Corniche Trust and Cotorro Trust establishment
As confirmed in court documents, the establishment of both Corniche Trust and Cotorro Trust to which Lord Luis Bacardi mother, Maria Ernestina Bacardi, allocated her shares in Bacardi Ltd, was the result of a conspiracy against Lord Luis Bacardi orchestrated by Jerry Lindzon.
Such a conspiracy had distant roots. Since the 1960s Maria Ernestina Bacardi, owner of a stake of shares of 12% in Bacardi Ltd. had granted Lord Luis Bacardi the management of such shares since early 1960s, on the basis of partnership agreement signed and executed between them.
Upon this agreement Lord Luis Bacardi had significant roles within the board of directors of Bacardi Ltd., but caused a lot of jealousy in the other members of his family of origin and in Bacardi Ltd.
Dispute within Corniche Trust
Only a few years later, early 1980s, the contingent beneficiaries of Corniche Trust, namely the nieces of Lord Luis Bacardi, daughters of Elena Bacardi and stepdaughters of Jerry Lindzon, commenced legal proceedings in Liechtenstein against Lord Luis Bacardi aimed at preventing him to receive the shares in Bacardi Ltd. held in Corniche Trust.
Lord Luis Bacardi' nieces were represented in the legal proceedings against Lord Luis Bacardi by the Liechtenstein law firm Marxer & Partner.
Maria Ernestina Bacardi Testament
Maria Ernestina Bacardi passed away in Madrid and as Spanish resident and national.
Her shares in Bacardi Ltd., regardless of their registration under the Cotorro Trust and Corniche Trust, were to be inherited by her testamentary heirs.
Maria Ernestina true and effective testament was executed before a Spanish public notary on 1966 and then re-reconfirmed before another a Spanish public notary on 1993.
Furthermore, in Spain any trust was and is not recognized as considered a foreign legal instrument contrary to public policy.
Upon Maria Ernestina Bacardi latest testament, her shares in Bacardi Ltd. had been assigned as follows: Lord Luis Bacardi 6% and Elena Bacardi and her daughters the other 6%.
Florida Court Proceedings
A few years later, the truths began to come out.
From 1999 to 2004, Corniche Trust had been defined and substantiated in court documents filed in Florida by one of the nieces of Lord Luis Bacardi as the tool and outcome of the conspiracy organized by Jerry Lindzon and Bacardi Ltd. against Lord Luis Bacardi and any of his descendants.
End of disputes within Corniche Trust
In Spain any trust was and is not recognized as considered a foreign legal instrument contrary to public policy.
Nevertheless, despite Corniche Trust and Cotorro trust were ineffectiveness under the Spanish laws applicable to the Maria Ernestina Bacardi estate, the Liechtesntein legal disputes within Corniche Trust ended only on 2001.
The situation did not come to a temporary end until many years later, namely in 2001, when the Liechtenstein Court of Appeal ruled that Lord Luis Bacardi was entitled to take the remaining shares in Bacardi Ltd. held by the Corniche Trust.
New Beneficiaries of Lugocamba
As his daughter Maria Luisa Bacardi had recently been born, Lord Luis Bacardi instructed the trustees of Lugocamba Trust that his daughter and his wife Lady Monika Bacardi had to appointed as the sole beneficiaries of Lugocamba Trust.
At that time, indeed, the beneficiaries of this trust (after Lord Luis Bacardi death), were the mistress of his lawyer and trustee Louis Mudry and some of his friends (sic !!!!!).
Anything other than a Trust
Lord Luis Bacardi requested his other lawyer E.W. to set up a legal instrument, other than a trust (recalling his awful experience with Corniche Trust), to transfer his assets, including the shares in Bacardi Ltd., to his wife and his daughter.
BASTILLE TRUST Establishment
Contrary to Lord Luis Bacardi' written instructions (who at that time already had the other trust Lugocamba Trust and despite his increasing illness, his lawyers Louis Mudry and E.W.) set up BASTILLE TRUST in the Principality of Liechtenstein.
BASTILLE TRUST was also supplied by Lugocamba Trust with two Liechtenstein vehicles (Rantex and Arateo) and consequently assigned with the shares in Bacardi Ltd.
All of this, despite Lord Luis Bacardi's handwritten letter addressed to his lawyer E.W. clearly expressed Lord Luis Bacardi rejection of a trust structure.
Attempt to steal the Bacardi Ltd. Shares
Following Lord Luis Bacardi first complaints on BASTILLE TRUST establishment, its trustees, E.W. and Louis Mudry, attempted to steal the shares in Bacardi Ltd. held at the Pictet Bank in Geneva in Lord Luis Bacardi safe.
Only the bank’s prior refusal and then Lord Luis Bacardi’s application to the Geneva Court averted the theft of the Bacardi Ltd. shares.
Conceiling the Conflict of Interest
In September 2004, against this creepy backdrop, and in a desperate and urgent search for lawyers in Liechtenstein who could resolve this scam, Lady Monika Bacardi was led by lawyers from a Geneva law firm to the offices the law firm Marxer & Partner law firm offices.
At the meeting was also present one of the senior partners of Marxer & Partner, Dr. Bernhard Lorenz.
Throughout the meeting, Marxer & Partner and Dr. Bernhard Lorenz concealed their blatant conflict of interest, having acted for many years against Lord Luis Bacardi within the Corniche Trust.
Misguidance by Marxer & Partner
Having concealed their blatant conflict of interest, Marxer & Partner and Dr. Bernhard Lorenz, were retained by Lady Monika Bacardi who also provided them with a signed mandate from Lord Luis Bacardi, then bedridden in Monaco due to a worsening terminal illness.
Soon after their engagement and despite BASTILLE TRUST clear invalidity, Marxer & Partner and Dr. Bernhard Lorenz merely filed an application before the Liechtenstein Regional Court aimed at replacing the trustees,
Attempt to hijack the Trust
To provoke the dissolution of BASTILLE TRUST, Lord Luis Bacardi resigned from the position of family trustee.
The other trustees, Louis Mudry and E.W. replaced him with his adversary Facundo Bacardi CEO of Bacardi Ltd.
When the legal battle began, Lord Luis Bacardi died and Lady Monika Bacardi had to carry on.
Appointment of the Supervisory Trustees
Upon Dr. Bernhard Lorenz application, the Liechtenstein Regional Court appointed BASTILLE TRUST supervisory trustees in the persons of Dr. Friedrich Wohlmacher and R.S..
As soon as they were appointed, they traveled to Geneva for taking the Bacardi Ltd. shares held in Lord Luis Bacardi's safe deposit box at Pictet.
This was aimed to exclude these assets from Lord Luis Bacardi's estate and put an end to the legal proceedings initiated by late Lord Luis Bacardi in Geneva.
Passing of Lord Luis Bacardi
In January 2005, after commencing the new legal proceedings in Liechtenstein, Lord Luis Bacardi passed away, leaving his shares in Bacardi Ltd. still locked up in the purported BASTILLE TRUST.
"Inexplicable" dissolution of Baron's Court Holdings Ltd.
Prior to the opening of Lord Luis Bacardi's will by the Monaco notary public, the Swiss law firm who introduced Lady Monika Bacardi to Marxer & Partner in September 2004, 'inexplicably' demanded and obtained from the Bahamian service provider the dissolution of the Bahamian vehicle (Baron’s Court Holdings Ltd) to which Lord Luis Bacardi had assigned a few months earlier his shares in Bacardi Ltd held by BASTILLE TRUST through its Liechtenstein underlying vehicles.
Revocation of Maria Luisa's ad hoc administrator
Upon Dr. Bernhard Lorenz suggestion and consequent application, the Monaco Guardianship Judge revoked Maria Luisa's ad-hoc admistrator.
The ad-hoc adminstrator was previously appointed by the same judge to better protect Maria Luisa Bacardi's interests.
The Liechtenstein Regional Court - First Instance
The Liechtenstein Regional Court of Liechtenstein revoked the trustees of BASTILLE TRUST, including Facundo Bacardi, finding their very serious responsibilities.
Furthermore, the Liechtenstein Regional Court found BASTILLE TRUST irremediable defects that made it a non-existent or null and void legal instrument (“res judicata”).
Appeal court OGH confirms Liechtenstein Regional Court judgment
The decision issued by the Liechtenstein Regional Court on 27.10.2006 was appealed by the trustees with the purpose of keeping BASTILLE TRUST and their positions in the trust alive.
However, on 20.06.2007, the Court of Appeal (OGH) confirmed the decision issued by Regional Court.
In a last desperate attempt, Louis Mudry submitted an unsuccessful individual constitutional appeal to the Liechtenstein Constitutional Court.
Liechtenstein Constitutional Court judgment
Facundo Bacardi and the other trustees Louis Mudry and E.W. were definitively removed as trustees of BASTILLE TRUST by decision of the Liechtenstein Constitutional Court.
Further decision issued by the Liechtenstein Regional Court
Upon Dr. Bernhard Lorenz application and request – filed on Lady Monika Bacardi alleged interest, the Liechtenstein Regional Court appointed Lady Monika Bacardi along with her lawyer Dr. Bernahrd Lorenz., Dr. Friedrich Wohlmacher and R.S., (these two latter who had been acting up to that time as supervisory trustees), as new trustees of BASTILLE TRUST.
The Court emphasized Lady Monika Bacardi special role in her capacity as family representative for the protection of her daughter’s interests.
Furthermore, the Court explicitly reconfirmed the very serious dangers for Maria Luisa Bacardi and Lady Monika Bacardi inherent in BASTILLE TRUST by recommending to the professing trustees the utmost protection for them.
Misleading and Obstruction of the Monaco Guardianship Judge Investigation
From 2015 to 2019, Dr. Bernhard Lorenz and Dr. Friedrich Wohlmacher, with the help and support of two Monaco law firms, misled and obstructed the investigation of the Monaco Guardianship Judge into the large inheritance left by Lord Luis Bacardi.
Dr. Bernhard Lorenz and Dr. Friedrich Wohlmacher argued that the Monaco Guardianship Judge was not competent to investigate over BASTILLE TRUST and its trustees as Lord Luis Bacardi's estate was managed by a trust and trustees running under the control of a foreign court, namely the Liechtenstein Court.
Their allegation was clearly inaccurate and misleading because no Liechtenstein Court exercised systematic control over the Liechtenstein trusts and trustees.
Up to some months ago, this control was a duty of the Chamber of Trustees and then, following the numerous scandals involving the trustees of the Principality, of the FMA (Financial Market Authority).
Witholding Accumulated Dividends
The professional Trustees of BASTILLE TRUST denied the payment of accumulated dividends to Maria Luisa Bacardi that she is entitled to receive at her 18th Birthday.
Against a background formed by:
- their 32 resolutions confirming her right to the accumulated dividends,
- the consistent statements of Louis Mudry and E.W. before the Liechtenstein Court, and;
- the same holding of the Liechtenstein Courts in the decisions of 2006 and 2009,
the professional Trustees, after an exotic flight to the English law, (who knows why??), based their arguments on their re-interpretation of the Trust deed of BASTILLE TRUST.
Deception of Lady Monika Bacardi in respect to the qualification of BASTILLE TRUST as a Financial Entity
In May 2019, Dr. Bernhard Lorenz and Dr. Friedrich Wohlmacher addressed two e-mails to Lady Monika Bacardi by arguing that Bank Vontobel (one of the custodian banks of the accumulated dividends not paid to Maria Luisa Bacardi on her coming of age) had requested BASTILLE TRUST to be qualified as a Financial Entity for the purposes of the AEOI, FATCA and CRS tax information exchange.
This representation was denied in writing by Bank Vontobel itself, stating that the qualification as a Financial Entity was an autonomous choice of the trustees.
Of course, this self-qualification entailed the implementation of a complex and risky reporting system and excluded the banks professional activity in exchanging tax information (who knows why), at the expense of BASTILLE TRUST .
It should be noted that the qualification of a trust as a Financial Entity, which existed only in the Principality of Liechtenstein, has been repealed in Liechtenstein with effect from the beginning of 2022, following Lady Monika Bacardi several complaints.
Attempt to decant the assets in trust again
Since Maria Luisa Bacardi was coming of age, the professional trustees considered setting up another trust structure to avoid or delay the payment of accumulated dividends due to Maria Luisa Bacardi.
In an e-mail exchange to a third party, they claimed that Maria Luisa Bacardi could not “take fully informed” decisions, despite her legal maturity.
First Application to the Liechtenstein Prosecutor
Based on the events that happened in the year 2018 and 2019 Lady Monika and Maria Luisa Bacardi filed an application with a summary of facts to the Liechtenstein Prosecutor and call for a criminal investigation into BASTILLE TRUST.
Reconfirmation of F.W. AND R.S. as Trustees by the Court
Upon Dr. Bernhard Lorenz application and sole allegations and without even hearing Lady Monika Bacardi (inaudita altera parte), the day after the application, the Liechtenstein Regional Court reappointed Dr. Friedrich Wohlmacher and R.S. to the office of professional trustee for an indefinite period of time and commenced the proceedings for Lady Monika Bacardi revocation as family trustee.
Application before the Chamber of Trustees
In January 2020, Lady Monika Bacardi and her daughter Maria Luisa Bacardi submitted a application to the Liechtenstein Chamber of Trustees for the replacement of professional trustees pursuant to Art. 18 of the Rules of Conduct for Trustees.
On June 2020 an Arbitration Committee was formed.
The Arbitration Committee took no measures against Dr. Bernhard Lorenz, Dr. Friedrich Wohlmacher and R.S. on the evidence that Dr. Bernhard Lorenz had already applied the Regional Court for the renewal of Dr. Friedrich Wohlmacher and R.S. and for the revocation of Lady Monika Bacardi.
Application before the Chamber of Lawyers
In February 2020, Lady Monika Bacardi and her daughter Maria Luisa applied to the Liechtenstein Chamber of Lawyers against Dr. Bernhard Lorenz’s conduct, attitude and conflict of interest.
In fact, Dr. Bernhard Lorenz had been acting in his dual role as Lady Monika Bacardi’s lawyer from 2004 to 2019 and leading trustee of BASTILLE TRUST since 2009.
Furthermore, Dr. Bernhard Lorenz was appointed as leading trustee by the Regional Court on his own application filed on the alleged interest of Lady Monika Bacardi.
The Chamber of Lawyers commenced a disciplinary proceedings against Dr. Bernhard Lorenz before the Court of Appeal.
Unfortunately, the Court of Appeal acquitted Dr. Bernhard Lorenz by ruling that his challenged conduct were carried out in his capacity as trustee and not as a lawyer.
Second Application to the Liechtenstein Prosecutor
In March 2020 a second, comprehensive, application was filed with the Liechtenstein Prosecutor in order to investigate into BASTILLE TRUST.
Another Obstructed Participation
In June 2020, Lady Monika Bacardi’s proxi-holders (legal team) were prevented from attending the meeting of the trustees.
At the entrance to the meeting of the trustees to be held at Dr. Bernhard Lorenz office, the proxy-holders were turned away by three bodies guards.
As a result of the meeting of the trustees, Lady Monika Bacardi was removed from her office as co-director of BASTILLE TRUST underlying vehicles, (Rantex and Arateo), which hold Bacardi Ltd. shares.
Only a few days later, Rantex and Arateo voted in favor of Facundo Bacardi and his governance at the Bacardi Ltd. shareholders meeting once again.
Restraining Order against Lady Monika Bacardi and her daughter Maria Luisa
As a result of interviews given to certain newspapers on BASTILLE TRUST and the abuse suffered in Liechtenstein, Lady Monika Bacardi and her daughter Maria Luisa Bacardi were subject of restraining order issued by the Liechtenstein Regional Court on the simple application and allegations of Dr. Bernhard Lorenz, Dr. Friedrich Wohlmacher. and R.S..
It was not relevant that the interviews were also given by Dr. Bernhard Lorenz, Dr. Friedrich Wohlmacher and R.S.,
The restraining order was confirmed up to the Constitutional Court and Lady Monika Bacardi and Maria Luisa Bacardi did not have the opportunity to respond at all in court (inaudita altera parte).
Reconfirmation of Dr. Friedrich Wohlmacher and Removal of Lady Monika Bacardi as Family Trustee
The Liechtenstein Regional Court ruling on the substance confirmed Dr. Wohlmacher as professional trustee of BASTILLE TRUST for an indefinite time and in the same breath removed and replaced Lady Monika Bacardi as family trustee.
The Liechtenstein Regional Court ruled without questioning Lady Monika Bacardi and Maria Luisa Bacardi and without dealing Lady Monika Bacardi and Maria Luisa Bacardi's counterclaim seeking the removal of Dr. Bernhard Lorenz, Dr. Friedrich Wohlmacher and R.S. from their positions as professional trustees for several abuses and willful misconduct.
Case of “bifurcation” not reunited before the judgement was issued which rises to an irremediable "inaudita altera parte" and “infra petita” judgment.
Both the Liechtenstein Regional Court and the higher Courts simply renewed the mandates of Dr. Friedrich
Wohlmacher and R.S. and ruled on Lady Monika Bacardi revocation and replacement.
Indeed, the Liechtenstein Courts ruled on Lady Monika Bacardi revocation basing their decision not on her alleged conflict of interest with her daughter, as Dr. Bernhard Lorenz initially demanded, but because Lady Monika Bacardi would have allowed her daughter Maria Luisa Bacardi (who was of age) to initiate legal action against BASTILLE TRUST in Monaco.
Disqualification on the Judge - Application for his Recusal
The Liechtenstein judge in charge at the Liechtenstein Regional Court was unsuccessfully recused by Lady Monika Bacardi and Maria Luisa Bacardi.
Actually, without knowledge of Lady Monika Bacardi' attorneys at law, the judge granted a “private audience” to Dr. Bernhard Lorenz's lawyer.
Liechtenstein Public Prosecutor Investigation against Lady Monika Bacardi and her Legal Team
Dr. Bernhard Lorenz's lawyer submitted a criminal complaint against Lady Monika Bacardi and her legal team.
Reinstatement of Baron's Court Holdings Ltd.
The Court of the Bahamas upon the application of Maria Luisa Bacardi and Lady Monika Bacardi reinstated Baron's Court Holdings Ltd, ruling that its dissolution was ordered in February 2004 by persons without authority.
Discontinuation of the investigation against Lady Monika and her legal team
Upon the submission of countless irrefutable pieces of evidence, the Liechtenstein public prosecutor's investigation against Lady Monika Bacardi and her legal team was finally discontinued.
Discontinuation of the investigation against Dr. Bernhard Lorenz et al
The Liechtenstein Constitutional Court came to the conclusion, that the constitutional complaint for continuation of investigation against Dr. Bernhard Lorenz et al. must be rejected.
In fact, the Constitutional Court refused Lady Monika Bacardi and Maria Luisa Bacardi their status as civil party in the criminal proceedings.
Decision of the Constitutional Court on Dr. Friedrich Wohlmacher prolongation, on Lady Monika Bacardi removal and on Lady Monika Bacardi and Maria Luisa Bacardi civil party status
The Liechtenstein Constitutional Court ruled in June 2023 that Lady Monika Bacardi removal as Family Trustee and Dr. Friedrich Wohlmacher prolongation for indefinite time as Professional Trustee of BASTILLE TRUST are definitively upheld and Lady Monika Bacardi and Maria Luisa Bacardi, as beneficiaries of BASTILLE TRUST, do not have civil party status in any criminal proceedings.
One more attempt of Intimidation
Another disquieting, anonymous and intimidating letter was sent to Lady Monika Bacardi at the Ambassadors Club in Monaco.
Commencement of Spanish Proceedings
In April 2023, in the light of Corniche Trust and Cotorro Trust ineffectiveness under Spanish inheritance law and Maria Ernestina Bacardi's phantom Swiss testament, Monika Bacardi and Maria Luisa Bacardi commenced legal proceedings in Spain.
Pending Monegasque Inheritance Proceedings
On the basis of incontrovertible legal principles late Lord Luis Bacardi's estate fell under the jurisdiction of Monegasque law.
Therefore, both Maria Luisa Bacardi (in October 2021) and Lady Monika Bacardi (in January 2023) commenced the relevant legal proceedings in Monaco.
The Liechtenstein trustees and Bacardi Ltd. immediately filed pleas of jurisdiction in an attempt to gain time or avoid Monaco's legal proceedings.
