1. On April 10, 2006, I executed contract to purchase Plaza Hotel Curacao (“Plaza Hotel”) from Van der Valk Plaza (Curacao) B.V..
2. Adele van der Pluijm-Vrede (Adele), a Civil Law Notary and Deputy Governor of Netherlands Antilles, presently Curacao, a both positions appointed by the Crown of the Kingdom of Netherlands, was hired to handle the closing in a accordance with the law.
3. Following several meetings and discussions, a plan was put together which would consist of the following, Plaza Hotel purchase would consist of two parts. One would be exclusively real estate/hotel ownership; the other would be the overall management of the hotel ownership.
4. On the real estate/hotel ownership side, a Netherlands Antilles corporation called Fort Shore N.V. (“Fort Shore”), was opened consisting of three (3) owners/shareholders, Frank Buscemi (“Buscemi”) through Fort Coast Group N.V. (“Fort Coast”),Layne Rachowicz (“Rachowicz”) through South Sky N.V. (“South Sky”), and myself Barney Ivanovic (“Ivanovic”) through Ocean Side Management N.V., (“Ocean Side”) each with an equal one-third interest thereof. In order to secure the financing, Girobank N.V. (“Giro Bank”) recommended that the parties open a company in the British Virgin Islands (BVI) for the purposes of depositing all of the shares of Fort Shore as collateral for the $ 10 M loan. Accordingly, I opened up Bayside Holding Group Limited on September 11, 2006. Overseas Management Company Trust (B.V.I.) Ltd., (“OMC”) a Registered Agent and provided Registered Office in Tortola, British Virgin Islands.
5. On the management side, another Netherlands Antilles corporation was opened, called Metro Group B.V. (“Metro”). Metro had twenty-one (21) shares issued, eleven (11) for myself, Ivanovic through Ocean Side and ten (10) for Buscemi through Fort Coast. Rachowicz had no ownership interests/shares in Metro.
6. On September 28, 2006, I executed a document called `Appointment of the Master” (EXHIBIT 1).
7. The Appointment of the Master (“Appointment”) specifically appointed/assigned items C and D thereof to Metro Group B.V. (“Metro”). As stated, this assignment (to Metro) only dealt with the management part of the Plaza Hotel Curacao business.
8. At the closing, on October 3, 2006, Adele was responsible for the preparation of all of the documents and instruments necessary to effectuate purchase of the real estate/hotel and management. First, she was to close on my purchase itself. Second, she was to effectuate the management of the hotel by Metro through the Appointment of the Master and, third, she was to accomplish the ownership of the real estate/hotel by Fort Shore also through an Appointment of the Master.
9. On November 29, 2007, I, through Ocean Side executed Shareholders Agreement (“Agreement”) between Buscemi through Fort Coast and Rachowicz through South Sky whereby I would be buying out their respective shares (EXHIBIT 2). Adele was hired by Buscemi, with my approval to prepare documents to subject matter in accordance to law.
10. This Agreement was subject to consent and approval by Giro Bank which came with some conditions, which were never met.
11. This closing was scheduled to be on February 16, 2008, but did not occur for several reasons, including but not limited to the condition for Giro Bank approval has not been met, an audit/accounting by Price Waterhouse had not been accomplished, no certificates of good standing and original shareholder register for Bayside were provided and there was a lien clouding the title to the property that had not been satisfied and removed.
12. On February 16, 2008, Adele prepared and executed document called “Deed of nonappearance” (“Deed”) (EXHIBIT 3) without proper documents, for purpose to secure improper advantage for Buscemi and Rachowicz to obtain and retain Plaza Hotel Curacao business. As per Adele Pauline van der Pluijm-Vrede declaration dated September 28, 2011 (EXHIBIT 4), she declared that her official duties are Civil Law Notary and Acting Governor of Curacao, which constitute for her to be Foreign Official.
Further, Adele intentionally interfered with my contractual and business relation with Frank and Layne without my knowledge.
13. On March 1 st, Buscemi and Rachowicz tasked armed Speedy Security guards, George “Jorge” Jamaloodin and Chester Peterson to remove me from Plaza Hotel by any means. Further, to deny me freedom of movement, freedom to operate business and freedom to enter my apartment
14. On March 1, 2008, while I was conducting daily routine hotel business, I was aggressively approached by two armed uniform security guards employed by Speedy Security, both of the guards had guns in their hands. I asked Aloysius Petrus “Lou” Roelofsen (“Lou Roelofsen”) a Plaza Hotel General Manager and Gina Martina Plaza Hotel security employee, to call police because armed men are walking through the hotel and causing disturbance among hotel guests. Feeling uncomfortable and concern for the safety of hotel guests and employees, and due to no response by police up to that moment, I went to my office and called police myself.
15. On March 1, 2008, while I was in my office, Chester Peterson and four Speedy Security guards, two of them armed entered my office. Peterson gave me a paper and ordered me to leave my office and Plaza Hotel. Further, that I am not allowed to enter the Hotel from now on and that they will take me out one way or another. Upon my order to them to leave my office, I was attack by one non uniformed guard, who by force grabbed my left hand and pulled me from my chair, when I resisted this attack in self defense, one of the
uniformed guards draw his gun, noticing drawn gun and under the treat to be killed I surrendered. Further, two in uniformed guards grabbed me, twisted my arms behind my back and grabbed my shoulder causing severe pain and as later observed caused bruises on my wrists and shoulders. Further, they pushed me against door frame then pushed me against wall prier to exiting my office. Holding my hands and shoulders they were pushing me in direction to the Hotel entrance. In the middle of the corridor we encountered two Curacao Police officers, one female and one male. I requested from them to protect me from this attackers and to make report. They refused. Following conversation between Police, Peterson and guards in a foreign language that I could not
understand, my arms were twisted harder causing even more severe pain, and by holding my hands and shoulders before the Hotel employees and guests I was pushed down the Hotel entrance steps. I was denied by order of Police to enter my business, my apartment, access to my personal belongings and money. Further, Police obstructed me in securing evidence recorded by Plaza Hotel security cameras. This attack could constitute to be armed robbery, trespassing, kidnapping, battery and assault with deadly weapon with intent to kill but not limited to. Police refused to secure crime scene, hare witnesses and write report, they advised me to go to the Court (EXHIBIT 5).
16. By this attack on me, on March 1, 2008, my business, documents, apartment, personal belongings and money were stolen from me. I was left on the street without means to live. They stole my livelihood.
17. Upon discovery hearings, I learned that this was pre meditated and well planed attack on my freedom and business. Further, I learned that Lou Roelofsen did not complied with my order to call Police and obstructed Gina Martina in complying with my order, by ordering her not to call police on my behalf under the threat that she would lose her job if she did call Police.
18. I hereby request the Court to grant me a forensic restoration of crime scene in Plaza Hotel Curacao as did happen on March 1, 2008.
19. On March 13, 2008, case number: KG 55/2007, the Court orders Fort Shore to grant the management of Ocean Side Management N.V., in its capacity as Metro’s director, including Mr. Ivanovic, as of 14:00 hours, of Friday, March 14, 2008, unhindered access to the Plaza Hotel complex, in order to allow Metro to resume the hotel’s management.
20. On March 14, 2008, case number: AR 61/2008 KG the Court ruled that Rachowicz and Buscemi through Fort Shore took vigilantism in their own hands with reference to attack on me.
21. On March 18, 2008, in e-mail, I questioned Adele’s Civil Law Notary and Acting Governor function and integrity, (EXHIBIT 6). Adele willfully, maliciously and intentionally inflicted mental suffering by issuing misleading documents, as well intentionally interfered with my contractual and business relations causing irreversible mental and financial damage to me. Further in her capacity as a foreign official issued misleading documents to secure improper advantage for Buscemi and Rachowicz in order for them to obtain and retain Plaza Hotel Curacao business.
22. On April 11, 2008, case number. AR 60/2008 KG, Ocean Side was ordered to sale share in Metro a Curacao company and in Bayside a British Virgin Island company, under influence of misleading document prepared by Adele a Civil Law Notary and Deputy Governor and her conversation with Judge mr. P.W. van Schendel. Ocean Side shares were to be sold without factual documents, just cause and due process. Further, Curacao Court has no Jurisdiction over Bayside in this subject matter.
23. On May 5, 2008, Adele willfully and intentionally executed documents without compliance to court order and compliance with the law. Upon many requests, as of today Adele failed to provide legal documents to me with regards to this matter.
24. On June 2, 2009, case number. KG 60/08 — H 197/08 , Court of Appeals set aside judgment dated April 11, 2008, case number: AR 60/2008 KG. Further, reversing sale of Ocean Side shares in Metro and Bayside. Further, clearly indicate legal function of Adele, a Civil Law Notary with regards to the November 29, 2008, Agreement (EXHIBIT 7)
25. As per instruction of Adele, I on several occasions requested from Anibel Maduro (“Anibel”) and Maduro & Partners a accounting firm with address at Perseusweg 27, Willemstad, Curacao, to provide to me Bayside’s corporate documents, records and shares ownership. Anibel refused to provide documents requested with answer “go fly a kite”.
26. On many occasions I requested from Overseas Management Company Trust (B.V.I.) Ltd., the Bayside Holding Group Limited Registered Agent, to provide documents and records of Bayside. I had requested documents from Ms. Marcela Lombardo, Regional Vice President Americas & the Caribbean, Overseas Management Company; Ms.Geidis Dixon and Ms. Jineth Medina, Customer Service, Overseas Management Company, Delta Tower, 8th floor, Elvira Mendez St. & Via Espana # 122, Panama Republic of Panama; Ms. Sandra Vasquez and SalIr Husein, Overseas Management Company Trust
(B.V.I.) Ltd., OMC Chambers, P.O. Box 3152, Road Town, Tortola, British Virgin Islands. Bayside’s Registered Agent refused to provide documents requested regarding subject matter.
27. On November 4, 2009, I filed complaint in Notarial Court against Adele (EXHIBIT 8).
28. On January 26, 2011, I requested from Adele all legal documents prepared and executed by her to be made available to me. As of today Adele failed to comply with my request and failed to comply with her own Declaration, dated September 18, 2011 filed with US District Court (EXHIBITS 9 and 4).
29. On November 10, 2011, I was summoned to appear before Notarial Court in Curacao on December 9, 2011, to be heard concerning my complaint against Civil Law Notary Adele Pauline van der Pluijm-Vrede (EXHIBIT 10).
30. On December 9, 2011, during Notarial court hearing, I was given opportunity to testify before Panel of Judges, consisting of mr. L.C. Hoefdraad a President of the Court, mr. E.M. van der Bunt a High Court Judge and mr. H.TH.G. Simon a Civil Law Notary. Upon my testimony Adele testified. Upon completion of this hearing, mr. L.C. Hoefdraad announced that findings/ruling from this hearing will be rendered on January 20 th, 2012.
As of today ruling was not rendered and I am denied transcript from this hearing (EXHIBIT 11).
31. This attack on me raised many questions among media, investors, lawyers and local community with regards to investing in Curacao. Further more questions in ability of Curacao Court to deal with interpretation and implementation of law.
32. It would be greatly unjust not to state that I was given unconditional support and hospitality by Curacao community including numerous apologies for the crime happening in their Country. I am thankful to my Curacao and Dutch friends for their support and their concern in these difficult times. Further, I was given access to all levels of media.
33. In search for Justice I requested for help, investigation, information and discoveries in these matters by Police, Mr. WA Petronilia a Detective, Mr. Carlos Casseres a Chief of Police and Mr. Marlon Wemet a Chief of Police; Mr. Dick Piar a Attorney General; Mr. Gilbert Joubert a Justice Department; Ms. Magali Jacoba a Minister of Justice of the Netherlands Antilles; Ms. Emily de Jongh-Elhage a Prime Minister of the Netherlands Antilles; Mr. Pedro Atacho a Chairman of the Parliament; Mr. Morillo a Government a Licensing Department, AJZ, Afdeling Algemene en Juridische Zaken; Mr. Reynold Nivillac a Gaming Control Board; Mr. Eric Garcia a Director of Girobank N.V.; Mr. Lionel
Capriles Jr.-Chicu of Maduro & Curiel’s Bank; Mr. F.M.d.I.S.Goedgedrag a Governor of Curacao; information to these subject matter was forwarded to Mr. Gerrit Schotte a Prime Minister of Curacao, but not limited to. No one ever came forward with any questions or documents.
34. Upon informing Mr. Gerrit Schote, presently a Prime Minister of Curacao, of these subject matter, I received response from Mr. Robbie Dos Santos, referring to his brother doing his job. Further, upon my response to Mr. Dos Santos e-mail I received answer by Eng. & MBA Fernando H. Dos Santos J., he never responded to my answer.
35. As of today I could not obtain information regarding status of Plaza Hotel
business/operating license, Casino license as well who legally owns Plaza Hotel
36. On April 20, 2011, Christian A. Peterson a brother of Defendant Chester Peterson advertised for him having exclusive rights given to him by Defendant Layne Rachowicz to sale Plaza Hotel Curacao or shares. On my request on May 19, 2011, for Mr. Christian A. Peterson, a Managing Director of PNE Management & Advisory Services N.V., located in Curacao, to produce legal documents regarding Contract to sale Plaza Hotel Curacao and Casino, and as well proof from Defendant Layne Rachowicz him having ownership
and rights to sale Plaza Hotel Curacao and Casino, he never responded on my requests.
37. On June 23, 2011, I filed complaint against Adele Pauline van der Pluijm-Vrede and various defendants in UNITED STATES DISTRICT COURT, Southern District of Florida, case number: 11-cv-80726-KLR.
Declaration given by Barney Ivanovic