Pantone-denouncations

Court: David Nilsson v's Dan Pantone

 

CASE NO. 250605-2011-295-0-5TA-FPM-MAYNAS-MP-FN

 

PRESIDING PENAL JUDGE OF MAYNAS:  

ISABEL QUISPE RAMOS, Provincial Prosecutor (p) of the 5th Mixed Provincial Prosecutor of Maynas, having as her processing address Calle Morona No.148 – Iquitos, 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.(      ), I hereby FORMALISE THE PENAL CHARGES against Dan James Pantone Dobratz as presumed author of the Crime Against Patrimony in the form of Fraud, illicit and foreseen and subject to Article 196 of the Penal Code and the illicit and 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                         :            XXXX9728

Date of Birth                                             :             04-11-1952

Civil Status                                               :             Married

Natural Born:                                            :             Illinois - USA

Son of                                                      :             Rocco and Maxine Atelia

Address                                                    :             San Diego – USA 14818 – Oakline        Road

Poway CA 92064

1. NECESSARY DETAILS:           

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-profit NGO - Amazon Movement for Sustainable Tribes and Sustainable Economies - M.A.T.S.E.S” with whom he got in touch via email as he was interested in developing carbon credits with the Matses Indians; as a result of this 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 2010 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 withhim 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 (FPIC) 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 Carly 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 offices 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 1 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 information 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 room - the 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, Iquitos – 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 Format 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 15-18, 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 Sostenibles – MATSES” in which Dan James Pantone Dobbratz figures as Vice President.

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 Pedilla 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.

10.            The copy of the journalistic Article of the “La Region” in Folios 161 where the information which was copied by the accused from the computer of the aggrieved was published.

11.            The copy of the information taken from the web page www.google.com referring to the activities of the aggrieved, constituted by Folios 163-166.

12.            The email dated the 5th of October 2010 of Folio 200 sent by the accused to the aggrieved in which he solicits the 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 of the 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 Iquitos 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 MATSES 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 clarifies that the NGO MATSES “Movimiento Amazonico para Tribus Sostenibles y Economias Sostenibles” 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 – using 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 Mr Daniel Manquid Juimenez Huanan, as President of the NGO “ MATSES” 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 information 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.

 

17.             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 DOBBRATZ, 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 mentioned that the aggrieved presented himself in the Red Ambiental Loreto as a business man interested in the theme of environmental services and that he wished to communicate with communities who had title to their property and with whom he may be able to touch upon the matter of offering environmental services, agreeing to a meeting with the Chiefs (Apus) and on a second occasion he met with him in 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 offer 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 complainant 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 MATSES territory to inform 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 of Yaquerana, Province of Requena, 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 NILSSON. He states that he has knowledge of the existence of the denominated “Movimiento Amazonico para Tribus Sostenibles y Economias Sostenibles M.A.T.S.E.S.” but that this organization does not belong to the Native Community MATSES 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 MATSES 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 own behalf as director of the NGO MATSES 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 Foilios 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 aggrieved 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 involved 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 web page www.matses.org published in the internet and that the publicity costs associated with it are paid by the accused whom he has known since 2006 and with whom he maintains a relationship of friendship to this date. He also acknowledges that he is involved in a judicial process involving false 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 greater 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 to 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:Organic 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:

1.            That the declaration of information of the accused Dan James Pantone Dobbratz be obtained, notifying him according to the law.

2.             That the police, penal and judicial record of the 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 information 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 shall 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 1 of Law No. 28117 published the 10/12/2003 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 151, 161, 186, 201, 207-C sub-clause1, 411, 427 first paragraph and 438 of the Penal Code not be formalized given the reasons established in Resolution No. 002-2012-5ta FPM-MAYNAS 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, 2nd Feb 2012.

 

 

 

 

 

 

 

 

 

 

 

 

 

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