in
prejudice to a third party by inducing or maintaining in error the aggrieved via
deceit, craftiness, ruse or other fraudulent manner, shall be punished by loss of liberty
not less than one and not ereater than six years.
Article 207- A - Information Offense - "He who utilizes or enters unduly a
data base, system or network of computers or whatever part of such to design, execute or
alter a framework or something similar, or !Q interfere, intercept, access or copy
information in movement or contained within a data base shall be punished by loss of
liberty no greater than two years or via 52 to 54 periods of community service.

IV. ELEMENTS OF PROOF
That under Article 14 of Legislative Decree 052:0rganic Law of the Public Ministry,
attached as elements of proof are those elements listed as revealing the crime committed.

V. INVESTIGATIONS WHICH ARE SOLICITED AT A JUDICIAL LEVEL
I hereby solicit that the following judicial investigations be carried out:
I. That the declaration ofinfonnation of the accused Dan James Pantone Dobbratz
be obtained, notifying him according to the law.
2. That the police, penal and judicial record ofthe accused be collected together with
the report showing his respective place of abode and habitual work.
3. That the preventative declaration of the aggrieved David John Nilsson, be
obtained via his interpreter notifying him according to the law.
4. That the aggrieved be required to present to the Courts his Laptop for a brief
period so as to verify with an infonnation specialist of the Superior Court of
Justice of Loreto, the existence of the documents which the accused supposedly
copied on to a USB device as well as the date on which they were created.
5. That the testimonies of Antonio Padilla Yepez, Yvan Enrique Vasquez Valera,
Paul Michael John Thomas Mc Auley, Angel Uaqui Dunu Maya and Daniel
Manquid Jimenez Huanan be obtained notifying them of their obligation
according to the law under pain of being forced to do the same.
6. That investigations be made in the Public Registry and financial entities so as to
obtain information as to whether the accused possesses material or non-material
assets or bank accounts registered in his name.
7. That a Preventative Embargo be placed over the goods of the accused which shaH
be sufficient to ensure the future civil reparation in case of a condemnatory
sentence being passed and the respective list of such be created.
8. Those other judicial investigations that the presiding judge deems necessary for
the better clarification of the facts denounced.

AS SUCH:
To you the Judge, I ask to admit the present charges and to
process them according to the law.

FISRT ADDENDUM: The results of the investigations contained in folios ( ).

SECOND ADDENDUM: The RENIEC details of the accusedfolio 504.

THIRD ADDENDUM: I solicit that the Court emit an Automatic Opening of
Investigations in accordance with the terms established by Article 77 of the Penal
Processing Code, and modified by Article I of Law No. 28117 published the 10112/2003
so as to avoid delays in administration of justice.

FOURTH ADDENDUM: That the courts notify in due time those involved of any
resolutions emitted throughout the process in conformity with Article 14 of the
Legislative Decree No. 052 - Organic Law of the public Ministry, so as ensure the
legality of the process amongst other aspects of the prosecuting process.

FIFTH ADDENDUM: That the denunciations against Dan James Pantone
Dobbratz and Daniel Manquid Jimenez Huanan for the crimes Against Liberty -
coercion, violation of correspondence; Against Patrimony - Aggravated Theft,. Extortion
through Blackmail and Aggravated Information Offense; Against the Administration of
Justice - False Declaration in an Administrative Proceeding; Against the Public Faith -
Falsification of Documents and General Falsity as articulated in Articles lSI, 161, 186,
201, 207-C sub-clause I ,411,427 first paragraph and 438 of the Penal Code not be
formalized given the reasons established in Resolution No. 002-2012-5ta FPMMA
YNAS which may be found in the archives.

SIXTH ADDENDUM: Miss Judge, the subscribed document elicits the knowledge
of myself in accordance with Superior Disposition.
Iquitos, 20d Feb 2012.

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