Magazine Name: Revista Sin Límite Avante
We are looking to cooperate for a solution to the problems of society, sharing something of our own…. Sometimes we are distributors of exterior ideas
Sunday August 31, 2008
Ordaz and Zataráin: Unlawful Act and Impunity (Central Article, Edition No. 151)
By: José G. Rodríguez "El Zurdo"
A truculent history of impunity that was originated last century but still active in the present. José Ordaz involved…why am I not surprised…
On several occasions we have spoke about topics related to multiple and dark operations performed by different characters, with the purpose of acquiring ownership of land in both; Guaymas and San Carlos. Throughout history these two locations have been valuable loot for people in connection with political and economic power; giving an insane impression that unlimited ambition generally translates in different forms of plunder, and instead of severe punishment for this illegal act it only increases fortunes; as an evident example that impunity rules over justice.
A case of absolute legal association has been taking place for several years in reference to the area known as “Tinajas de Bacochibampo”. This surface covers an area of 176,086.00 square meters (one hundred and seventy six thousand and eighty six square meters). This area was originally acquired by the federal government through Abraham G. Haro, in 1863. At that time the interim president of Mexico was Manuel González.
After that it became the property of Mr. Manuel Aguayo, who left it as an inheritance to his nephew Juan Nepomuceno Bringas. When Mr. Bringas died he left everything to his wife Carmen Duarte de Bringas, and she had to cede the land to Banco de Cananea. This institution seized from this woman almost the total of such immense fortune, this left Mrs. Bringas practically broke.
All of that happened in May 1939, according to title document from such time, all of this is registered at the Public Register of the Property in Sonora. According to this register, this lady lost an extensive number of goods and properties for acting in rebel form before the judge of this case. The name of the judge was: Jesús María Siqueiros, judge of the first request.
After that, Mr. Francisco Fourcade appeared as the buyer:, Mr. Fourcade started to operate a corporation named “Granjas Monarca”, the activity of this corporation was real estate; and it was Mr. Fourcade the one who sold such area to Mr. Ignacio Sierra and Diego Santacruz, according to title document number 81, issued by Notary Public No. 9, Mr. Rafael Acuña Ramos; dated December 18, 1948.
In addition to the 176, 086 square meters; Ignacio Sierra acquired from the City of Guaymas adjacent lots to this property of Las Tinajas de Bacochibampo, when he found out that Francisco Fourcade, whether good intentions or not, had delivered to him plans that exceeded the number of hectares that was originally stated on the contract for buying and selling. It turned out that this property in excess belonged to the City.
Once in possession of a wide area of land with boundaries to the South and Southeast with the federal zone; Ignacio Sierra had to give a wide large area to Francisco L. Llano through Mr. Llano’s wife Mrs. Guadalupe Zaragoza de Llano; for a ridiculous amount of two hundred pesos ($200.00), in exchange for approximately 14 hectares previously invaded by Mr. Llano’s brother.
Mr. Sierra did not want to have any problems with Mr. Llano’s brother since it was his understanding they were powerful people.
Years went by and Mr. Ignacio Sierra left an inheritance of this property and other valuable goods to his son Mr. Ignacio Sierra Jr., Mr. Sierra Jr. complied with his fiscal obligations in reference to the payment of property taxes to the City of Guaymas for several years. Although, in some occasion, he got behind on the payment of property taxes; but he managed to cover such payment until last year 2007.
Nevertheless, he was previously alerted that Mr. Arturo Zaragoza and Juan Cordero intended to claim this property as their own; but without presenting the required documents in order to be able to keep the area fenced.
Next Stage: Mr. José Ordaz and the City of Guaymas entered the scene.
Before a great potential such as the area of “Las Tinajas de Bacochibampo”; appeared on this scene: Mr. José Ordaz Aguiar (Chemical Engineer and current City Officer [Regidor]. Mr. Ordaz Aguiar claimed to be the owner; by presenting first public title document (escritura) under the testimony of the Notary Public No. 79, Mr. Enrique Ahumada Tarín, dated July 29, 2003.
The contents of the title document indicated that Ordaz Aguiar acquired the property by paying the amount of $880,430.00 (eight hundred and eighty thousand four hundred and thirty pesos NATIONAL CURRENCY). Mr. Ordaz Aguiar delivered this amount to Germán Fourcade Rogers who was acting in representation of the corporation “Granjas Monarca”, allegedly this corporation was in the process of liquidation. It is interesting to see that the same corporation was liquidated in the year of 1953 and Mr. Francisco Fourcade was responsible for such process. He was authorized by the rest of the shareholders of the Association.
There is testimony of the above at the Public Register of the Property; in a way that it is difficult to explain that the corporation “Granjas Monarca” disappeared and 50 years later in 2003 appeared with Germán Fourcade Rogers as the liquidator. This suggests strong evidence for foul play, a dirty move to leave such property in the hands of Mr. Ordaz Aguiar.
But having a public title document that declared him to be the absolute owner of a property in conflict was not the only thing Mr. Ordaz Aguiar did; he also went to the Junta de Conciliación y Arbitraje del Sur de Sonora (Labor Agency for the State of Sonora) to file a labor suit precisely against “Granjas Monarca”. He got a resolution to his favor; nothing strange, if you consider that for some dark reason Mr. Ordaz Aguiar had previously visited this Labor Agency Office. He went there to file litigations that would invariably result to his favor.
The Junta de Conciliación y Arbitraje del Sur de Sonora provided a resolution in favor of Mr. Ordaz Aguiar. With this; they granted him the ownership of the area named: “Las Tinajas de Bacochibampo”, except that the plans did not match the original and correct location. This can be verified with the official copies of the case.
While Mr. Ordaz Aguiar and Cordero and Zaragoza spent time fighting each other; The City of Guaymas jumped into the scene, with Mr. Carlos Zataráin González as the Mayor. Mr. Zatarain Gonzalez and the Sindico Municipal (City’s Representative) Artemisa Lara Orozco claimed the ownership of the property. That resulted in an aggressive litigation between Mr. Ordaz Aguiar and the City’s legal team. But no result was accomplished and the case went to the hands of the new administration by Mr. Antonio Astiazarán Gutiérrez and the Síndico Hortencia Díaz Frayde.
After few brief skirmishes; the legitimate heir of the lot, Mr. Ignacio Sierra; proved to be the only legal and original owner.
Mrs. Díaz Frayde provided recognition in writing to Mr. Ignacio Sierra as the owner of the lot.
Before the City of Guaymas and Mayor Antonio Astiazarán relinquished this case; there was the event of the 5 million pesos by Catalina Ordaz de Evatt, and according to her statement; in the form of personal donation. This was refuted by her brother Mr. José Ordaz Aguiar. He declared instead; that such money was payment for the concept of purchase of demasías (portions in excess) adjacent to Las Tinajas de Bacochibampo. This was incorrect if you consider that there is no way of acquiring demasías (portions in excess) from an area in conflict. It is also difficult to explain that the Tesorería Municipal (City’s Treasury Department) received the 5 million pesos, and provided in exchange a receipt with no folio number and no official value.
After the City of Guaymas vacated the scene, the only litigation left was the one between Mr. Ignacio Sierra and the Ordaz Aguiar family; Catalina and José, as the members of an association named Atardeceres de Bacochibampo, SA de CV, and they were assisted for legal matters by attorneys (?) Edgar Alán Jaramillo and Julián Alberto León Ramírez.
Such attorneys, up to this date; have not filed the required arguments against the appeal (amparo) promoted by Mr. Ignacio Sierra. Therefore; it is presumed that the Ordaz Aguiar family has not yet found the real and correct documents in order to make their claims for ownership valid. On the other hand; Mr. Ignacio Sierra has presented complete and clear documents with background and history of the property. These documents are from the time when Abraham G. Haro bought the property in 1863. It is official and valid evidence that no judge (an honest and good intention judge) could possibly ignore.
Nevertheless, the ghost of impunity is still a threat to the case, since there is suspicion of the existence of strong interests; with the intention of preventing Mr. Ignacio Sierra from enjoying his corresponding rights that he has according to the law. His rights cannot and should not be affected by the application of justice in Sonora; especially considering that it has been positively proven through the file that there is an undercover action of theft, disguised with false documents that involve not only notary public officers but other characters as well, who have also participated in this game.
In the case of Germán Fourcade Rogers, when he claimed to be the legal representative of a corporation that was liquidated 50 years prior to his appearance as the legal representative; he simply did not stop to think about the legal consequences he had incurred. This could well be investigated by Tax Authorities, even to file for grave crimes that could send him to prison. Mr. José Ordaz Aguiar will have to explain the reasons that encouraged him to file a labor suit against an extinct/terminated Corporation; in order to get this property through a resolution. According to Ordaz Aguiar; he had previously bought such property through a Contract for Buying and Selling, under the testimony of Notary Public No. 79, Mr. Enrique Ahumada Tarín.
Mr. Ahumada Tarín made the title document (escritura), and it is evident that he did not perform according to the law; therefore, this Notary Public also incurred in violation and probable complicity with both: Ordaz Aguiar and Fourcade Rogers.
It is in this way how the Ordaz Aguiar family now faces one of their multiple conflicts at the Courts; such conflicts include the eviction of Catalina Ordaz de Evatt from the Hotel Fiesta San Carlos and Condominios Villas Sirenas. This eviction was based on a denouncement filed by Mr. Jon Mellen and based on the certainty of dirty financial strategies by the Ordaz Aguiar.
Before this legal fight against Mr. Mellen started; The Ordaz convinced Mr. Mellen to also become an associate of Atardeceres de Bacochibampo, SA de CV, and it is suspected that Mr. Mellen, because he thought that the Ordaz were acting in good faith; provided the money that allegedly Mr. Jose Ordaz (Regidor – City Official) delivered to Germán Fourcade Rogers, in order to purchase the area of “Las Tinajas de Bacochibampo”.
That is how things are; this is barely an extract of the history on a lot whose possession has encouraged insane ambitions. Perhaps one of the reasons was that this property was used to make an extensive road that connects San Carlos with Las Tinajas. For such purpose; no authority requested the corresponding permit from Mr. Ignacio Sierra to do so. Mr. Sierra is the only and absolute owner, but surely he wouldn’t have opposed such project; since this was a general benefit. A benefit for Mr. Ignacio Sierra as well; for reasons of appreciation.
In reference to all of the above: this is one more example on how the history of San Carlos and Guaymas is plagued by fraud. You will invariably find names, who claim to be great promoters of development, but they will be unable to explain the accomplishment of their goals; leaving an insane impression that ambition and impunity join forces to corrupt and plunder anybody with anything. It has been assured that in Sonora nothing or no-one will be above the law.
But reality shows a different story.
Published by: Revista Sin Límite Avante, on Sunday August 31, 2008
We are looking to cooperate for a solution to the problems of society, sharing something of our own…. Sometimes we are distributors of exterior ideas
Sunday August 31, 2008
Ordaz and Zataráin: Unlawful Act and Impunity (Central Article, Edition No. 151)
By: José G. Rodríguez "El Zurdo"
A truculent history of impunity that was originated last century but still active in the present. José Ordaz involved…why am I not surprised…
On several occasions we have spoke about topics related to multiple and dark operations performed by different characters, with the purpose of acquiring ownership of land in both; Guaymas and San Carlos. Throughout history these two locations have been valuable loot for people in connection with political and economic power; giving an insane impression that unlimited ambition generally translates in different forms of plunder, and instead of severe punishment for this illegal act it only increases fortunes; as an evident example that impunity rules over justice.
A case of absolute legal association has been taking place for several years in reference to the area known as “Tinajas de Bacochibampo”. This surface covers an area of 176,086.00 square meters (one hundred and seventy six thousand and eighty six square meters). This area was originally acquired by the federal government through Abraham G. Haro, in 1863. At that time the interim president of Mexico was Manuel González.
After that it became the property of Mr. Manuel Aguayo, who left it as an inheritance to his nephew Juan Nepomuceno Bringas. When Mr. Bringas died he left everything to his wife Carmen Duarte de Bringas, and she had to cede the land to Banco de Cananea. This institution seized from this woman almost the total of such immense fortune, this left Mrs. Bringas practically broke.
All of that happened in May 1939, according to title document from such time, all of this is registered at the Public Register of the Property in Sonora. According to this register, this lady lost an extensive number of goods and properties for acting in rebel form before the judge of this case. The name of the judge was: Jesús María Siqueiros, judge of the first request.
After that, Mr. Francisco Fourcade appeared as the buyer:, Mr. Fourcade started to operate a corporation named “Granjas Monarca”, the activity of this corporation was real estate; and it was Mr. Fourcade the one who sold such area to Mr. Ignacio Sierra and Diego Santacruz, according to title document number 81, issued by Notary Public No. 9, Mr. Rafael Acuña Ramos; dated December 18, 1948.
In addition to the 176, 086 square meters; Ignacio Sierra acquired from the City of Guaymas adjacent lots to this property of Las Tinajas de Bacochibampo, when he found out that Francisco Fourcade, whether good intentions or not, had delivered to him plans that exceeded the number of hectares that was originally stated on the contract for buying and selling. It turned out that this property in excess belonged to the City.
Once in possession of a wide area of land with boundaries to the South and Southeast with the federal zone; Ignacio Sierra had to give a wide large area to Francisco L. Llano through Mr. Llano’s wife Mrs. Guadalupe Zaragoza de Llano; for a ridiculous amount of two hundred pesos ($200.00), in exchange for approximately 14 hectares previously invaded by Mr. Llano’s brother.
Mr. Sierra did not want to have any problems with Mr. Llano’s brother since it was his understanding they were powerful people.
Years went by and Mr. Ignacio Sierra left an inheritance of this property and other valuable goods to his son Mr. Ignacio Sierra Jr., Mr. Sierra Jr. complied with his fiscal obligations in reference to the payment of property taxes to the City of Guaymas for several years. Although, in some occasion, he got behind on the payment of property taxes; but he managed to cover such payment until last year 2007.
Nevertheless, he was previously alerted that Mr. Arturo Zaragoza and Juan Cordero intended to claim this property as their own; but without presenting the required documents in order to be able to keep the area fenced.
Next Stage: Mr. José Ordaz and the City of Guaymas entered the scene.
Before a great potential such as the area of “Las Tinajas de Bacochibampo”; appeared on this scene: Mr. José Ordaz Aguiar (Chemical Engineer and current City Officer [Regidor]. Mr. Ordaz Aguiar claimed to be the owner; by presenting first public title document (escritura) under the testimony of the Notary Public No. 79, Mr. Enrique Ahumada Tarín, dated July 29, 2003.
The contents of the title document indicated that Ordaz Aguiar acquired the property by paying the amount of $880,430.00 (eight hundred and eighty thousand four hundred and thirty pesos NATIONAL CURRENCY). Mr. Ordaz Aguiar delivered this amount to Germán Fourcade Rogers who was acting in representation of the corporation “Granjas Monarca”, allegedly this corporation was in the process of liquidation. It is interesting to see that the same corporation was liquidated in the year of 1953 and Mr. Francisco Fourcade was responsible for such process. He was authorized by the rest of the shareholders of the Association.
There is testimony of the above at the Public Register of the Property; in a way that it is difficult to explain that the corporation “Granjas Monarca” disappeared and 50 years later in 2003 appeared with Germán Fourcade Rogers as the liquidator. This suggests strong evidence for foul play, a dirty move to leave such property in the hands of Mr. Ordaz Aguiar.
But having a public title document that declared him to be the absolute owner of a property in conflict was not the only thing Mr. Ordaz Aguiar did; he also went to the Junta de Conciliación y Arbitraje del Sur de Sonora (Labor Agency for the State of Sonora) to file a labor suit precisely against “Granjas Monarca”. He got a resolution to his favor; nothing strange, if you consider that for some dark reason Mr. Ordaz Aguiar had previously visited this Labor Agency Office. He went there to file litigations that would invariably result to his favor.
The Junta de Conciliación y Arbitraje del Sur de Sonora provided a resolution in favor of Mr. Ordaz Aguiar. With this; they granted him the ownership of the area named: “Las Tinajas de Bacochibampo”, except that the plans did not match the original and correct location. This can be verified with the official copies of the case.
While Mr. Ordaz Aguiar and Cordero and Zaragoza spent time fighting each other; The City of Guaymas jumped into the scene, with Mr. Carlos Zataráin González as the Mayor. Mr. Zatarain Gonzalez and the Sindico Municipal (City’s Representative) Artemisa Lara Orozco claimed the ownership of the property. That resulted in an aggressive litigation between Mr. Ordaz Aguiar and the City’s legal team. But no result was accomplished and the case went to the hands of the new administration by Mr. Antonio Astiazarán Gutiérrez and the Síndico Hortencia Díaz Frayde.
After few brief skirmishes; the legitimate heir of the lot, Mr. Ignacio Sierra; proved to be the only legal and original owner.
Mrs. Díaz Frayde provided recognition in writing to Mr. Ignacio Sierra as the owner of the lot.
Before the City of Guaymas and Mayor Antonio Astiazarán relinquished this case; there was the event of the 5 million pesos by Catalina Ordaz de Evatt, and according to her statement; in the form of personal donation. This was refuted by her brother Mr. José Ordaz Aguiar. He declared instead; that such money was payment for the concept of purchase of demasías (portions in excess) adjacent to Las Tinajas de Bacochibampo. This was incorrect if you consider that there is no way of acquiring demasías (portions in excess) from an area in conflict. It is also difficult to explain that the Tesorería Municipal (City’s Treasury Department) received the 5 million pesos, and provided in exchange a receipt with no folio number and no official value.
After the City of Guaymas vacated the scene, the only litigation left was the one between Mr. Ignacio Sierra and the Ordaz Aguiar family; Catalina and José, as the members of an association named Atardeceres de Bacochibampo, SA de CV, and they were assisted for legal matters by attorneys (?) Edgar Alán Jaramillo and Julián Alberto León Ramírez.
Such attorneys, up to this date; have not filed the required arguments against the appeal (amparo) promoted by Mr. Ignacio Sierra. Therefore; it is presumed that the Ordaz Aguiar family has not yet found the real and correct documents in order to make their claims for ownership valid. On the other hand; Mr. Ignacio Sierra has presented complete and clear documents with background and history of the property. These documents are from the time when Abraham G. Haro bought the property in 1863. It is official and valid evidence that no judge (an honest and good intention judge) could possibly ignore.
Nevertheless, the ghost of impunity is still a threat to the case, since there is suspicion of the existence of strong interests; with the intention of preventing Mr. Ignacio Sierra from enjoying his corresponding rights that he has according to the law. His rights cannot and should not be affected by the application of justice in Sonora; especially considering that it has been positively proven through the file that there is an undercover action of theft, disguised with false documents that involve not only notary public officers but other characters as well, who have also participated in this game.
In the case of Germán Fourcade Rogers, when he claimed to be the legal representative of a corporation that was liquidated 50 years prior to his appearance as the legal representative; he simply did not stop to think about the legal consequences he had incurred. This could well be investigated by Tax Authorities, even to file for grave crimes that could send him to prison. Mr. José Ordaz Aguiar will have to explain the reasons that encouraged him to file a labor suit against an extinct/terminated Corporation; in order to get this property through a resolution. According to Ordaz Aguiar; he had previously bought such property through a Contract for Buying and Selling, under the testimony of Notary Public No. 79, Mr. Enrique Ahumada Tarín.
Mr. Ahumada Tarín made the title document (escritura), and it is evident that he did not perform according to the law; therefore, this Notary Public also incurred in violation and probable complicity with both: Ordaz Aguiar and Fourcade Rogers.
It is in this way how the Ordaz Aguiar family now faces one of their multiple conflicts at the Courts; such conflicts include the eviction of Catalina Ordaz de Evatt from the Hotel Fiesta San Carlos and Condominios Villas Sirenas. This eviction was based on a denouncement filed by Mr. Jon Mellen and based on the certainty of dirty financial strategies by the Ordaz Aguiar.
Before this legal fight against Mr. Mellen started; The Ordaz convinced Mr. Mellen to also become an associate of Atardeceres de Bacochibampo, SA de CV, and it is suspected that Mr. Mellen, because he thought that the Ordaz were acting in good faith; provided the money that allegedly Mr. Jose Ordaz (Regidor – City Official) delivered to Germán Fourcade Rogers, in order to purchase the area of “Las Tinajas de Bacochibampo”.
That is how things are; this is barely an extract of the history on a lot whose possession has encouraged insane ambitions. Perhaps one of the reasons was that this property was used to make an extensive road that connects San Carlos with Las Tinajas. For such purpose; no authority requested the corresponding permit from Mr. Ignacio Sierra to do so. Mr. Sierra is the only and absolute owner, but surely he wouldn’t have opposed such project; since this was a general benefit. A benefit for Mr. Ignacio Sierra as well; for reasons of appreciation.
In reference to all of the above: this is one more example on how the history of San Carlos and Guaymas is plagued by fraud. You will invariably find names, who claim to be great promoters of development, but they will be unable to explain the accomplishment of their goals; leaving an insane impression that ambition and impunity join forces to corrupt and plunder anybody with anything. It has been assured that in Sonora nothing or no-one will be above the law.
But reality shows a different story.
Published by: Revista Sin Límite Avante, on Sunday August 31, 2008