THE FAMILY LEGACY - HIS GALLOWS
Lord Luis Bacardi had a privileged upbringing under the Cuban sun, embedded in society from a young age and benefiting from an international education. He was an excellent pupil and was very close to his mother, Maria Ernestina, one of Facundo Bacardi Moreau’s daughters. He retained this deep love for his mother until the day she died and beyond.
Luis set off for the United States to study economics and even wrote his thesis on agricultural reforms in Cuba. He was always a curious, open-minded and innovative individual. At that time, he associated with the heirs and heiresses of wealthy American and Cuban families as easily as he did with Che Guevara. When Fidel Castro came into power, the family was forced to flee Cuba as the family company was under threat of being nationalised.
Cuba was quick to nationalise the family’s factories and properties, including the famous “Edificio Bacardi” Art Deco building. Although the various family members were now in exile and dispersed, they nevertheless continued running the business. Luis was also forced to leave Cuba. With his happy childhood memories in the past, Luis was soon required to become an active participant in the family business. Luis joined the company’s board of directors at a very young age and maintained his seat there for over 40 years. He quickly climbed the ranks of the group as one of the biggest individual shareholders, having been mandated by some members of the branch to represent them from a very young age.
The long history of complications, irritations, misconduct and betrayal starts, when Luis Bacardi’s mother, Maria Ernestina, was planning her estate.
Corniche Trust and Testament of Maria Ernestina Bacardi
MAY 1979
Everything began in the early 1960s, when Lord Luis Bacardi’s mother Maria Ernestina Bacardi, owner of a stake of shares of 12% in Bacardi Ltd. granted him the management of such shares, on the basis of partnership agreement executed between them. Against this background, 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.
Indeed on 1979, the second husband of his sister Elena Bacardi, Jerry Lindzon in his capacity as a member of the board of directors Bacardi Ltd., under the pretext of planning the tax evasion of the potential Spanish inheritance tax of hundreds of millions of euros on Maria Ernestina Bacardi estate, convinced her to allocate her shares in Bacardi Ltd. in two different trusts:
– one to be established upon the Cayman Islands laws, named Cotorro Trust and of which Elena Bacardi and her daughters were to be the beneficiaries and;
– the other to be established upon the Liechtenstein laws, named Corniche Trust and of which Lord Luis Bacardi was to be the sole beneficiary and the daughters of Elena Bacardi the contingent beneficiaries in case Lord Luis Bacardi had no children in the years to come.
EARLY 1980s
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. from the Corniche Trust.
The nieces of Lord Luis Bacardi were represented in the legal proceedings against Lord Luis Bacardi by the Liechtenstein law firm Marxer & Partner.
The legal disputes in Liechtenstein ended only in 2001 by virtue the judgment of the Court of Appeal of Liechtenstein which established the rights of Lord Luis Bacardi to take the shares in Bacardi Ltd. held by the Corniche.
APRIL 1993
Maria Ernestina Bacardi passed away in Madrid as Spanish resident and national. Since in Spain, any trust was and is not recognized and considered a foreign legal instrument contrary to public policy, her shares in Bacardi Ltd., regardless of their registration under Cotorro Trust and Corniche Trust, were to be inherited by her heirs, notably Lord Luis Bacardi 6% and Elena Bacardi and her daughters the other 6%; all in compliance with her last Spanish testament.
Indeed, on 20.06.1966 María Ernestina Bacardi had granted her last will and testament in Madrid before a Spanish Notary Public in which she disposed as follows:
- of one third to his daughter Mrs. Elena Bacardi
- of half to his son Lord Luis Bacardi
- of the remaining one-sixth to her granddaughters (the three daughters of Mrs. Elena Bacardi).
The validity of this testament and the mere fiduciary registration of the shares in Bacardi Ltd. made by the constitution of Corniche Trust and Cotorro Trust was reaffirmed by Maria Ernestina Bacardi by a notarial statement signed in January 1993 again before a Spanish Notary Public.
A shocking surprise recently came out from the Spanish Register of Testament.
The existence of a ghostly later testament in the Spanish Register of Testament, which would have been executed by Maria Ernestina Bacardi in 1978 in Geneva (Switzerland) before another notary, Mr. Jean Rodolphe Christ, is recorded.
Well, this alleged further testament has never existed as certified early 2023 by the Swiss Authorities.
It was just a clumsy attempt at misleading Lord Luis Bacardi and his heirs.
Against this creepy background, it is not surprising to understand why Lord Luis Bacardi’s Liechtenstein lawyers never warned him that the disputes in Liechtenstein within Corniche Trust, (which lasted from the early 1980s until 2001), made absolutely no sense.
Indeed, since Corniche Trust (as well as Cotorro Trust) had no legal effect under Spanish law, Lord Luis Bacardi had directly inherited from his mother the shares in Bacardi Ltd. held by the ineffective Corniche Trust.
The ways of Lugocamba Trust
NOVEMBER 1997
The first stake of Bacardi Ltd. shares that Lord Luis Bacardi had taken out from Corniche Trust (about half of 6%) in accordance with the provisions of Corniche Trust were made to flow by his lawyer Louis Mudry into Lugocamba Trust established and administrated by this latter under the Guernsey laws.
JUNE 1999
A few years later, the truths began to come out.
From 1999 to 2004 the Corniche Trust had been defined and substantiated in court documents filed by one of the nieces of Lord Luis Bacardi in Florida, as the tool and outcome of the conspiracy organized by Jerry Lindzon and Bacardi Ltd. against Lord Luis Bacardi and any of his descendants to appropriate their shares in Bacardi Ltd. and to take away their voting rights in Bacardi Ltd.
JANUARY 2001
Despite, the ineffectiveness of the Corniche Trust and the Cotorro Trust under the Spanish inheritance laws applicable to the legacy of Maria Ernestina Bacardi, the Liechtenstein legal disputes within Corniche Trust ended only on 2001.
Indeed, on 2001 the Liechtenstein Court of Appeal judgments established Lord Luis Bacardi’ rights to take the residual Bacardi Ltd. shares still held by the Corniche Trust.
JUNE 2002
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 be named/appointed as the sole beneficiaries of Lugocamba Trust.
In fact, at that moment, the beneficiaries of this trust (after Lord Luis Bacardi death), were incredibly the mistress of Louis Mudry (his lawyer) and some of his friends (sic !!!!!)
SEPTEMBER 2002
On 12 September 2002, Lord Luis Bacardi addressed to his other lawyer E.W. a handwritten letter, in which he instructed him to set up a legal instrument, other than a trust (recalling his awful experience in Corniche Trust), to assign all of his assets to his only daughter Maria Luisa Bacardi and his wife Lady Monika Bacardi.
OCTOBER 2002
One month later, Lord Luis Bacardi’s lawyers, Louis Mudry and E.W.,, in their capacity as trustees of Lugocamba Trust, cunningly transferred the trust from the Guernsey laws to those of Liechtenstein.
All this because, Liechtenstein laws, unlike those of Guernsey, did not and do not recognize several basic rights for beneficiaries and did not allow beneficiaries (thus, Maria Luisa Bacardi and Lady Monika Bacardi) to request and obtain from the trustees the assignment of assets in trust.
What about the establishment of BASTILLE TRUST?
JULY 2003
Contrary to Lord Luis Bacardi’s handwritten instructions to set a legal instrument, other than a trust, to assign his assets to his daughter and his wife and by taking advantage of Lord Luis Bacardi’s poor physical health (he had cirrhosis of the liver which led to liver cancer) and mental health (multiple hospital reports at the time), Lord Luis Bacardi’s lawyers, led by Louis Mudry, set up BASTILLE TRUST by themselves (in lack any mandate from Lord Luis Bacardi).
According to their plan, in the establishment of BASTILLE TRUST, `Louis Mudry and E.W. proclaimed themselves as trustees with absolute powers in their hands alone.
In the deed of trust of BASTILLE TRUST they did not even appoint the relevant beneficiaries who were identified by a subsequent resolution that could be changed by them at any time.
SEPTEMBER 2003
Lord Luis Bacardi slowly began to realize that BASTILLE TRUST was (and still is) an instrument to take away his assets and in particular his shares in Bacardi Ltd.
Initial suspicions arose from the presence in the trust of the descendants of one of the nieces of Lord Luis Bacardi (one of those who had tried for years to prevent Luis from taking Bacardi Ltd. shares from Corniche Trust) and the descendants of Facundo Bacardi, as contingent beneficiaries (sic!!!!!).
Lord Luis Bacardi, softly attempted to find a solution by making a donation of his assets for the benefit of his daughter and his wife. However, the relevant deeds of gift were not implemented by the trustees of BASTILLE TRUST.
MAY 2004
In light of the trustees’ failure to execute the gift of the shares in Bacardi Ltd. to his daughter Maria Luisa Bacardi, and at the suggestion of his Bahamian lawyer who had been retained by him to analyze BASTILLE TRUST, Lord Luis Bacardi assigned the shares in Bacardi Ltd. to a Bahamian hybrid company in which his daughter and his wife were to be the beneficiaries. Both Bacardi Ltd. and the trustees of BASTILLE TRUST refused to give effect to this assignment.
JULY 2004
Lord Luis Bacardi, feeling cornered and with little time to spare due to the severity of his physical condition, accentuated his rebellion against BASTILLE TRUST and the deception of its professional trustees (his lawyers for many years).
At that point, the trustees realized that they could no longer control Lord Luis Bacardi and went to the Pictet Bank in Geneva to steal the shares of Bacardi Ltd. from his safe deposit box. The attempt was foiled by the opposition of Banca Pictet, which did not allow access and warned Lord Luis Bacardi. This resulted in a court action in Geneva by Lord Luis Bacardi against the professional trustees of BASTILLE TRUST.
OCTOBER 2004
Lord Luis Bacardi in despair attempted to end BASTILLE TRUST resigned as family trustee of BASTILLE TRUST. The professional trustees (his lawyers for many years), instead of putting an end to BASTILLE TRUST, appointed Facundo Bacardi in his place, who despite Lord Luis Bacardi’s clear opposition and reaction accepted the office.
At that point, Lord Luis Bacardi, who was very ill and immobilized his bed in Monaco, asked his wife, Lady Monika Bacardi, to help him find a solution. Lady Monika Bacardi, in her turn, approached Bank Pictet and Pestalozzi law firm in Geneva, who took her to Liechtenstein and introduced her to the law firm Marxer & Partner.
Lady Monika Bacardi did not know that Marxer & Partner was the law firm that had assisted and represented Lord Luis Bacardi’s nieces in their legal disputes against Lord Luis Bacardi within Corniche Trust.
None of the attorneys at Marxer & Partner, including Dr. Bernhard Lorenz, disclosed this very serious conflict of interest to her.
Therefore, in the desperation of the moment, Lady Monika Bacardi retained them by providing them with the legal power of appointment signed by herself and Lord Luis Bacardi.
Thereafter, the law firm Marxer & Partner, in the person of Dr. Bernhard Lorenz, although fully aware of the clear invalidity of BASTILLE TRUST, commenced only a simple court proceedings before the Liechtenstein Regional Court for the re-placement of the trustees of BASTILLE TRUST.
NOVEMBER 2004
Lord Luis Bacardi’s rebellion against BASTILLE TRUST drew numerous and repeated death threats against him, his wife and their daughter.
These death threats made Lord Luis Bacardi fully understand the essence of the trap and the danger to the safety of his family posed by BASTILLE TRUST.
On 30 November 2004, Lord Luis Bacardi tried also to eliminate the contingent beneficiaries from BASTILLE TRUST.
To date, even these further instructions from Lord Luis Bacardi had never implemented and these contingent beneficiaries are still provided for under BASTILLE TRUST.
DECEMBER 2004
Upon Dr. Bernhard Lorenz application, the Liechtenstein Regional Court appointed the supervisory trustees of BASTILLE TRUST, in the persons of Dr. Friedrich Wohlmacher and R.S..
As soon as they were appointed, the supervisory trustees traveled to Geneva, (while Lord Luis Bacardi was still alive) to collect the shares in Bacardi Ltd., from Lord Luis Bacardi safe at Bank Pictet and take them to Liechtenstein, in order to remove them from Lord Luis Bacardi’s estate and put an end to the court proceedings in Geneva commenced by Lord Luis Bacardi.
In the meanwhile, Lord Luis Bacardi and Lady Monika Bacardi were repeated subjected to death threats as it is also substantiated in the internal minutes drawn up by Marxer & Partner on 13 December 2004.
JANUARY 2005
Seriously ill, Lord Luis Bacardi passed away, leaving the shares in Bacardi Ltd. harnessed in the purported BASTILLE TRUST.
MAY 2006
After the death of Lord Luis Bacardi, the Monaco Guardianship Judge appointed an ad hoc administrator for Maria Luisa Bacardi, who was only 4 years old at the time.
Dr. Bernhard Lorenz applied and obtained from the Monaco Guardianship Judge the revocation of Maria Luisa Bacardi’s ad hoc administrator previously appointed by the same judge to better protect her interests.
THE IRREMEDIABLE DEFECTS OF BASTILLE TRUST
OCTOBER 2006
The Liechtenstein Regional Court revoked BASTILLE TRUST trustees, including Facundo Bacardi, listing their very serious responsibilities.
Furthermore, Liechtenstein Regional Court found all the irremediable defects of BASTILLE TRUST that made it a non-existent or null and void legal instrument (“res judicata”).
The Regional Court’s judgment, despite appeals by the trustees including Facundo Bacardi, was upheld up to the Constitutional Court, which issued its decision in December 2008.
Meanwhile, BASTILLE TRUST’s supervisory trustees, namely, Dr. Friedrich Wohlmacher and R.S., despite the very serious responsibilities of the trustees, (including Facundo Bacardi), as ascertained by the Liechtenstein Courts, continued to support at the annual shareholders meetings of Bacardi Ltd., the re-appointment of Facundo Bacardi (and the other members of his governance), at the board of directors of the multinational.
ABRIL 2009
Once BASTILLE TRUST’s trustees revocation (including the one of Facundo Bacardi) had been achieved, Dr. Bernhard Lorenz, who was capable to become Lady Monika Bacardi’s sole and confidant lawyer, instead of dissolving BASTILLE TRUST, the irremediable defects of which had already been established by the Liechtenstein Courts, filed in Lady Monika’s name and in the name of the other Lord Luis Bacardi executor, an application to the Liechtenstein Regional Court proposing his candidature, that of the supervisory trustees, Dr. Friedrich Wohlmacher and R.S., and that of Lady Monika Bacardi, for appointment as new trustees of BASTILLE TRUST.
JULY 2009
The Liechtenstein Regional Court, once again, pointing out all the dangers that revolved around BASTILLE TRUST, followed Dr. Bernhard Lorenz’s application and the candidatures proposed therein and appointed the new trustees.
Nevertheless, the Liechtenstein Regional Court, conferred a very specific mission on Dr. Bernhard Lorenz, Dr. Friedrich Wohlmacher and R.S., recommending them for the protection of Lady Monika Bacardi and her daughter from the hostility of Lord Luis Bacardi’s family of origin and Bacardi Ltd.
Such a mission was also immediately disregarded by the new professional trustees Dr. Bernhard Lorenz, Dr. Friedrich Wohlmacher and R.S., who continued, without Lady Monika Bacardi knowledge and mandatory signature, to support Facundo Bacardi (and the other members of his governance) at the annual sharholders meetings of Bacardi Ltd. for his re-appointment at the board of directors of the multinational.
New disputes with the new professional trustees of BASTILLE TRUST
MAY 2016
The BASTILLE TRUST’s new professional trustees, led by Dr. Bernhard Lorenz, opposed by all means the investigation commenced by the Monaco Guardianship Judge, Mrs Leonardi, to shed light on BASTILLE TRUST and Lord Luis Bacardi ‘s inheritance. They even denied the Guardianship Judge the handing over of BASTILLE TRUST documents, putting Lady Monika Bacardi in a very delicate position, given her position as Lord Luis Bacardi’s executor, guardian for their daughter Maria Luisa and BASTILLE TRUST family trustee.
NOVEMBER 2018
In November 2018, when Maria Luisa Bacardi was only a few months away from her majority, the date on which she should have been paid the dividends accumulated by BASTILLE TRUST since her father’s death, Dr. Bernhard Lorenz commissioned a legal opinion from the English law firm MacFarlaness.
This exotic flight to the English law, when BASTILLE TRUST is governed by the Liechtenstein law, was only intended to exclude the multiple wishes expressed by Lord Luis Bacardi resulting from documents other than the deed of trust of BASTILLE TRUST.
Indeed, such a literal approach is permitted by English law but not by Liechtenstein law which in construed on the purposive approach.
In a preliminary document, Dr. Bernhard Lorenz wrote to MacFarlaness that he did not intend to pay the accumulated dividends to Maria Luisa Bacardi and that a solution had to be found not to pay them.
The consequent purported legal opinion by contradicting:
- the same deed of trust of BASTILLE TRUST,
- all the statements of Louis Mudry and E.W. given also before the Liechtenstein Courts,
- the decisions of the Liechtenstein Courts from 2006 to 2009,
- the 32 resolutions passed by Dr. Bernhard Lorenz, Dr. Friedrich Wohlmacher and R.S. in Lady Monika’s presence,
established that Maria Luisa Bacardi was not entitled at the age of majority to such accumulated dividends.
Concealing all of the evidence above from the Liechtenstein Regional Court, Dr. Bernhard Lorenz, Dr. Friedrich Wohlmacher and R.S. also tried to get a compliant ruling from the Liechtenstein Regional Court. However, the Court, abstained on their application and established that any decision on the distribution of the accumulated dividends belonged exclusively to the trustees.
Thereupon, the Liechtenstein professional trustees held a meeting of the trustees on the matter and resolved, without allowing Lady Monika Bacardi’s attorneys to attend,
In short, they resolved that in the previous 32 resolutions they had erred and Maria Luisa Bacardi was not entitled to the dividends accumulated by BASTILLE TRUST since the death of her father Lord Luis Bacardi.
DECEMBER 2018
This event plunged Lord Luis Bacardi’s daughter Maria Luisa into deep despair.
Lady Monika had to roll up her sleeves and begin to understand what was going on again.
Yet, Lady Monika Bacardi interacted with several other Liechtenstein law firms, whose very superficial analyses, limited only to the question of accumulated dividends, did not convince her or her daughter.
JANUARY 2019
At that stage, Lady Monika Bacardi and Maria Luisa Bacardi approached a number of reputable international law firms in different countries.
From there the recent history.
The international law firms began analyzing a huge dossier of over 75,000 pages starting from 1979 and gradually provided Maria Luisa Bacardi and Lady Monika Bacardi with the picture of the situation that evolved from time to time in the course of their own analysis.
The picture resulting from this analysis shocked Maria Luisa Bacardi and Lady Monika Bacardi.
In meanwhile, very strong disagreements began between Lady Monika Bacardi and Maria Luisa Bacardi from one hand and Dr. Bernhard Lorenz and the other trustees on the other hand.
NOVEMBER 2019
Since then, to the complete nonchalance of all the Liechtenstein Authorities and Courts, Lady Monika Bacardi was prevented:
- from attending the meetings of trustees accompanied by her counsels,
- from having her attorneys, duly appointed by notarial power of attorney, attend the meetings of trustees,
- from having access to BASTILLE TRUST documents.
FROM DECEMBER 2019 TO JUNE 2023
Dr. Bernhard Lorenz, who was wise to pose as a confidence lawyer for Lady Monika Bacardi from 2004 to the beginning of 2019, applied to the Liechtenstein Regional Court:
– for the renewal of the mandates of his colleagues Dr. Friedrich Wohlmacher and R.S, (who were expired from office as over-aged under the deed of trust of BASTILLE TRUST), against the wishes of Maria Luisa Bacardi and Lady Monika Bacardi, and
– for Lady Monika Bacardi’s removal as a BASTILLE TRUST family trustee due to an alleged conflict of interest with her daughter Maria Luisa Bacardi (sic!!!!).
The day after the application was filed, the judge of the Liechtenstein Regional Court confirmed Dr. Friedrich Wohlmacher’s and R.S.’s office indefinitely and started the proceedings to revoke Laday Monika Bacardi.
Upon appeal of Lady Monika Bacardi, the Court of Appeal upheld the decision of the Regional Court but reclassified it as an injunction and then sent the case back to the lower Court to decide on the substance prior questioning of the parties.
In the proceedings on the substance, Maria Luisa Bacardi and Lady Monika Bacardi have entered an appearance and filed several pleadings. Nevertheless, they were never questioned as first requested by the Court of Appeal and their 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, has not yet been dealt with by the Liechtenstein Regional Court, which only ruled on Dr. Bernhard Lorenz’s claim. Sporadic and uncommon case of “bifurcation” not reunited before the issue of the judgement. Of course an “inaudita altera parte” and “infra petita” judgment (sic!!!!).
Therefore, the Regional Court and later all the superior Courts, respectively, ruled and confirmed, the renovation of the mandates of Dr. Friedrich Wohlmacher and R.S (who then passed away in May 2021) and the dismissal of Lady Monika Bacardi with immediate effect.
It is worth noting that Lady Monika Bacardi was not revoked by the Courts of Liechtenstein because of the alleged conflict of interest with her daughter Maria Luisa Bacardi, as Dr. Bernhard Lorenz initially claimed, but because Lady Monika would have allowed her daughter Maria Luisa Bacardi (who was of age) to initiate legal action before Monaco Court aimed at the declaration of nullity of BASTILLE TRUST. Blatant “ultra petita” judgement (sic!!!!).
On 27 June 2023 the Constitutional Court, which met to decide at the end of June 2023.
The Constitutional Court upheld:
(i) the definitive removal of Lady Monika Bacardi as family trustee on the assumption that Lady Monika Bacardi had taken the liberty of doubting the validity of BASTILLE TRUST and in addition holds the position of executor of Lord Luis Bacardi’s testament (a position she had in fact held since Lord Luis Bacardi’s death and thus also when she was appointed family trustee of BASTILLE TRUST by the Liechtenstein courts);
(ii) the prolongation of the professional trustee mandate of Dr. Friedrich Wohlmacher, (despite the fact that he was well over the age limit set out in the Deed of Trust of BASTILLE TRUST), on the assumption that he together with Dr. Bernhard Lorenz should defend BASTILLE TRUST from any invalidity proceedings to which it is or might be subject in the various foreign jurisdictions.
Regardless of its actual validity and all the abuses committed in its establishment and later its management, the Constitutional Court of Liechtenstein also made it clear that the primary interest must be the preservation of BASTILLE TRUST.
In addition, the Constitutional Court confirmed that Lady Monika Bacardi and Maria Luisa Bacardi in their capacity as beneficiaries of BASTILLE TRUST:
(i) would not enjoy the status of civil parties in criminal proceedings brought against the professional trustees;
(ii) would have no legal standing in civil proceedings instituted for the revocation of the professional trustees;
(iii) would have no right to appeal any of the judgments delivered by the Liechtenstein courts.
In addition, the Constitutional Court stated that the “bifurcation” of their counterclaims, (which are still pending before the Liechtenstein Regional Court in which Lady Monika Bacardi and Maria Luisa Bacardi would nevertheless not have legal standing, whereas the claims of the professional trustees had already been decided up to the Constitutional Court in the decision in question), must be regarded as being lawful in the primary interest of safeguarding BASTILLE TRUST.
Conclusion, whatever abuses led to the establishment and administration of BASTILLE TRUST the preservation of its existence is the exclusive interest of protection.
MAY 2020
At the end of May 2020, Lady Monika Bacardi requested the urgent convening of a meeting of the trustees to discuss the irremediable defects of BASTILLE TRUST and to resolve not to vote in the Bacardi Ltd. shareholders meeting, scheduled for 18 June 2020, for the list of board directors presented by the chairman Facundo Bacardi. In fact, Lady Monika Bacardi had meanwhile discovered that in previous years, BASTILLE TRUST had always voted in favor of the list presented by Facundo Bacardi, in violation of the statutory provisions requiring her signature.
Dr. Bernhard Lorenz, and Dr. Friedrich Wohlmacher took her request for discussion of BASTILLE TRUST’s irremediable defects off the agenda and instead included her removal as director of the anstalts, owned by BASTILLE TRUST, in whose name the shares in Bacardi Ltd. were and are registered. At the meeting of the trustees held on 3 June 2020, her attorneys, who had come by notarial power of attorney, were not admitted to the meeting of the trustees which voted her removal as director of the two anstalts.
Yet, at the meeting of Bacardi Ltd. held on 18 June 2020, BASTILLE TRUST, through its two anstalts, voted, once again, for the list of directors presented by Facundo Bacardi and the reappointment of Facundo Bacardi as chairman of the board.
LIECHTENSTEIN COURTS REGRETTABLY REFUSED TO REMEDY THE SITUATION
The recent strong hostilities and disputes in Liechtenstein were followed by new clockwork threats against Lady Monika Bacardi (even by e-mail sent from the e-mail address of a deceased person). Serious and repeated threats were directed also against one of Bacardi lady’s advisers.
In the meantime, of the pending proceedings that ended with the Constitutional Court judgment of 27 June 2023, Maria Luisa Bacardi and Lady Monika Bacardi have unsuccessfully filed a number of legal claims in Liechtenstein, notably:
- two criminal proceedings for investigating into BASTILLE TRUST (in which, inter alia, their private party status was not granted by the Liechtenstein Courts);
- one disciplinary proceeding against the new professional trustees of BASTILLE TRUST before the Chamber of Trustees, which was dismissed because Dr. Bernhard Lorenz had meanwhile initiated, in December 2019, legal proceedings for Lady Monika Bacardi’s dismissal before the Liechtenstein Regional Court;
- one disciplinary proceeding against Dr. Bernhard Lorenz before the Liechtenstein Chamber of Lawyers. As a result of their complaint, the Liechtenstein Chamber of Lawyers instituted legal proceedings against Dr. Bernhard Lorenz. However, the Liechtenstein Court of Appeal, which is competent to decide on the legal actions brought by the Chamber of Lawyers against its members, dismissed the complaint. Unfortunately, the reasoning of the Court of Appeal was that the challenged conduct of Dr. Bernhard Lorenz was carried out in his capacity as BASTILLE TRUST’s professional trustee and not as Lady Monika Bacardi’s lawyer.
As a result, although, Maria Luisa Bacardi and Lady Monika Bacardi, have spent and are still spending tens of millions of euros mainly to defend their basic rights in Liechtenstein (contributing to feeding a perverse local system), they no longer place any hope in the proceedings still pending in Liechtenstein.
Moreover, BASTILLE TRUST’s professional trustees and Bacardi Ltd. have been obstructing for nearly two years the legal proceedings instituted by Maria Luisa Bacardi and Ladi Monika Bacardi in Monaco seeking, inter alia, the declaration of nullity or non-existence of BASTILLE TRUST on the basis of a specious ground of jurisdiction of the Monegasque Courts, although Lord Luis Bacardi had been resident in Monaco at the time of his death for over 30 years, his succession was opened in Monaco, the executors of his testament are in Monaco and Lady Monika Bacardi is also a Monegasque citizen.
The judgments of the Liechtenstein Courts confirm verbatim that the protection, irrespective of the existence or non-existence of the legal requirements, for the validity of BASTILLE TRUST, constitutes the main purpose of their mandate as professional trustees.
In essence, what has happened from 1979 to nowadays to Lord Luis Bacardi and his heirs in Liechtenstein, where they have spent decades of their lives and tens of millions of euros in court battles, should give pause for thought to anyone willing to handle his assets in Liechtenstein legal instruments, where, at best, these legal instruments are only aimed at enriching the local system of trustees, lawyers and banks.
Indeed, Liechtenstein, while being party to:
a) the European Convention on Human Rights, systematically infringes Article 1, Protocol 1 (Protection of Property), Article 6 (Right to a Fair Trial) and Article 13 (Right to an Effective Remedy);
b) the EEA, which in its cornerstones establishes judicial cooperation and the circulation of judgments between its member states, has never ratified any international private law conventions, neither of substantive law (i.e: Rome I Convention of 1980, Rome II Convention of 2007), nor of procedural law Brussels Convention of 1968, Lugano Convention of 1988, Regulation 44 of 2001 knows as Brussels 1, Lugano Convention of 2008, Regulation 1215/2012, known as Brussels 1 bis, etc.) and European directives on inheritance law (i.e: Regulation 650/2012), making its legal and judicial system almost impenetrable and in blatant violation of numerous articles of the EEA Agreement. making its legal and judicial system almost impenetrable.