El pleito con los Lustgarten por las 170 hectáreas comienza su proceso judicial. Esas tierras, aunque aparezcan a nombre de ellos, no lo son. Son mías.
A pesar de los varios intentos – a sabiendas de la reputación criminal de Boris – de buscar un entendimiento con ellos, no ha tenido resultados. Por lo tanto, he hecho una orden de cesar y desistir a la continuación de las explotaciones ilegales que llevan Lewis Energy y HOCOL en las instalaciones de uno de los lotes.
En inglés, este es el documento:
Cardenio Benjamín Bustillo Angulo
Also known as Benjamin K Bustillo
Date: January 16, 2022
VIA ☐ Certified Mail ☐ Overnight Mail ☒ Email ☐ Facsimile ☒ Other: Publication on Blog El Espectador, and WhatsApp
Jorge Posada, Carlos Eduardo Machado Franco, Ray Lewis Rodney, Luz Estela Góngora, Individual from Lewis Energy identified with phone # 313-800-9973, Lewis Energy, Rafael Guzmán, HOCOL, Boris Lustgarten, Diana Lustgarten, Jaime Lustgarten, Et Al
RE: Cease and Desist – Illegal extraction of gas and use of premises at Referencia Catastral 080010002000000000029000000000, matrícula Inmobiliaria # 040-477077
Mr. Posada and Mr. Guzmán, et al:
This letter serves as notice to you to immediately cease and desist all illegal activities on the extraction of mineral rights and use of the land that belongs to me. I reclaim the title of all 170 hectares (Matrículas inmobiliarias 040-477077 and 040-477078) Colombia Art. 762, 765, 766, 768, 771, 774 under the name of the Lustgarten family and any other successor transferred illegally to anyone. The premises of my claim are:
- The sale of the 170 hectares under deeds # 62 and 38 are vicious with numerous legal errors, specifically, this asset was a family patrimony under Colombia’s laws, and my mother never signed those deeds. (Escrituras.) She was a 50% owner of the land.
- Those deeds, (Escrituras) do not transfer any rights over minerals nor areal. They belong to me.
- Kardenio Lizardo Bustillo Lora y Celia Angulo de Bustillo, my parents, are deceased.
- In Colombia, inheritance rights, never expire.
- The annotation # 10 of Matrícula Inmobiliaria # 040-477077, is fraudulent, void, and without merits. Charges of prevaricating (Prevaricato) by action against the judge will follow soon.
- The edification of this project is in violation of the POT of Barranquilla and violates endless codes and regulations. In other words, doing what is customary in Colombia, criminal activity using influential patronages, including judicial corruption.
- Violations of paragraphs 4, 5, 6, and 7 of Chapter II of “Ley 685 of 2001,” in addition to others that will be later disclosed.
- Any payments made to the Lustgarten family, for mineral or areal rights, are fraudulent, void and with no legal value to support them. Must be refunded to me.
Data to support my claim:
- 1942 – date of marriage between my father and mother, which is the same date of when the community property of marital asset was constituted.
- 1947 – purchase of the 170 hectares and others by the couple under the name of my father only. This was a common process back then, but do not erase any rights my mother had.
- 1966 – sale of the lot by my father, my mother does not sign the deed (Escritura # 62 – Sale.)
- 1967 – ratification of the seller’s name, only my father, and the addition of his marital status, a married man, my mother did not sign. (Escritura # 38 – Declaration.)
- Married women’s rights in property have been in place in Colombia since 1887 and corroborated by “Ley 28 of 1932.”
- The sale of community property had to be dissolved at the time or before the transfer of “Escrituras # 62 and 38.” Neither deed shows the dissolution of the family patrimony.
- Furthermore, The 5th and 42nd Articles of the 1991 Political Constitution preserved those individual family rights.
Your actions are unwanted, ☒ aggressive ☒ threatening ☒ criminal and have become unbearable to me. Your actions also infringe upon my right to remain and retain free usage of my property and all rights contemplated above in this petition.
If you do not cease and desist the exploitation and usage of my land IMMEDIATELY, I will file criminal complaints with the Colombian Fiscalía and Procuradoría, against all individuals and entities named above, including Ray Lewis Rodney. Civil claims will proceed equally by next week.
In fact, the title MUST be transferred to me IMMEDIATELY. The civil legal processes I anticipate commencing soon are the cancellation of those deeds (Matrículas inmobiliarias) to revert to me, and the reopening of several succession cases. You also MUST remove IMMEDIATELY ALL THE EQUIPMENT YOUR COMPANY have ON THE PREMISES WITHOUT MY AUTHORIZATION. Be also aware that in a separate action, I will denounce the illegal and criminally installed electrical towers on the premises.
Benjamin K Bustillo, (aka) Cardenio Benjamín Bustillo Angulo.