OP ED: Steven– I have occasionally jumped on these issues for JB since the rhetoric and nasty comments from the “Bocas Brigade” ramped up. To be clear, PNO was aware of these issues from lawyers requesting information from us which was refused, and others contacting us from email. I am not too worried about JB receiving another CD from any attorney, as he nor I respond well to bullies. LA ESTRELLA, the most respected paper in Panama, has run this story NOT as an editorial contribution, but rather a piece composed and written by a listed and open writer on their staff. I/E This IS REAL NEWS whether people want us to re-post or not. This article comes a day after JB calls on NITO to stay true to his words that his staff is NOT going to deal in the pay to play and underhanded dealings of the previous leaders. So if people have issue with this, they should contact LA ESTRELLA, not JB. Furthermore, we have other information that ties into what President Cortizo stated yesterday will not occur on his watch. I can state that if ANYTHING related to what we have been sent comes to light or is attempted to try to get greased by, our lawyers will be sending every last piece of information DIRECTLY TO NITO CORTIZO and then people will see that JB has been fair and even handed through this. There are some shady people in his cabinet, and if not addressed, they will come to light.
This issue here affects all the Americans that are contacting us via email as it has NOTHING to do with the Polo Beach issue. This has to do with land, lots, condos, etc being marketed and sold to possibly Ex-Pats, under less than transparent circumstances. Those concerned need to contact others, please do not kill the messenger or the inbox. We sat on this and now it’s out.
______________________________________________________________________________
https://www.laestrella.com.pa/nacional/200129/200128-demandan-nulidad-titulo-finca
Lawsuit to annul the titles of the Red Frog Beach projects property
The Supreme Court of Justice (CSJ) has admitted a lawsuit filed recently by Semper Fidelis Development S.A. Requesting that the government annul the titled property number 121 on Isla Bastimentos by the former Directorate of the Reforma Agraria, which today is in the hands of the developers of the Red Frog Beach Project, owned by Bastimentos Holdings, soon to be declared void.
According to the lawsuit filed by Semper Fidelis Development SA, the properties were originally titled in the name of Castora Sánchez through resolution 1-0259 of 1979 in direct violation of Law Number 37 of 1962 that established that the maritime islands could not be titled either provisional titles or definitive titles, and in any case by legal logic they could only at that time title mainland properties in accordance with the law.
Sanchez would have further violated the law by transferring said properties for sale to Bastimentos Holdings, which in turn has caused further legal ramifications to this group of foreign investors.
Other provisions of the Agrarian Code were also violated, such as the regulations related to the fulfillment of the social function of land, the limitation of 50 hectares by law for definitive titles, taking into account that the properties now in the name of Red Frog are both over 171 hectares each exceeding the limit of 50, says Semper Fidelis Development SA in their lawsuit.
Article 64 of Law 37 of 1962 clearly states that: the titling of state-owned land will be final when the requested property does not exceed 50 hectares. The titling of state lands will only be provisionally given when the request exceeds 50 hectares. In extensions greater than 50 hectares, the beneficiary will expressly commit to enforcing the social function of the property at least 20% and must be located on the mainland.
“As we have noted that islands were not subject to titling at all by mandate of Law 37 of 1962, it follows from this case that the government official from the Reforma Agraria that granted the original title used the procedures applicable only to mainland properties thus, improperly applying the procedures of granting the definitive titles as if the properties were smaller than 50 hectares “which is why the limitations contained in articles 27 and 64 of the aforementioned law have been openly violated ”, emphasizes the lawsuit to annul the titles that the Red Frog Project possesses today.
The lawsuit also mentions that Mrs. Castora Sánchez was expressly prohibited to transfer the properties including the property of 171 hectares, “she could only acquire the power to utilize them personally and could only transfer them to her heirs at the time of her death, assuming she had fulfilled all other conditions and required social functions.
In addition to requesting the annulling of the titles of this property on Isla Bastimentos, Semper Fidelis Development S.A. asks the Court to instruct the competent authorities to proceed and comply with the mandate to seek the recovery of these properties that have illegally been granted and transferred that belong to the Nation. “It has become clear that the resolution N1-0259 of 1979 was granted in open violation of the basic legal norms regulating the titling and sale of land to the detriment of the principles of strict illegality and the commendable grounds for which the Agrarian Code was created during this time ”, cited the lawsuit to annul the titles.
Sources linked to this case have warned that the Red Frog development project may have already taken monies from investors who are now at risk today because they have not been warned that the properties being developed may have been illegally titled.
According to the proposal given to its investors, mostly American citizens they would recover their invested monies from the future sale of land, houses and condos that to date have not been built on these illegally titled lands.
“It may have never been brought to the investors attention these titling problems that Joseph Haley has known about since 2006 regarding the titles that are currently under adjudication specifically property 121,” said a representative of Semper Fidelis Development S.A.
The local Bank that maintains mortgages on these properties whose titles are in question to be determined by the Third Chamber of the Supreme Court is Global Bank.
By Yelina Pérez SánchezLa Estrella
Hi JB. This article was just forwarded to me from a concerned friend. I’m trying to get some straight answers as to it’s validity and what this means. I have inserted my email address below and would love to privately understand your point of view on this article if possible.
Cheers!
Hi Steven,
Don’t Isla Colon, Solarte and Carenero all have titled property and would this impact them as well? Do you know or can you find out who Semper Fidelis Development SA is and what is their motivation to file this case and are they related to Six Diamonds? There are U.S. Citizens (almost all) that have owned titled property in Red Frog for almost 15 years. If this is Richard Kibbler taking this action isn’t it time for Panama to take criminal action against him or Joe Haley, they can’t both be right and their actions are damaging all and we are very tired of their 12 year fight.
Anyone can filed a sala tercera demanda. The issue here is that they only get admittted if theey have merit. Verified the law of reforma agraria when this finca was titled and its says exactly what the demanda states.
Roverto, so what you are saying is that Isla Colon is an island and Buena Vista Cafe is a titled property on that island. That property was purchased by Juan Pablo and Kelly in the last 5 years and Kelly’s father came form Michigan and helped move their business and build out the cafe; and someone like Semper Fidelis Development SA can just come in and take it?
Semper fidelis o no one gets this. This lands if found ilegally titled go back to the Nation of Panama and to the Locals of Bastimentos. Simple. Its actually on the demanda.
My friend who owns or think he owns a Place in Red Frog ja ja ja today got a letter from Joseph Haley himself Trashing the Newspaper la Estrella de Panama , the oldest most Prestigious Paper in Panama today. Nobody reads la Prensa because they are Bias always and Nobody reads Panama America because they are also Bias. The guy actually wants his investors to pressure the President of the Country thinking that he will break the Law for him or something. This guy is the Perfect Profile for an Episode of American Greed , I should start collecting alll of this info to sell to that NBC show the documents and story because its gona have to be a 2 part episode. The Title should be !Money for Nothing and the lies For Free! 180M in deposits for 50 houses and one small condo building. Unreallllll And he wasnt done yet!!!!
“Anonymous”
I appreciate the questions, but I nor PNO have had any communication with Semper Fidelis at all.
We had plenty of contact between people from SDRI/Tres Cruces, in as much is exhibited openly on JB’s blogs.
Without getting further embroiled, I can tell you that Mr.Kiibler had zero to do with us being made aware of this particular action by Semper Fidelis as it relates to Red Frog Beach. I was made aware of this through my legal friends as the author at LA ESTRELLA was gathering information for what was printed yesterday. I initially thought it was more about the Polo property before I came to find out it was something else entirely.
My opinions of Mr.Haley’s interactions with JB have been made clear. That is why I am essentially buffering anything disseminated, and furthermore we purposely did not do a post of this pending battle over titles to ONCE AGAIN, avoid appearing like we have a side in this fight.
What I do have is an opinion, and I do NOT TRUST Mr.Haley. This is based off email and phone exchanges he had with JB, and the manner in which he addressed the opportunity to be interviewed on the site.
It seems if Mr.Haley is not going through ancient history or consistently calling other people thieves, land grabbers, profiteers, under handed political dealers, etc, than he has nothing to say. Direct answers are not given or provided even when we presented the platform for him to do so.
As to your question of what “Panama” can do?,,,I have no idea. I have felt that the institution is corrupt and as much has been echoed by President Cortizo lately. He has made ridding his nation of this type of stuff almost a rallying cry. Yet in the small amount of time he has been in office, his cabinet and ministers have ALREADY been caught with their hands in the cookie jar. It’s a mess. I am not licensed in Panama, and seeing all these different laws and issues arise are out of my purview. But then again, I am not selling land and condos in Panama. The fiduciary responsibility to assure these things don’t occur falls on the solicitor PRIOR to marketing a product to the public. Would anyone have ever purchased anything if they knew this crap even had the most finite chance of occurring?
As you mentioned, this has been going on for years we have come to see. And according to my opinion as a US counsel, I reviewed that Tres Cruces has a title of the other questioned property, and there is shady dealings occurring to attempt to remove it. That is simply according to the actual PUBLIC REGISTRY in Panama. The arguments against it are all hyperbole surrounding little men that eat rats from trees, claims of violent intimidation, attacks on character, and overblown accounts of “invading” of properties. Just bluster in my opinion.
Please read the last comments I formed over this back late last year. It rings the same today. If they have a title that was granted by the Supreme Court, and you disagree with it, your fight is no longer with the defendant, it is with the Governing body that granted it. It’s as clear as crystal. The defendant is NOW the REPUBLIC OF PANAMA, and NOT Tres Cruces. The onus was on PANAMA to perform the due diligence PRIOR to granting the title, and if they were incorrect the onus now reverts to the Plaintiff to show why. We were told it was done on the last day in office was a big part of the defense. From a legal perspective IRRELEVANT. There were hundreds of other actions that took place on that day that are just as valid. There is going to be a “LAST DAY” in every administration, if not it would just continue NO? The optics may look a certain way, but in the eyes of the law it was a work day like any else. If that is a arguing point for your case, I would have to strongly advise against it.
I deal with Q and A, and the answering of a question with a fact and not an accusation. That has NOT occurred with Red Frog and PNO. Rather Red Frog wanted to attack JB over a year ago with their incompetent counsel for allowing a reader to state his sister and brother in law were bilked of monies. At that time they were unaware of both the character of JB, and the resources he has at his disposal. We posted every last word Mr.Haley sent us even as I was fully opposed to doing so. He used PNO to not answer questions but simply rebuke and mud sling against Tres Cruces and Kiibler.
JB did not even get a thank you, and Red Frog was reduced to using MetroLibre to release something and that paper is truly a pay to print rag. More reasons why we stopped posting.
Attempts to contact JB after the fact were ceased by me. Multiple requests to speak with him privately over the phone were met with “please provide your questions in writing”. We received nothing.
Read back the archives, we are no longer trying to foster a settlement or promote dialogue here anymore. That was rebuked. JB legit wants to help Americans that are either already here or have invested monies. If there are legal battles to be undertaken, I would NEVER recommend that any American engage a Panamanian firm to represent them, I would consult your own counsel privately in the States and get a true opinion based on your individual situation.
As far as a CRIMINAL charge as opposed to CIVIL, I can’t advise as I am not privy to documents. The one distinguishing factor I do see however, is that apparently Tres Cruces and I would imagine Semper Fidelis is comprised of shareholders and investors that are part of a group initiative. I/E I could be wrong, but they are investors that came together to acquire land and then go from there. The Red Frog apparatus is different in that they are actively soliciting and selling a “product”. They are saying if you invest “A”, you will get “B”, and “B” will be a potentially cash flowing property. They have a Sales office to the public and a website presence in which a product is being sold to people. In that respect,if that land is being promoted as “Owned” and “Titled” when it is NOT, or if it is NOT being shared with investors PRIOR that there may be issues surrounding their purchase, then that would be defined as a big problem if the client was mine in the US. We have not been able to locate a single insurance underwriter that will bind a Title policy in Panama at this time. I would ask if that type of information is being shared PRIOR to investment.
As we stated, we have had so much information sent to us regarding the back and forth here that we have essentially checked out. If something appears in the Open Press, JB (as does everyone on the Planet) can post and opine accordingly. I can clearly state that JB truly tried to help both of these groups and especially the people that are invested on both sides.
There have been an inordinate amount of people from the US sending JB emails and wanting him to post things…..He has not. He nor I are investors in Red Frog Beach. Period.
So being professional and not having access to all discovery and communications, there is nothing in good conscience we can add.
Any American that has a need for answers or has uncertainty about what is occurring, should contact an informed attorney in the US and obtain the facts,
We hope EVERYONE comes up on high ground in this situation, and that no American ( or anyone for that matter ) comes to find out the opposite to be true. Regardless of what group you side with, investing hard earned capital and dealing with this for over 10 years is IMHO nothing short of horrible for all involved.
Appreciate the comment.
Regards
Anonymous,
Let me see if I can shed some light on the issues here. First, Haley calls Kibbler and the Tres Cruces guys invaders and land thieves for walking on the beachfront property that they legally purchased and RF disputed. The Supreme Court after years determined TC owned the entire beach and it’s Rights of Possesion. They have workers there that have been employed and never left in 14 years. Later the land authority after years in process grants TC the title. Then Haley attacks and files another lawsuit and after years in the courts it’s determined there was a alleged missing inspection and on that the court orders to annul the title which grants nothing to RF but it’s hailed as a victory. Then Haley uses resources from I would guess his investors or home buyers to further try and hold up and by illegal force maintain a presence on TC property. It can only be assumed but not verified that’s to protect his own skin based on promises to many people that property belonged to them. Perhaps even having sold or used that property as some form of a guarantee. If that’s true that could be a bad thing. Another three years TC spends getting the flaw and technicality resolved with the land authority to then be called corrupt land thieves etc. once again and still called intruders by Haley walking on purchased, awarded by the Supreme Court in an unappealable decision and then twice given title. Which Haley continues on a daily basis trying to continue to attack. Why would he do that? Ask yourself why would he continue to try and take this land from TC? Also, ask yourself is Haley using his own money for all of these legal fights? Paying security? Illegally building bridges and huts. Or is he using perhaps investors money? Money meant to go into the project? Money being paid by homeowners for maintenance on their villas? Or maybe he’s using Blue Seas Capital raised specifically for that cause and using the illegal titles as a guarantee. Monies that could and be should used perhaps fixing other issues? There must be a bigger reason as to why he continues to disregard the Supreme Courts decision and disputing the land authorities who have been crystal clear as to owns exactly what…. you may be on to something when you bring up criminal activity and perhaps that’s what he’s fighting to keep from happening.
Regarding the Red Frog potential illegal titles that’s another very interesting topic. If Haley did know in 2006 that his properties were titled 1979 a time when it was clearly illegal titled title land and he continue to promote and sell that could be something of a rather serious issue. Heck, if he didn’t know I see it as a rather big problem too. Maybe that’s why he didn’t start building on those illegal titles and started building on the property that was Rights of Possession first. That might make since. Anyone remember a guy named Ken Lay and Jeff Skilling from Enron? Promoting a 1500 acre resort when at least 1000 acres were titled at a time that titling islands was prohibited. I would only guess that now that is out in the open that they will continue to promote and sell as if nothing happened. I don’t expect to see the website change and actually acknowledge their pending legal issues. I don’t expect anything will change in the pitch or tenor of sales efforts at all. If you buy a stolen car and you know it or find out and you make the decision to try and sell that problem to another person/victim what does that make you? Not to mention trying to take someone else’s land that has already been adjudicated. Wow. You may be on to something Anonymous with your ideas of criminal issues. I’m not 100% certain but guaranteeing 15% returns on a security or even a piece of real estate to American’s might not exactly be legal also. That may be a blue-sky laws violation I’m going to look into that…. Touting great returns from homeowners on the website with untruthful testimonials….. hmmm. That could actually erroneously influence a potential buyer I think but I’m not sure if it could be classified as false or misleading advertising. You might have some sort of ethical responsibility when you are selling and marketing a product as noted by Steven. Hmmmm. I wonder if any of the other newer titles might have flaws that could result in them being annulled?? Similarly to how the TC title was attacked and later annulled? Hopefully no steps where skipped or rules bent or broken that would further affect the innocent investors at RF. The best part is when Haley attacks titles it’s completely justified. He is beyond reproach but when others expose his more serious issues he’s a victim. Rallies the troops and tells all of his victims/clients that they are being attacked but doesn’t accept the blame in any way shape or form. Anonymous, I truly think you are on to something regarding the RF leadership. There have been lots of misleading and false representations to the Blue Seas guys it’s dark. You probably haven’t ever heard of them but they are a group of investors within the inner most circle of that organization. Lots of people have lots of reasons to start doing more than just ask questions that get the same rhetorical responses from Joe. It’s time for the Jenga blocks to start falling. Whether it’s lack of transparency, non disclosure of actual pending legal issues, “Black Friday Sales” on real estate, guaranteed returns there’s a lot going on here. I wouldn’t be surprised if we find out there’s even more to come. I’ll be shocked if this doesn’t end up on CNBC. I know the whole story and it’s dark.
Dear Anonymous. I cannot speak for Roberto o Roverto but let me clarify and reply to your question. The answer is NO! Nobody can take anyone’s property. I can’t imagine that Semper Fidelis whoever they may be are looking to take anything. That’s not the way the law works in Panama. However, I can tell you that based on the article yesterday I concur that in 1979 the law clearly stated that during that time frame when Red Frog’s title was issued to the initial adquirente from the Nation it was indeed prohibited to title island properly as was stated in the lawsuit and noted in the article from La Estrella. Henceforth, using your example of a cafe on Isla Colon it would not be an illegal title unless it was also issued in timeframe that titling islands was indeed prohibited. I hope that clears up your question. I would expect that if the Supreme Court is in agreement with the article and my own opinion the lands would revert back to the nation. By way of clarification I am a lawyer in Panama and I represent more than one buyers in the Red Frog Project that may be hurt by this.
****contact hyperlink redacted by PNO*** Not promoting either side.
David from David-
Look, I appreciate the comments which I why I generally keep them open. Barring racist or out of line name calling I try to stay out.
But you did not have a comment, you had a War and Peace diatribe.
It’s this type of stuff that has me inundated with crap from all sides.
Your knowledge of this seems expansive and if so, you can take it to a news agency or the authorities as opposed to my blog.
Nothing against you personally, but I’m getting perturbed with the prostitution of my platform.
I’m being lumped in with opposite sides of which neither I care about personally. I care about Americans getting fleeced here in Panama. Period
Regardless of whom they invested with.
The shit I’m due to provide to both Panamanian, US, and Interpol if required is gonna put an end to this banana republic charade. Sick of it.
David if your invested or have an axe to grind, please contact your counsel. I’d really appreciate the comments to be just that,,,”comments” and not dissertations. Saludos
Hello Steven/JB,
My question to Steven is the following. If the guy Joe from Red Frog was aware since 2006 as the article states he was that his properties titles may not have been legitimate wouldn’t he have had a responsibility to disclose any potential flaws? You know within the “SMALL PRINT”. Further now that the validity of their titles have in fact been called into question and will be determined by the courts I would expect they would have much further responsibilities in terms of how they convey to their past current and future clientele? What a mess. Lovely beachfront my wife and I went there several times before leaving Panama for good.
Hello Michael-
I appreciate your inquiries, but I really can’t answer them with any degree of certainty as I am not an expert of Panamanian law. I have made my opinions pretty clear of my interpretation from a US perspective.
I just feel bad for all involved that these issues have persisted for so long. It reinforces my feelings on the established system in place. As you state, you and your wife (much like JB) going there to enjoy paradise and this stuff occurs. It’s for the Supreme Court to adjudicate. Hold your breath and good luck.
Be well-
Steven
Funny this company Semper Fidelis development has no company website has no email even a physical address, if anybody with half brain can google there name and there In no developments just like the tres cruces people! Coincidence??? Maybe not!
I don’t care witch side is correct but it seems a bit strange….
But then again It is Panama an anybody can open a corporation here with the right price.
I was about to invest in Panama but I’ll just take my money somewhere else as this type of crap only makes it worse for the country and they are shooting themselves on the foot!
Amen Carl- it is a mess, and many don’t know the half of it. Stranger things going on that are much more salacious than the formation of any SA’s.
We were lucky to get a pre construction condo in the city years ago. No land or titling involved in process. Add the vitriol between these sides, common ground is a pipe dream. My issue is the Americans that may or may not even own what they purchased.
Keep your eye on the statements and actions of the President in regards to the actions of his Cabinet and appointed Ministers. If even a pinch of what I have been made privy to is true, there are some people who will have many a correspondence to explain.
Saludos- thank you for comment
“JB”
Is Billy McFarland one of the guys running this resort? Feels a lot like it to me. Geez. Best of luck to all involved. 🙏🏻
I see all this is going on at the real estate development – what about the marina? My understanding is that the marina is operated by IGY and they are asserting that they have a lease on the property until 2031, but somehow OGI has involvment. Is that a separate issue?
