Miami Attorney D. Fernando Bobadilla Successfully Kept Civil Theft Case Moving Forward Despite COVID-19 Challenges
Just as Miami courthouses closed as a result of the COVID-19 pandemic, Miami Circuit Court Judge Veronica Diaz awarded a $3.81 million final judgment to an Israeli company in an international banking fraud and identity theft case.
“It took four years, but our client prevailed, despite the defendant’s evasion and delay tactics, plus the challenges of the COVID-19 pandemic in recent months,” said D. Fernando Bobadilla, founder of The Bobadilla Law Firm in Miami, who represented Israel-based ACS International Projects, Ltd. (ACS International) throughout the case.
In 2016, Petróleos de Venezuela, S.A. (PDVSA), Venezuela’s state-owned oil and natural gas company, sent international wire transfers of $1.56 million intended as payment to ACS International for water treatment services. However, Yair Barak, a disgruntled former ACS International partner sometimes residing in Aventura, diverted the wires to himself by forming a fake Florida corporation using ACS International’s name. Barak opened a sham Miami bank account for the fake corporation and had PDVSA wire the funds there.
“Our biggest victories came at the beginning and at end of this case,” said Bobadilla. “Immediately after learning about the theft, my firm, along with ACS International’s New York counsel,persuaded the Miami bank to freeze the funds to prevent them from leaving the U.S.” Thereafter, Bobadilla obtained an emergency preliminary injunction from Circuit Court Judge John Schlesinger freezing the $1,566,921.20 in the Barak-controlled Miami bank accounts but allowing the bank to return the funds if it chose. Judge Schlesinger commented at hearing: “Normally you would find an empty bank account and a warm cup of coffee.”
After several months of litigation, Bobadilla’s strategy succeeded. The bank returned the funds to PDVSA, which then delivered them to the authentic ACS International.
ACS International tried to have state and federal criminal charges brought against Barak without success. Nevertheless, Bobadilla pursued a four-year civil action to recover triple damages pursuant to Florida’s civil theft statute, as well as attorney’s fees, from Barak. Throughout, Barak maintained Fifth Amendment silence denying ACS International information and avoiding potential criminal prosecution.
On July 13, 2020, the last day Miami courts were open pursuant to a Florida Supreme Court administrative order, Judge Diaz entered a $3.8 million final judgment for Bobadilla’s client and subsequently ordered that ACS Internationalwas entitled to recover attorney’s fees. On September 30, 2020 Judge Diaz will set the amount of fees based on ACS International’s $279,000 demand.
“I was afraid the COVID-19 pandemic would delay justice for my client, but we were able to keep things moving forward using video appearances,” Bobadilla said. “With this judgment, we have prevailed in all aspects of the case.”
About the Bobadilla Law Firm
The Bobadilla Law Firm is a bilingual, specialized, business litigation and intellectual property boutique law firm committed to providing clients personalized legal services efficiently and with excellence. The Bobadilla Law Firm serves clients transacting business in Florida, throughout the United States, Latin America and Europe. The Bobadilla Law Firm is located at 20900 N. E. 30th, Suite 800, Aventura, FL 33180 and can be reached at (786) 446-8643; www.bobadillafirm.com; info@bobadillafirm.com.
