Lawyers have persuaded Senior District Judge James Lawrence King to
authorize the taking of money in the wake of congressional passage of the
Treasury and General Government Appropriations Act of 1999. Last week,
President Clinton signed the massive bill into law -- which includes a
small provision allowing people who hold judgments against Cuba to collect
from a pool of frozen assets that had been blocked by the Treasury
Department.
The provision requires the State and Treasury departments to assist the
courts and the U.S. Marshals Service to help locate frozen assets.
In December 1997 -- a year after Cuban MiGs shot down two Cessnas near
Cuba's coast -- King awarded more than $187.6 million in damages to the
families of Miami area residents Aramando Alejandre, Carlos Alberto Costa
and Mario de la Pena.
The Cuban government never appeared before King.
King found the Cuban government in default. He heard evidence about
the shootdown and took testimony about mental suffering and economic
damages inflicted on the men's families.
According to papers filed last week in U.S. District Court in Miami,
the families' lawyers ``have on several occasions'' asked the Treasury
Department to help locate the blocked assets, ``but such information has
not been provided.'' The papers are signed by the Miami lawyers who
pressed the families' lawsuits: Roberto Martinez, a former U.S. attorney
for South Florida, and Frank Angones and Aaron Podhurst.
The lawyers declined to discuss the order Monday but have scheduled a
news conference today.
During their search, the lawyers said in court papers, they learned
that some of the frozen assets include AT&T payments to Cuba, which have
occupied bank accounts established by the corporation.
The money -- which is believed to be in the millions -- constitutes
``settlement payments'' or royalties from AT&T for the right to use Cuba's
telecommunications system when its customers made long-distance calls
between the United States and the island. Between 1963 and the early
1990s, AT&T deposited all of the royalty money earmarked for Cuba into the
blocked accounts.
An AT&T spokesman said Monday that the company's legal department had
not received the ``writ of execution'' signed by King and could not
discuss it. But the spokesman, Gustavo Alfonso, said the money in question
is not under AT&T's control.
``That money is not AT&T's money,'' he said. ``That money, or those
funds, are under the control of the U.S. government.''
The families face another obstacle: Clinton, moments after signing the
appropriations bill, issued a ``Presidential Determination'' seeking to
block the collection requirements ``in the interest of national
security.''
Dead fliers' families pursue frozen bank assets that AT&T paid to
Cuba
Copyright © 1998 The Miami
Herald