Asset Recovery Watch

ARW-20
Augusto Pinochet
Chile
President (1973-1990); Commander-in-Chief of Chilean Army (1990-1998); "Senator for life" (1998 to 2006)
Spain
Undertaking Recovery Effort, Location of Recovery Effort
1979
2005
Art.19, Art.20, Art.23
Yes
Private Civil Action
No
NA
In 1998, Judge Garzon of Spain ordered a worldwide freeze on Mr. Pinochet's assets and ordered Riggs Bank to pay $8 million to a foundation established to assist victims of the Pinochet regime, to settle the Spanish case for violating the 1998 court order (Source: United States Senate Permanent Subcommittee on Investigations, Money Laundering and Foreign Corruption: Enforcement and Effectiveness of the Patriot Act, Supplemental Staff Report on the U.S. Accounts Used by Augusto Pinochet (March 16, 2005), at footnote 5). According to the Washington Post (February 26, 2005), Riggs Bank paid $8 million and its owners Joe and Robert Albritton paid $1 million, for a total of $9 million.
Completed
$8,000,000
No
NA

According to an attorney familiar with the case, the civil society organization Consejo de Defensa del Estado brought two claims, in Spain and in the U.S., represented by an American attorney based in Miami. The civil action in Spain was based on the claim that had Riggs Bank complied with Anti-Money Laundering regulations, Chile could have recovered its stolen assets much sooner. (Source: Researcher telephone interview, November 2010). In 1998, Judge Garzon of Spain ordered a worldwide freeze on Mr. Pinochet's assets and ordered Riggs Bank to pay $8 million to a foundation established to assist victims of the Pinochet regime, to settle the Spanish case for violating the 1998 court order (Source: United States Senate Permanent Subcommittee on Investigations, Money Laundering and Foreign Corruption: Enforcement and Effectiveness of the Patriot Act, Supplemental Staff Report on the U.S. Accounts Used by Augusto Pinochet (March 16, 2005), at footnote 5). According to the Washington Post (February 26, 2005), Riggs Bank paid $8 million and its owners Joe and Robert Albritton paid $1 million, for a total of $9 million. After deducting $1 million (mostly for legal expenses), $8 million was reported to have been given to the Salvador Allende Foundation in Santiago, Chile. (Source: Terrence O'Hara, "Allbrittons, Riggs to Pay Victims of Pinochet," Washington Post, February 26, 2005).

A number of criminal proceedings had been instituted against Mr. Pinochet by the Chilean courts and by Spain's Fifth Central Magistrate of the National Court. (Source: Regina v. Bartle and the Commissioner of Police for the Metropolis and Others Ex Parte Pinochet (on appeal from a Divisional Court of the Queen's Bench Division), Opinions of the Lords of Appeal, November 25, 1998.)

Unknown
Abogado Procuradora Fiscal - Santiago
Court of Appeals, Santiago
Unknown
Unknown
Fifth Central Magistrate of the National Court