The superintendency of companies last Wednesday, March 22, revealed details of the judicial intervention process of DMG Grupo Holding SA, the illegal pyramid created by David Murcia Guzman in the early 2000s.
(You can read: «If you say something, they will persecute you»: David Murcia’s confessions after 15 years)
On its official website, Supersociedades contextualized that DMG’s intervention began «as a consequence of the unauthorized massive fundraising operations of public money carried out by Mr. David Eduardo Helmut Murcia Guzmán and other natural and legal persons.»
It should be remembered that Murcia was extradited in 2010 to the United States where he served a sentence for money laundering from drug trafficking. and returned to Colombia to serve a 30-year sentence for money laundering and massive and habitual collection of money from the public. He is currently in the ‘La Tramacúa’ prison in Valledupar (Cesar).
In a ten-point pronouncement, Supersociedades gave details of the process file.
Initially, it specified that «the intervention process, in which the takeover measure was directed first and then the judicial liquidation measure, has the exclusive purpose of returning the money collected by the intervened subjects, in accordance with the resources and assets that can be made available to the process».
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He then explained that actions have been carried out aimed at linking all the assets that make up the assets of all the intervened subjects, including cash, for which seizure and seizure proceedings have been carried out on the movable and immovable assets related to the process.
He pointed out that the designated intervening agent, María Mercedes Perry Ferreira, «recognized 193,302 people affected by the unauthorized collection activity, whose claims amounted to $1,041,631,416,623.»
It added that between money and assets, «in the intervention measure for taking possession, $57,284,032,037.07 was seized, while during the intervention measure for judicial liquidation, assets worth $107,243 have been made available to the process. 396,040».
What did he say about Transval?
The Superintendence of Companies also explained the actions that have been carried out with respect to Transval LTDA, the securities transport company intervened due to the links it had with the unauthorized fundraising operations of money from the public carried out by DMG Grupo Holding SA
(Do not stop reading: Panama: David Murcia, founder of the DMG, is sentenced to 10 years in prison)
In this sense, it stated that «808 movable assets worth $83,481,858 were found, four real estate assets valued at $1,165,897,500 and cash was collected for $9,385,904.96.»
808 movable assets valued at $83,481,858 were found, four real estate assets valued at $1,165,897,500 and cash was collected for $9,385,904.96.
Regarding the money recognized to those affected, he stated that «with the money and assets seized in the process –including the aforementioned from Transval LTDA–, A total of $96,969,092,137 has been returned, broken down as follows: $41,548,190,590 in the measure of taking possession; and $55,420,901,547 throughout the judicial liquidation as an intervention measure».
It added that of the $107,243,396,040 seized in the judicial liquidation intervention measure, three lots located on the northern highway of Bogotá were valued at $64,656,262,500, which could not be adjudicated due to various actions that arose within the framework of the process. .
Currently, the appraisal of two real estate assets for a value of $104,764,500 is being transferred, which became known in the second half of 2022.
‘The intervention is not suspended’
Supersociedad reported that the intervention process had been suspended due to the filing of a request for recusal against the Judge of the process, which was based on alleged criminal complaints and disciplinary complaints filed by the same applicant against the indicated judicial operator.
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However, when resolving the challenge, the trial judge did not defend it and sent it, for information, to the Civil Chamber of the Superior Court of Bogotá. This Corporation, through Order of March 7, 2023, declared it unfounded, which is why the process was no longer suspended.
Due to the foregoing, the Supersociedades maintained that «all the actions of the process are recorded in the intervention file and have been the object of contradiction. In this way, the rendering of accounts of the measure of taking possession and all the inventories and appraisals have been subjected to transfer within the process and the adjudication orders were subject to appeals».
Regarding the DMG case, the Superintendent of Companies, Billy Escobar, stated that «To avoid straying from the procedural reality and that the subjects who have an interest can specify any concern about the action in question, it is important that the parties and those involved in the process, in the exercise of their procedural rights, consult the file and all the actions that there they have taken place, within which are counted the orders through which valued inventories and adjudications have been approved, as well as the documents through which the controller has informed about the cash returns made.
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