Mark A. Goldstein
Attorney at Law
1380 NE Miami Gardens Drive, Suite 205
Miami, Florida 33179
Telephone: (305) 342-4839
Website: www.markgoldstein.net
Via Facsimile and Email
December 6, 2016
Patrick Taiamantes
President
Miami Herald Media Company
C/0 McClatchy Legal Dept.
2100 Q Street
Sacramento, CA 95816
Re:
Demand for Retraction
Dear Mr. Taiamantes:
I am counsel to Carlos Urbaneja, a gentleman whom your El Nuevo Herald wrote
a defamatory article about which was published online yesterday. The entire story is a
one sided version of the events which dispute is currently in litigation in the Broward
County Courts. The Plaintiffs in the case have used your newspaper to unfairly
prejudice my client in that pending litigation. The article itself is filled with falsehoods
which I will identify in detail in this letter.
The article lists people who were allegedly defrauded by Mr. Urbaneja. One of
those listed in a gentleman named Briceno who allegedly lost $400,000. My client has
proof that the $400,000 Mr. Briceno claims was stolen from him did not belong to him.
Specifically, the $400,000 belonged to another investor named Humberto Del Grosso
who has not made any claims against my client or accused him of any wrongdoing.
Notwithstanding those facts, you falsely reported that my client stole $400,000 from Mr.
Briceno and another $500,000 from Mr. Del Grosso. Additionally, Mr. Briceno received
between $300,000 to $400,000 in commissions from OCC and was a director of OCC
Cafe, two critical facts omitted from your article.
You also listed Wilfredo Gonzalez and Jose Ramirez as victims of my client.
Neither of those gentlemen have ever made a claim against my client or accused him of
any wrongdoing. As to investors Paola Arciniegas, and Carlos Suarez, neither of these
people gave my client money. The funds went to a gentleman named Mark Advent.
Similarly, Guntram Von Habsburg, another gentleman who you listed as a victim, did not
invest his money as related in your article. Mr. Von Habsburg invested in a developing
company on which himself owned 50% and was President/CEO. Additionally this
gentlemen has never made a claim against my client or accused him of any
wrongdoing.
You also listed a gentleman named Boris Duran as a victim. He is not a victim as he has
not made any claims against my client and currently owns and operates an Orange
County Chopper Cafe in Newburgh, New York.
Another alleged victim is a gentleman named Arguello. He actually is not a victim, but
instead is the perpetrator of extortion against my client. Mr. Arguello is a law
enforcement officer for the corrupt government of Venezuela and he used his position
and influences to threaten bodily harm to Mr. Urbaneja's family members and partners,
in order to extort from Mr. Urbaneja a Lamborghini, two houses in Venezuela and two
expensive custom made motorcycles. Thus, any money Mr. Arguello lost, assuming for
the sake of argument that it was his money, has been more than repaid. Lastly, Eloy
Jimenez, who you listed as being bilked out of $70,000 has been repaid $35,000 at the
time your story was published.
Your story, with its many falsehoods, has deeply affected my client's life and caused
him great damage to his reputation, emotional distress and financial ruin, as the
Venezuelan community in South Florida is very close.
Therefore, on behalf of my client, and pursuant to Chapter 770, Florida Statutes, I
demand an immediate apology, correction and retraction of these falsehoods within five
days. If that does not occur then my client has authorized me to commence litigation
against your company and the author of the article.
Sincerely,
MARK A GOLDSTEIN
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Tel
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