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Filing # 142902639 E-Filed 01/28/2022 06:12:06 PM
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
COMPLEX BUSINESS LITIGATION
SECTION
LUIS ARON,
Plaintiff, CASE NO. 21-024341-CA-01
v.
MARTA DAVALOS DE GOMEZ, RUBEN GOMEZ
CARDOZO, DIANA GOMEZ DAVALOS, and
DORAL S.A.
Defendants.
___________________________________________/
AMENDED COMPLAINT
Luis Aron sues MARTA DAVALOS DE GOMEZ, RUBEN GOMEZ CARDOZO,
DIANA GOMEZ DAVALOS (collectively “the GOMEZ DEFENDANTS”), and DORAL S.A.
(“Doral”) for damages caused by conspiracy, breach of fiduciary duty, fraud in the inducement,
and breach of contract.
Introduction
1. This is an action for breach of fiduciary duty, breach of contract, negligent
misrepresentation, and conspiracy. The GOMEZ DEFENDANTS started a deliberate, systematic
and unlawful scheme to extort Mr. Aron (a United States citizen) in Paraguay, then moved their
scheme to Florida in an effort to steal Mr. Aron’s assets in Florida. This lawsuit concerns the
GOMEZ DEFENDANTS’ scheme carried out into Florida.
2. In 1977, Mr. Aron founded Doral in Paraguay. Doral was the exclusive licensee for
Adidas in Paraguay. Mr. Aron was Doral’s sole shareholder and President. Doral was Mr. Aron’s
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life project. Shortly after Doral’s founding, OSCAR GOMEZ CARDOZO became both Doral’s
accountant and Mr. Aron’s personal accountant. RUBEN GOMEZ CARDOZO became Doral’s
attorney and Mr. Aron’s personal attorney in Paraguay.
3. In 1996, Mr. Aron and his family moved to Miami. Mr. Aron traveled back and
forth carrying on as president of Doral.
4. In 2002, Mr. Aron and his wife divorced. Although Mr. Aron still considered Miami
his primary home and homestead, his business kept him in Paraguay for increasingly longer
periods of time. During these long stretches of time each year, Mr. Aron found himself all alone
in Paraguay without family, which wreaked havoc on Mr. Aron’s mental state. His mental decline
was amplified by the fact that Mr. Aron suffered from PTSD as a combat veteran fighting for the
Israel Defense Forces in the Six-Day War and the Yom Kippur War. Additionally, Mr. Aron
suffered from clinical codependency, a diagnosis exploited by his purported friends and confidants
in the GOMEZ DEFENDANTS. While in a fragile mental state, the GOMEZ DEFENDANTS
intruded themselves further into Mr. Aron’s professional and personal life. Over and above the
close professional relationships that Oscar Gomez Cardozo and Ruben Gomez Cardozo had with
Mr. Aron, the GOMEZ DEFENDANTS ingratiated themselves with Mr. Aron by comforting him
and make him feel like they were his new family. The GOMEZ DEFENDANTS preyed on Mr.
Aron’s vulnerability and started to take control over Mr. Aron’s business Doral, and over his life
using a combination of the pretense of friendship intermixed at various times with threats, lies, and
extortion.
5. To effectuate this plan on the business side, OSCAR GOMEZ CARDOZO,
MARTA DAVALOS DE GOMEZ and RUBEN GOMEZ CARDOZO took advantage of Mr.
Aron’s weak mental state and manipulated Mr. Aron to hire their family members and friends for
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different positions at Doral. Mr. Aron’s hiring decisions were not voluntary, but rather resulted
from deliberate efforts to exploit through threatened force and intimidation Mr. Aron’s weak
mental state. OSCAR GOMEZ CARDOZO, MARTA DAVALOS DE GOMEZ and RUBEN
GOMEZ CARDOZO then proceeded to take control of the day-to-day operations of the business,
including management of the business, and control of the record-keeping. In addition to this day-
to-day control and dominion over Doral, OSCAR GOMEZ CARDOZO, MARTA DAVALOS DE
GOMEZ and RUBEN GOMEZ CARDOZO removed any potential oversight. This had the effect
of a total takeover of Doral affairs and Mr. Aron’s life by OSCAR GOMEZ CARDOZO, MARTA
DAVALOS DE GOMEZ and RUBEN GOMEZ CARDOZO, and their family members.
6. In order to implement the plan, OSCAR GOMEZ CARDOZO, MARTA
DAVALOS DE GOMEZ and RUBEN GOMEZ CARDOZO, and their family members exerted
more and more control over Mr. Aron personally and professionally. In 2016, OSCAR GOMEZ
CARDOZO, MARTA DAVALOS DE GOMEZ and RUBEN GOMEZ CARDOZO manufactured
a liquidity crisis at Doral (in reality caused by the money the GOMEZ DEFENDANTS and their
family had been stealing) and demanded that Mr. Aron wire funds from his personal account in
Florida to Doral. Mr. Aron could not imagine losing his “family” and the company he spent his
life building. To save the company, Mr. Aron wired approximately $1.3 million as loans to Doral
from his personal account in Florida to Doral’s account in Paraguay. To date, Doral has not paid
back those loans despite OSCAR GOMEZ CARDOZO, MARTA DAVALOS DE GOMEZ and
RUBEN GOMEZ CARDOZO’s promise that Doral (which the GOMEZ DEFENDANTS and their
family now completely control) would pay Mr. Aron back in Florida.
7. The Gomez Family, which includes the GOMEZ DEFENDANTS, through their
threats and coercion then stole 70% of Doral from Mr. Aron.
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8. In 2018, the Gomez Family, which includes the GOMEZ DEFENDANTS,
represented to Mr. Aron that there were millions of dollars in cash missing from Doral’s accounts.
The Gomez Family, which includes the GOMEZ DEFENDANTS, stole a portion of these funds
as they were the only ones who managed Doral’s cash and bank accounts.
9. The GOMEZ DEFENDANTS moved on to the next step of their plan: committing
torts in Florida through phone calls, emails, and text messages, starting with a call to Mr. Aron’s
daughters in Florida defaming Mr. Aron and threatening Mr. Aron’s safety, reputation, and
financial well-being. 1 The GOMEZ DEFENDANTS’ conspiracy plan was to use their position of
trust and confidence to cause Mr. Aron to liquidate his personal bank account in Florida, sell his
residence in Miami, Florida, and send the money to the GOMEZ DEFENDANTS.
The Parties
10. Luis Aron is an individual over the age of eighteen (18), a United States citizen,
and a resident of Miami-Dade County, Florida.
11. MARTA DAVALOS DE GOMEZ is an individual over the age of eighteen (18),
and a resident of Paraguay. She is a director and current president of Doral, the widow of OSCAR
GOMEZ CARDOZO, and the mother of Marcos Benjamin Gomez Davalos, Jorge Isaac Gomez
Davalos, and DIANA GOMEZ DAVALOS. MARTA DAVALOS DE GOMEZ and her deceased
husband OSCAR GOMEZ CARDOZO purchased a timeshare in the State of Florida and procured
a mortgage in the State of Florida. See composite Exhibit A. Her address is Edificio San Rafael,
Yegros 437, 14th floor, in Asuncion, Paraguay. OSCAR GOMEZ CARDOZO was the accountant
of Doral and of Mr. Aron, and later, after stealing Mr. Aron’s shares in Doral, a shareholder of
Doral. Notably, Oscar Gomez Cardozo was indicted in Paraguay in 2002 for breach of fiduciary
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Mr. Aron’s daughters have lived in Florida for over 25 years. One of Mr. Aron’s daughters is a practicing attorney
and the other daughter is a licensed therapist. Mr. Aron’s daughters have never been involved in or worked for Doral.
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duty and improper conduct as a director of a bank. The indictment alleged that directors of the
bank gave improper loans without collateral to related parties and bankrupted a bank. OSCAR
GOMEZ is deceased.
12. RUBEN GOMEZ CARDOZO is an individual over the age of eighteen (18), and a
resident of Paraguay. He is a lawyer in Paraguay and a director and officer of Doral and brother of
OSCAR GOMEZ CARDOZO. His office is located at Edificio San Rafael, Yegros 437, 14th floor,
in Asuncion, Paraguay. He was Mr. Aron’s personal lawyer and also Doral’s lawyer.
13. DIANA GOMEZ DAVALOS is an individual over the age of eighteen (18), and a
resident of Paraguay. She is the daughter of OSCAR GOMEZ CARDOZO and MARTA
DAVALOS DE GOMEZ.
14. The GOMEZ DEFENDANTS consists of the individuals listed in paragraphs 11
through 13, above. The above-referenced members of the GOMEZ DEFENDANTS worked and
conspired in concert with other co-conspirators. 2 Each performed their role in perfecting this
scheme with full knowledge of the falsity of the allegations against Mr. Aron and full knowledge
that Mr. Aron is a United States citizen and Miami-Dade resident, and that Mr. Aron’s assets (other
than his shares in Doral) and real property were at all pertinent times located in Miami-Dade
County, Florida.
15. DORAL S.A. (“Doral”) is a company organized and existing under the laws of the
country of Paraguay with its principal place of business in Asuncion, Paraguay which was founded
by Mr. Aron.
Jurisdiction and Venue
16. This action seeks damages in excess of $30,001.00, exclusive of interest, attorneys’
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Mr. Aron will take discovery and may seek to amend the complaint after getting discovery from the Defendants.
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fees and costs, and is therefore within the jurisdiction of this Court.
17. Venue is proper in this Court pursuant to Fla. Stat. § 47.011 because the causes of
action asserted herein accrued in Miami-Dade County, Florida. Additionally, Mr. Aron is a
resident of Miami-Dade County.
18. This Court has jurisdiction over Defendants pursuant to § 48.193(1)(a)(2), Florida
Statutes, because they committed tortious acts in this state. This Court also has jurisdiction over
Defendant Doral pursuant to § 48.193(1)(a)(7), Florida Statutes. This Court has jurisdiction over
this matter as the amount in controversy is within the jurisdictional threshold for this Court.
General Allegations
19. As explained above, the GOMEZ DEFENDANTS brought their conspiracy and
breach of fiduciary duties to Florida. This action revolves exclusively around the torts committed
by the GOMEZ DEFENDANTS in Florida.
20. On July 31, 2018, OSCAR GOMEZ CARDOZO and MARTA DAVALOS DE
GOMEZ called Mr. Aron’s daughters in Florida (who are United States citizens, reside in Miami-
Dade County, Florida, and have never been involved with Doral or any aspect of the business) to
tell them that Mr. Aron had taken millions of dollars from Doral and that Mr. Aron would therefore
go to jail. OSCAR GOMEZ CARDOZO and MARTA DAVALOS DE GOMEZ also said that
their children Marcos Gomez Cardozo and Jorge Gomez Cardozo would conduct an audit of Doral
to show that millions of dollars were missing. OSCAR GOMEZ DAVALOS and MARTA
DAVALOS DE GOMEZ knew that what they told Mr. Aron’s daughters was false and that Mr.
Aron never stole money from Doral. OSCAR GOMEZ CARDOZO and MARTA DAVALOS DE
GOMEZ also said that RUBEN GOMEZ CARDOZO agreed with them, and that Mr. Aron should
be careful because he would not want this “problem” to arrive in the United States.
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21. Over the course of the next few years, the GOMEZ DEFENDANTS callously and
corruptly continued to threaten Mr. Aron and his family so that they could continue to extort money
from him.
22. On July 5, 2019, RUBEN GOMEZ CARDOZO texted Mr. Aron that he should talk
with his daughter in Miami (who is a United States Citizen and Florida resident and had never
been involved with the business) about Doral’s situation so that she can ask her family members
for money “in exchange for the family’s safety” and because “any legal and criminal issue will
tarnish the name of the family” including the daughter’s name and reputation in her professional
life in Miami. RUBEN GOMEZ CARDOZO knew that Mr. Aron’s daughters are United States
citizens and live in Florida. This text message shows the GOMEZ DEFENDANTS’ intent to extort
Mr. Aron and his daughters in Florida, which intent they later carried out.
23. The GOMEZ DEFENDANTS conspired and then sent threats (which breach
fiduciary duties) to Mr. Aron in Florida by way of phone calls, text message, and emails. As a
result of the GOMEZ DEFENDANTS’ conspiracy, Mr. Aron wired the following amounts from
his personal Florida bank account to Doral: 3
a. $500,000 on October 12, 2016
b. $200,000 on October 27, 2016
c. $150,000 on November 22, 2016. OSCAR GOMEZ CARDOZO and RUBEN
GOMEZ CARDOZO called Mr. Aron while Mr. Aron was in Florida to extort him
to wire these funds to Doral.
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Notably, Doral also had a bank account in Florida with EFG Bank, which was used exclusively to pay dividends to
Mr. Aron (as 100% owner of Doral) and to pay Adidas for goods purchased. The few dividends Mr. Aron was paid
from Doral’s EFG account were properly reported by OSCAR GOMEZ CARDOZO as dividends issued by Doral.
See letters from Doral signed by OSCAR GOMEZ CARDOZO attached as Exhibit B. The entire time this account
was open, Doral belonged 100% to Mr. Aron. The GOMEZ DEFENDANTS were aware of this EFG account and all
its expenditures. This account was closed in early 2015.
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d. $100,000 on December 15, 2016
e. $210,000 on August 6, 2018
f. $200,000 on September 12, 2019. MARTA DAVALOS DE GOMEZ and OSCAR
GOMEZ CARDOZO called Mr. Aron in Florida and extorted and threatened him,
and told him that if he did not wire $200,000 to Doral, Doral would go bankrupt
which would have criminal consequences for him. As a result, Mr. Aron emptied
out his retirement account (from Florida) and went to the bank in Miami and caused
a wire transfer of $200,000 to be sent from his personal account in Florida to Doral
in Paraguay. 4
24. But the GOMEZ DEFENDANTS did not leave their prey alone. The next stage of
their plan started: threats, false accusations, and breaches of fiduciary duty, so that Mr. Aron would
be in a constant state of fear and dependency, and Mr. Aron would not dare ask for the return of
the funds extorted from him in Florida:
a. On October 21, 2019, RUBEN GOMEZ CARDOZO, on behalf of the GOMEZ
DEFENDANTS, sent an email to Mr. Aron in Florida demanding that Mr. Aron
immediately wire $200,000 to Doral before the end of the month. RUBEN
CARDOZO GOMEZ sent this email from his email address
rubengomez52@XXXXX.com, and copied Marcos Gomez Davalos at
marcos.gomez.adidas@XXXXXX.com, and OSCAR GOMEZ CARDOZO at
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abog@XXXX.com.py. RUBEN GOMEZ CARDOZO was acting as part of the
conspiracy with the GOMEZ DEFENDANTS when he sent this email. RUBEN
GOMEZ CARDOZO also asked Mr. Aron in this email to communicate with him,
Marcos Gomez Davalos or OSCAR GOMEZ CARDOZO.
b. On November 4, 2019 RUBEN GOMEZ CARDOZO, on behalf of the GOMEZ
DEFENDANTS, sent an email to Mr. Aron in Florida States blaming the financial
situation of Doral on Mr. Aron (even though it was the GOMEZ DEFENDANTS
who had managed Doral and who had control over all the bank accounts of Doral
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The damages caused by the GOMEZ DEFENDANTS to Mr. Aron are in the tens of millions of dollars as, inter alia,
the GOMEZ DEFENDANTS stole Doral from Mr. Aron. The damages sought in this case are only the damages being
sought from the GOMEZ DEFENDANTS for their torts and breaches here in Florida.
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The email addresses are truncated per the Florida Rules of General Practice and JudicialAdministration. The
complete email addresses are available upon request.
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for over ten years) and ironically demanding that Mr. Aron ask the GOMEZ
DEFENDANTS for permission to stay in the United States which is not only his
home but where he also enjoys United States citizenship. RUBEN CARDOZO
GOMEZ sent this email from his email address rubengomez52@XXXX.com, and
copied Marcos Gomez Davalos at marcos.gomez.adidas@XXXXX.com, OSCAR
GOMEZ CARDOZO at abog@XXXX.com.py, and Jorge Gomez Cardozo at
jorge.gomez@XXXXX.com.py.
c. On December 16, 2019, RUBEN GOMEZ CARDOZO, on behalf of the GOMEZ
DEFENDANTS, sent an email to Mr. Aron in Florida stating: “I asked you to send
the $200,000 and we still do not know anything about it.” RUBEN GOMEZ
CARDOZO also threatened Mr. Aron that he would use certain documents (which
were obtained under duress from Mr. Aron) against Mr. Aron. RUBEN GOMEZ
CARDOZO, as well as MARTA DAVALOS DE GOMEZ, knew these documents
were false and used these as a control mechanism over Mr. Aron. RUBEN GOMEZ
CARDOZO also told Mr. Aron that Mr. Aron’s lawyers could not have access to
Doral’s documents (which Mr. Aron’s attorneys requested and to access to which
Mr. Aron has a right to) because of (bogus) confidentiality concerns. RUBEN
CARDOZO GOMEZ sent this email from his email address
rubengomez52@XXXXX.com. RUBEN GOMEZ CARDOZO was acting as part
of the conspiracy with the GOMEZ DEFENDANTS when he sent this email to
Florida.
d. On January 8, 2020, Oscar Gomez Cardozo, on behalf of the GOMEZ
DEFENDANTS, sent an email to Mr. Aron who was in Florida where they stated
they needed $5 million from Mr. Aron. OSCAR GOMEZ CARDOZO further
threatened Mr. Aron that if Doral were audited, the millions of dollars Mr. Aron
allegedly took would come to light and that it would be “provable” that he took the
money. The GOMEZ DEFENDANTS always knew that Mr. Aron did not take the
money as the GOMEZ DEFENDANTS were the only ones who had control over
Doral’s finances and bank accounts. 6 OSCAR GOMEZ CARDOZO sent this email
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While the GOMEZ DEFENDANTS falsely accuse Mr. Aron of taking millions of dollars, they have been living a
life of luxury, fed in large part by the funds they falsely accuse Mr. Aron of taking and by the control of Doral they
stole from Mr. Aron. The children of Defendant MARTA DAVALOS DE GOMEZ (Marcos Gomez Davalos and
Jorge Gomez Davalos) live in new expensive houses and drive top-of-the-line luxury cars. Marcos Gomez Davalos
purchased a gym and photography studio for his wife and a cattle ranch called El Progreso in Tobati, Paraguay. The
money that the GOMEZ DEFENDANTS falsely accuse Mr. Aron of taking has been used to fund a life of luxury and
is upon information and belief in MARTA DAVALOS DE GOMEZ’s Swiss and Panamanian secret bank accounts as
they would have no other significant income with which to fund these accounts. MARTA DAVALOS DE GOMEZ
uses as her Swiss accounts’ banker/advisor Mr. Alfredo Goller who resides in Uruguay and works at Helvetia
Advisors. Mr. Goller is not a co-conspirator, but he has knowledge of the GOMEZ DEFENDANTS’ investments and
bank accounts. Upon information and belief, MARTA DAVALOS DE GOMEZ also has accounts at Bordier & Cie
(Uruguay S.A.) and Bordier International, S.A. (a Swiss private bank), which addresses are Edificio Beta 3, oficina
102, Zonamerica, 91600 Montevideo, Uruguay. MARTA DAVALOS DE GOMEZ and OSCAR GOMEZ
CARDOZO also have used an account under the fake name Num Maosuy at Falcon Private Bank in Switzerland. See
picture attached as Exhibit C. In addition, MARTA DAVALOS DE GOMEZ has a bank account in Panama. Her
banker there is Mr. Jorge Schvartzman. Mr. Schvartzman is not a co-conspirator, but he has knowledge of the GOMEZ
DEFENDANTS’ investments and bank accounts. Upon information and belief, the GOMEZ DEFENDANTS also
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from his email address abog@XXXX.com.py and copied RUBEN GOMEZ
CARDOZO at rubengomez52@XXXXX.com. OSCAR GOMEZ CARDOZO was
acting as part of the conspiracy with the GOMEZ DEFENDANTS when he sent
this email to Florida.
e. The very next day, on January 9, 2020, OSCAR GOMEZ CARDOZO sent an email
to Mr. Aron (who was in Florida) again falsely accusing Mr. Aron of taking Doral’s
funds. OSCAR GOMEZ CARDOZO wrote that these funds were in cash and came
from Doral’s comptroller (who is none other than comptroller Ada Aquino de
Huespe). OSCAR GOMEZ CARDOZO sent this email from his email address
abog@XXXX.com.py and copied RUBEN GOMEZ CARDOZO at
rubengomez52@XXXXX.com. OSCAR GOMEZ CARDOZO was acting as part
of the conspiracy with the GOMEZ DEFENDANTS when he sent this email to
Florida and as agent of RUBEN GOMEZ CARDOZO as shown by the fact that he
copied RUBEN GOMEZ CARDOZO on this email.
f. On April 29, 2020, RUBEN GOMEZ CARDOZO, on behalf of the GOMEZ
DEFENDANTS, sent a text to Mr. Aron (who was in Florida) telling Mr. Aron that
if Mr. Aron did not call the GOMEZ DEFENDANTS, they would file a criminal
complaint against him. All the while, Mr. Aron had lawyers in Paraguay who
represented him and who were from the beginning available to speak with the
GOMEZ DEFENDANTS. However, the GOMEZ DEFENDANTS knew they
could not extort the lawyers so they needed to get Mr. Aron on the phone to further
extort him. RUBEN GOMEZ CARDOZO was acting as part of the conspiracy with
the GOMEZ DEFENDANTS when he sent this text message to Florida. 7
g. On June 27, 2020, DIANA GOMEZ DAVALOS, on behalf of the GOMEZ
DEFENDANTS, sent a text to Mr. Aron (who was in Florida) stating (with
knowledge of its falsity) that she knows he committed fraud and that he would not
be able to live in peace. DIANA GOMEZ DAVALOS was acting as part of the
conspiracy with the GOMEZ DEFENDANTS when she sent this text message to
Florida.
25. All the GOMEZ DEFENDANTS were acting as the alter egos for one another.
hide theirassets in the following Paraguayan entities: Crisol Empredimientos, S.A., Falabella, S.A., Logistica
Deportiva, S.A., and Sinergia de Inversiones, S.A.
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In August 2020, the GOMEZ DEFENDANTS knowingly and intentionally filed false criminal charges against Mr.
Aron in Paraguay. These charges were filed ex parte under seal, Mr. Aron was not provided notice, and was not given
due process. Fearing for his safety, Mr. Aron has not returned to Paraguay since 2019, and has not received any official
notice or service of this complaint. The GOMEZ DEFENDANTS then asked, and the Paraguayan court granted, an
international capture order against Mr. Aron. The GOMEZ DEFENDANTS filed this case in Luque (a small town in
Paraguay) because the GOMEZ DEFENDANTS and their co-conspirators have political power and influence in
Luque. The only reason this case is in Luque is because of the GOMEZ DEFENDANTS’ motivation to abuse the
system through theirpolitical connections fortheir own nefarious gain. In Asuncion (the largest city,capital of
Paraguay, and location of Doral) the political influence of the GOMEZ DEFENDANTS is not as pervasive as their
political influence in Luque.
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26. Paraguay is not an adequate forum for this case as is evident by the GOMEZ
DEFENDANTS’ continuous blocking of Mr. Aron’s lawsuit to obtain Doral’s book and records.
The GOMEZ DEFENDANTS kept all the books and records of Doral and refused access to Mr.
Aron to the books and records for over ten years. To fight back seeking the truth, in November
2019, Mr. Aron filed a lawsuit seeking documents against Doral in Paraguay. Despite the
Paraguayan court ordering Doral to provide its books and records to Mr. Aron, the GOMEZ
DEFENDANTS thwarted the transfer by successive appeals and motions to recuse the judges. For
two years, the GOMEZ DEFENDANTS have prevented Mr. Aron from receiving any documents
or financial records to which he is entitled under Paraguayan law.
27. All conditions precedent have been performed or have occurred.
Count I – CIVIL CONSPIRACY
(Against MARTA DAVALOS DE GOMEZ, RUBEN GOMEZ CARDOZO, and DIANA
GOMEZ DAVALOS)
28. Luis Aron realleges and reincorporates paragraphs 1 through 27, inclusive, as if
specifically and fully set forth herein.
29. MARTA DAVALOS DE GOMEZ, RUBEN GOMEZ CARDOZO, and DIANA
GOMEZ DAVALOS are part of a civil conspiracy and agreed on a plan for OSCAR GOMEZ
CARDOZO and RUBEN GOMEZ CARDOZO to breach their fiduciary duties to Mr. Aron in
Florida.
30. OSCAR GOMEZ CARDOZO was Mr. Aron’s personal accountant for over 30
years and had a fiduciary duty and duty of loyalty to act in good faith and to protect Mr. Aron.
OSCAR GOMEZ CARDOZO is a member of the conspiracy who is not a defendant in this lawsuit
as he is deceased.
31. RUBEN GOMEZ CARDOZO was Mr. Aron’s personal lawyer for over 30 years
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and had a fiduciary duty and duty of loyalty to act in good faith and to protect Mr. Aron.
32. Additionally, as explained above, Mr. Aron was dependent on RUBEN GOMEZ
CARDOZO and OSCAR GOMEZ CARDOZO to provide him with legal, accounting, and
financial advice. RUBEN GOMEZ CARDOZO and OSCAR GOMEZ CARDOZO undertook for
over 30 years to advise, counsel, and protect Mr. Aron.
33. In furtherance of the conspiracy to commit breaches of fiduciary duty, the GOMEZ
DEFENDANTS committed overt acts. As alleged above in paragraphs 20, 23, and 24, the GOMEZ
DEFENDANTS sent emails, phone calls, and a text message to Mr. Aron in Florida which
breached the fiduciary duties of RUBEN GOMEZ CARDOZO and OSCAR GOMEZ CARDOZO
owed to Mr. Aron. Instead of protecting Mr. Aron, the GOMEZ DEFENDANTS attacked and
threatened Mr. Aron. These actions are against the duties of loyalty owed by attorneys and
accountants to their clients.
34. The overt acts taken by the GOMEZ DEFENDANTS in furtherance of their
conspiracy were unlawful and/or were taken by unlawful means.
35. As a proximate result of the conspiracy to commit breach of fiduciary duty by and
among the GOMEZ DEFENDANTS, Mr. Aron has suffered, and continues to suffer, damages.
WHEREFORE, Luis Aron demands judgment against MARTA DAVALOS DE GOMEZ,
RUBEN GOMEZ CARDOZO, and DIANA GOMEZ DAVALOS, for damages and awarding any
further relief that this Court deems just and proper.
Count II – BREACH OF FIDUCIARY DUTY
(Against RUBEN GOMEZ CARDOZO)
36. Luis Aron realleges and reincorporates paragraphs 1 through 27, inclusive, as if
specifically and fully set forth herein.
37. RUBEN GOMEZ CARDOZO was Mr. Aron’s personal lawyer in Paraguay for
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over 30 years, owed Mr. Aron a fiduciary duty and duty of loyalty to act in good faith and protect
Mr. Aron.
38. RUBEN GOMEZ CARDOZO breached his fiduciary duties owed to Mr. Aron by
acquiring undue influence over Mr. Aron and abusing Mr. Aron’s trust to his detriment while
enriching the GOMEZ DEFENDANTS.
39. RUBEN GOMEZ CARDOZO breached his duty to Mr. Aron by sending Mr. Aron
extortionate emails in Florida. Instead of protecting Mr. Aron, RUBEN GOMEZ CARDOZO sent
him threats and false accusations in Florida.
WHEREFORE, Luis Aron demands judgment against RUBEN GOMEZ CARDOZO for
damages and awarding any further relief that this Court deems just and proper.
Count III – BREACH OF ORAL CONTRACT
(Against DORAL S.A.)
40. Luis Aron realleges and reincorporates paragraphs 1 through 27, inclusive, as if
specifically and fully set forth herein.
41. RUBEN GOMEZ CARDOZO and OSCAR GOMEZ CARDOZO (as lawyer and
accountant of Doral) told Mr. Aron that Doral was not doing well, that Doral needed short term
cash infusions to get Doral over the hump, and that the funds would be payable on demand in
Florida. They used this tactic on multiple occasions. DORAL and Mr. Aron agreed that Mr. Aron
would loan monies to Doral and Doral would pay Mr. Aron back in Florida within months on
demand.
42. Mr. Aron performed under the oral contract and provided the funds to Doral. Mr.
Aron loaned the following amounts to Doral which funds were wired from Mr. Aron’s personal
account in Florida:
a. $500,000 on October 12, 2016
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b. $200,000 on October 27, 2016
c. $150,000 on November 22, 2016
d. $100,000 on December 15, 2016
e. $210,000 on August 6, 2018
f. $200,000 on September 12, 2019
43. Mr. Aron made demand for payment in 2019, but Doral, in breach of the oral
contract has refused to make payment.
44. Doral breached each and every agreement by not paying Mr. Aron back in Florida
within months as promised. Doral has never paid Mr. Aron principal or interest on these loans.
45. As a result Mr. Aron is damaged in the amount of $1,360,000.
WHEREFORE, Luis Aron demands judgment against DORAL S.A. for $1,360,000 in
damages, and awarding any further relief that this Court deems just and proper.
Count IV – NEGLIGENT MISREPRESENTATION
(Against MARTA DAVALOS DE GOMEZ)
46. Luis Aron realleges and reincorporates paragraphs 1 through 27, inclusive, as if
specifically and fully set forth herein.
47. In August 2019, MARTA DAVALOS DE GOMEZ AND OSCAR GOMEZ
CARDOZO called Mr. Aron in Florida and told Mr. Aron that Doral would pay him back for the
amounts of monies he loaned to Doral and told Mr. Aron that if he did not provide those funds,
that Doral would go bankrupt, the government would intervene in Doral, and that Mr Aron would
end up in jail.
48. MARTA DAVALOS DE GOMEZ knew or should have known that the
representation was false or made the representation without knowledge of its truth or falsity
49. MARTA DAVALOS DE GOMEZ intended that the representation would induce
14
Mr. Aron to rely and act on it.
50. Mr. Aron justifiably relied on the representation and loaned $200,000 from his
Florida account to Doral on September 12, 2019.
51. Mr. Aron is damaged in the amount of $200,000.
WHEREFORE, Luis Aron demands judgment against MARTA DAVALOS DE GOMEZ
for damages and awarding any further relief that this Court deems just and proper.
COUNT V – UNJUST ENRICHMENT (in the alternative)
(Against DORAL, S.A.)
52. Luis Aron realleges and reincorporates paragraphs 1 through 27, inclusive, as if
specifically and fully set forth herein.
53. In the event that it is determined by this Court that no contract was formed, this
cause of action for unjust enrichment is brought in the alternative to Count III.
54. Mr. Aron conferred a benefit on Doral of $1,360,000. Mr. Aron wired the funds
from his personal Florida bank account to Doral.
55. Doral knowingly and voluntarily accepted the $1,360,000 sent by Mr. Aron from
his personal Florida bank account.
56. The circumstances render it inequitable for Doral to retain the benefit conferred
without repayment to Mr. Aron in Florida.
WHEREFORE, Luis Aron demands judgment against DORAL S.A. for damages and
awarding any further relief that this Court deems just and proper.
COUNT VI – QUANTUM MERUIT (in the alternative)
(Against DORAL, S.A.)
57. Luis Aron realleges and reincorporates paragraphs 1 through 27, inclusive, as if
specifically and fully set forth herein.
15
58. Doral is indebted to Mr. Aron for funds provided in the amount of $1,360,000 from
Mr. Aron’s personal account in Florida.
59. Doral has been enriched by the funds provided by Mr. Aron and Doral has accepted
those funds with the express understanding that it would be obligated to repay those funds in
Florida.
60. In the alternative and in the event the Court cannot determine that a contract exists
and the terms thereof, Mr. Aron is entitled to recover the amount of funds provided, which is
$1,360,000.
WHEREFORE, Luis Aron demands judgment against DORAL S.A. for damages and
awarding any further relief that this Court deems just and proper.
Dated: January 28, 2022 Respectfully submitted,
By: s/ Donald J. Hayden
Donald J. Hayden, Esq.
Florida Bar No. 97136
Josh Migdal, Esq.
Florida Bar No. 19136
MARK MIGDAL & HAYDEN
Brickell City Tower
80 SW 8th Street, Suite 1999
Miami, FL 33130
Tel: (305) 374-0440
don@markmigdal.com
josh@markmigdal.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 28, 2022, a copy of the foregoing was electronically
filed through the Florida Courts E-Filing Portal which will send electronic notification of the above
filing to all registered users.
s/ Donald J. Hayden
16
DORAL s.a. adidas
Palma 530- Tel: 492057 Fax- 595 21 448962 -------///-------
P.O.Box -343 - Asunción Paraguay.
N .1720-12042012
A la At. del Sr. CPA:
Fvr. tomar nota;
A) Luis Aron por el año 2011 retiró a cta. como dividendos U$D: 150.000.-
Ciento cincuenta mil .00/100. (por dicho concepto se abonó 5% como
Impuesto a la Renta, U$D: 7.500. y mas 15% sobre el saldo (U$D:
22.500.-) por remesa al exterior que totaliza U$D: 30.000.- -----------------
B) Igualmente así como años anteriores, Luis Aron ha tenido ingresos,
exentos del impuesto a la Renta en Paraguay, en concepto de sueldos u
honorarios como Director Presidente de la firma, que sumaron
G: 120.000.000+(Bonificación Extra.2011) G: 72.000.000 = Total G:
192.000.000.- a Cio. Promedio U$D. 4.191 x c/G; que hacen U$D:
45.812,45. en el año.--------------------------------------------------------------------
C) Por ambos conceptos se abonó impuestos indicados en el punto A) y por
el punto B) solo se abona el Impuesto al Valor Agregado 10% (U$D:
4.582.-).- por la emisión de facturas a la firma DORAL S.A. sobre un total
de U$D: 45.812,45 a la tasa del 10% incluido.-----------------------------------
Para cualquier otra explicación quedo atento.
Preview
Filing # 142902639 E-Filed 01/28/2022 06:12:06 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA COMPLEX BUSINESS LITIGATION SECTION LUIS ARON, Plaintiff, CASE NO. 21-024341-CA-01 v. MARTA DAVALOS DE GOMEZ, RUBEN GOMEZ CARDOZO, DIANA GOMEZ DAVALOS, and DORAL S.A. Defendants. ___________________________________________/ AMENDED COMPLAINT Luis Aron sues MARTA DAVALOS DE GOMEZ, RUBEN GOMEZ CARDOZO, DIANA GOMEZ DAVALOS (collectively “the GOMEZ DEFENDANTS”), and DORAL S.A. (“Doral”) for damages caused by conspiracy, breach of fiduciary duty, fraud in the inducement, and breach of contract. Introduction 1. This is an action for breach of fiduciary duty, breach of contract, negligent misrepresentation, and conspiracy. The GOMEZ DEFENDANTS started a deliberate, systematic and unlawful scheme to extort Mr. Aron (a United States citizen) in Paraguay, then moved their scheme to Florida in an effort to steal Mr. Aron’s assets in Florida. This lawsuit concerns the GOMEZ DEFENDANTS’ scheme carried out into Florida. 2. In 1977, Mr. Aron founded Doral in Paraguay. Doral was the exclusive licensee for Adidas in Paraguay. Mr. Aron was Doral’s sole shareholder and President. Doral was Mr. Aron’s 1 life project. Shortly after Doral’s founding, OSCAR GOMEZ CARDOZO became both Doral’s accountant and Mr. Aron’s personal accountant. RUBEN GOMEZ CARDOZO became Doral’s attorney and Mr. Aron’s personal attorney in Paraguay. 3. In 1996, Mr. Aron and his family moved to Miami. Mr. Aron traveled back and forth carrying on as president of Doral. 4. In 2002, Mr. Aron and his wife divorced. Although Mr. Aron still considered Miami his primary home and homestead, his business kept him in Paraguay for increasingly longer periods of time. During these long stretches of time each year, Mr. Aron found himself all alone in Paraguay without family, which wreaked havoc on Mr. Aron’s mental state. His mental decline was amplified by the fact that Mr. Aron suffered from PTSD as a combat veteran fighting for the Israel Defense Forces in the Six-Day War and the Yom Kippur War. Additionally, Mr. Aron suffered from clinical codependency, a diagnosis exploited by his purported friends and confidants in the GOMEZ DEFENDANTS. While in a fragile mental state, the GOMEZ DEFENDANTS intruded themselves further into Mr. Aron’s professional and personal life. Over and above the close professional relationships that Oscar Gomez Cardozo and Ruben Gomez Cardozo had with Mr. Aron, the GOMEZ DEFENDANTS ingratiated themselves with Mr. Aron by comforting him and make him feel like they were his new family. The GOMEZ DEFENDANTS preyed on Mr. Aron’s vulnerability and started to take control over Mr. Aron’s business Doral, and over his life using a combination of the pretense of friendship intermixed at various times with threats, lies, and extortion. 5. To effectuate this plan on the business side, OSCAR GOMEZ CARDOZO, MARTA DAVALOS DE GOMEZ and RUBEN GOMEZ CARDOZO took advantage of Mr. Aron’s weak mental state and manipulated Mr. Aron to hire their family members and friends for 2 different positions at Doral. Mr. Aron’s hiring decisions were not voluntary, but rather resulted from deliberate efforts to exploit through threatened force and intimidation Mr. Aron’s weak mental state. OSCAR GOMEZ CARDOZO, MARTA DAVALOS DE GOMEZ and RUBEN GOMEZ CARDOZO then proceeded to take control of the day-to-day operations of the business, including management of the business, and control of the record-keeping. In addition to this day- to-day control and dominion over Doral, OSCAR GOMEZ CARDOZO, MARTA DAVALOS DE GOMEZ and RUBEN GOMEZ CARDOZO removed any potential oversight. This had the effect of a total takeover of Doral affairs and Mr. Aron’s life by OSCAR GOMEZ CARDOZO, MARTA DAVALOS DE GOMEZ and RUBEN GOMEZ CARDOZO, and their family members. 6. In order to implement the plan, OSCAR GOMEZ CARDOZO, MARTA DAVALOS DE GOMEZ and RUBEN GOMEZ CARDOZO, and their family members exerted more and more control over Mr. Aron personally and professionally. In 2016, OSCAR GOMEZ CARDOZO, MARTA DAVALOS DE GOMEZ and RUBEN GOMEZ CARDOZO manufactured a liquidity crisis at Doral (in reality caused by the money the GOMEZ DEFENDANTS and their family had been stealing) and demanded that Mr. Aron wire funds from his personal account in Florida to Doral. Mr. Aron could not imagine losing his “family” and the company he spent his life building. To save the company, Mr. Aron wired approximately $1.3 million as loans to Doral from his personal account in Florida to Doral’s account in Paraguay. To date, Doral has not paid back those loans despite OSCAR GOMEZ CARDOZO, MARTA DAVALOS DE GOMEZ and RUBEN GOMEZ CARDOZO’s promise that Doral (which the GOMEZ DEFENDANTS and their family now completely control) would pay Mr. Aron back in Florida. 7. The Gomez Family, which includes the GOMEZ DEFENDANTS, through their threats and coercion then stole 70% of Doral from Mr. Aron. 3 8. In 2018, the Gomez Family, which includes the GOMEZ DEFENDANTS, represented to Mr. Aron that there were millions of dollars in cash missing from Doral’s accounts. The Gomez Family, which includes the GOMEZ DEFENDANTS, stole a portion of these funds as they were the only ones who managed Doral’s cash and bank accounts. 9. The GOMEZ DEFENDANTS moved on to the next step of their plan: committing torts in Florida through phone calls, emails, and text messages, starting with a call to Mr. Aron’s daughters in Florida defaming Mr. Aron and threatening Mr. Aron’s safety, reputation, and financial well-being. 1 The GOMEZ DEFENDANTS’ conspiracy plan was to use their position of trust and confidence to cause Mr. Aron to liquidate his personal bank account in Florida, sell his residence in Miami, Florida, and send the money to the GOMEZ DEFENDANTS. The Parties 10. Luis Aron is an individual over the age of eighteen (18), a United States citizen, and a resident of Miami-Dade County, Florida. 11. MARTA DAVALOS DE GOMEZ is an individual over the age of eighteen (18), and a resident of Paraguay. She is a director and current president of Doral, the widow of OSCAR GOMEZ CARDOZO, and the mother of Marcos Benjamin Gomez Davalos, Jorge Isaac Gomez Davalos, and DIANA GOMEZ DAVALOS. MARTA DAVALOS DE GOMEZ and her deceased husband OSCAR GOMEZ CARDOZO purchased a timeshare in the State of Florida and procured a mortgage in the State of Florida. See composite Exhibit A. Her address is Edificio San Rafael, Yegros 437, 14th floor, in Asuncion, Paraguay. OSCAR GOMEZ CARDOZO was the accountant of Doral and of Mr. Aron, and later, after stealing Mr. Aron’s shares in Doral, a shareholder of Doral. Notably, Oscar Gomez Cardozo was indicted in Paraguay in 2002 for breach of fiduciary 1 Mr. Aron’s daughters have lived in Florida for over 25 years. One of Mr. Aron’s daughters is a practicing attorney and the other daughter is a licensed therapist. Mr. Aron’s daughters have never been involved in or worked for Doral. 4 duty and improper conduct as a director of a bank. The indictment alleged that directors of the bank gave improper loans without collateral to related parties and bankrupted a bank. OSCAR GOMEZ is deceased. 12. RUBEN GOMEZ CARDOZO is an individual over the age of eighteen (18), and a resident of Paraguay. He is a lawyer in Paraguay and a director and officer of Doral and brother of OSCAR GOMEZ CARDOZO. His office is located at Edificio San Rafael, Yegros 437, 14th floor, in Asuncion, Paraguay. He was Mr. Aron’s personal lawyer and also Doral’s lawyer. 13. DIANA GOMEZ DAVALOS is an individual over the age of eighteen (18), and a resident of Paraguay. She is the daughter of OSCAR GOMEZ CARDOZO and MARTA DAVALOS DE GOMEZ. 14. The GOMEZ DEFENDANTS consists of the individuals listed in paragraphs 11 through 13, above. The above-referenced members of the GOMEZ DEFENDANTS worked and conspired in concert with other co-conspirators. 2 Each performed their role in perfecting this scheme with full knowledge of the falsity of the allegations against Mr. Aron and full knowledge that Mr. Aron is a United States citizen and Miami-Dade resident, and that Mr. Aron’s assets (other than his shares in Doral) and real property were at all pertinent times located in Miami-Dade County, Florida. 15. DORAL S.A. (“Doral”) is a company organized and existing under the laws of the country of Paraguay with its principal place of business in Asuncion, Paraguay which was founded by Mr. Aron. Jurisdiction and Venue 16. This action seeks damages in excess of $30,001.00, exclusive of interest, attorneys’ 2 Mr. Aron will take discovery and may seek to amend the complaint after getting discovery from the Defendants. 5 fees and costs, and is therefore within the jurisdiction of this Court. 17. Venue is proper in this Court pursuant to Fla. Stat. § 47.011 because the causes of action asserted herein accrued in Miami-Dade County, Florida. Additionally, Mr. Aron is a resident of Miami-Dade County. 18. This Court has jurisdiction over Defendants pursuant to § 48.193(1)(a)(2), Florida Statutes, because they committed tortious acts in this state. This Court also has jurisdiction over Defendant Doral pursuant to § 48.193(1)(a)(7), Florida Statutes. This Court has jurisdiction over this matter as the amount in controversy is within the jurisdictional threshold for this Court. General Allegations 19. As explained above, the GOMEZ DEFENDANTS brought their conspiracy and breach of fiduciary duties to Florida. This action revolves exclusively around the torts committed by the GOMEZ DEFENDANTS in Florida. 20. On July 31, 2018, OSCAR GOMEZ CARDOZO and MARTA DAVALOS DE GOMEZ called Mr. Aron’s daughters in Florida (who are United States citizens, reside in Miami- Dade County, Florida, and have never been involved with Doral or any aspect of the business) to tell them that Mr. Aron had taken millions of dollars from Doral and that Mr. Aron would therefore go to jail. OSCAR GOMEZ CARDOZO and MARTA DAVALOS DE GOMEZ also said that their children Marcos Gomez Cardozo and Jorge Gomez Cardozo would conduct an audit of Doral to show that millions of dollars were missing. OSCAR GOMEZ DAVALOS and MARTA DAVALOS DE GOMEZ knew that what they told Mr. Aron’s daughters was false and that Mr. Aron never stole money from Doral. OSCAR GOMEZ CARDOZO and MARTA DAVALOS DE GOMEZ also said that RUBEN GOMEZ CARDOZO agreed with them, and that Mr. Aron should be careful because he would not want this “problem” to arrive in the United States. 6 21. Over the course of the next few years, the GOMEZ DEFENDANTS callously and corruptly continued to threaten Mr. Aron and his family so that they could continue to extort money from him. 22. On July 5, 2019, RUBEN GOMEZ CARDOZO texted Mr. Aron that he should talk with his daughter in Miami (who is a United States Citizen and Florida resident and had never been involved with the business) about Doral’s situation so that she can ask her family members for money “in exchange for the family’s safety” and because “any legal and criminal issue will tarnish the name of the family” including the daughter’s name and reputation in her professional life in Miami. RUBEN GOMEZ CARDOZO knew that Mr. Aron’s daughters are United States citizens and live in Florida. This text message shows the GOMEZ DEFENDANTS’ intent to extort Mr. Aron and his daughters in Florida, which intent they later carried out. 23. The GOMEZ DEFENDANTS conspired and then sent threats (which breach fiduciary duties) to Mr. Aron in Florida by way of phone calls, text message, and emails. As a result of the GOMEZ DEFENDANTS’ conspiracy, Mr. Aron wired the following amounts from his personal Florida bank account to Doral: 3 a. $500,000 on October 12, 2016 b. $200,000 on October 27, 2016 c. $150,000 on November 22, 2016. OSCAR GOMEZ CARDOZO and RUBEN GOMEZ CARDOZO called Mr. Aron while Mr. Aron was in Florida to extort him to wire these funds to Doral. 3 Notably, Doral also had a bank account in Florida with EFG Bank, which was used exclusively to pay dividends to Mr. Aron (as 100% owner of Doral) and to pay Adidas for goods purchased. The few dividends Mr. Aron was paid from Doral’s EFG account were properly reported by OSCAR GOMEZ CARDOZO as dividends issued by Doral. See letters from Doral signed by OSCAR GOMEZ CARDOZO attached as Exhibit B. The entire time this account was open, Doral belonged 100% to Mr. Aron. The GOMEZ DEFENDANTS were aware of this EFG account and all its expenditures. This account was closed in early 2015. 7 d. $100,000 on December 15, 2016 e. $210,000 on August 6, 2018 f. $200,000 on September 12, 2019. MARTA DAVALOS DE GOMEZ and OSCAR GOMEZ CARDOZO called Mr. Aron in Florida and extorted and threatened him, and told him that if he did not wire $200,000 to Doral, Doral would go bankrupt which would have criminal consequences for him. As a result, Mr. Aron emptied out his retirement account (from Florida) and went to the bank in Miami and caused a wire transfer of $200,000 to be sent from his personal account in Florida to Doral in Paraguay. 4 24. But the GOMEZ DEFENDANTS did not leave their prey alone. The next stage of their plan started: threats, false accusations, and breaches of fiduciary duty, so that Mr. Aron would be in a constant state of fear and dependency, and Mr. Aron would not dare ask for the return of the funds extorted from him in Florida: a. On October 21, 2019, RUBEN GOMEZ CARDOZO, on behalf of the GOMEZ DEFENDANTS, sent an email to Mr. Aron in Florida demanding that Mr. Aron immediately wire $200,000 to Doral before the end of the month. RUBEN CARDOZO GOMEZ sent this email from his email address rubengomez52@XXXXX.com, and copied Marcos Gomez Davalos at marcos.gomez.adidas@XXXXXX.com, and OSCAR GOMEZ CARDOZO at 5 abog@XXXX.com.py. RUBEN GOMEZ CARDOZO was acting as part of the conspiracy with the GOMEZ DEFENDANTS when he sent this email. RUBEN GOMEZ CARDOZO also asked Mr. Aron in this email to communicate with him, Marcos Gomez Davalos or OSCAR GOMEZ CARDOZO. b. On November 4, 2019 RUBEN GOMEZ CARDOZO, on behalf of the GOMEZ DEFENDANTS, sent an email to Mr. Aron in Florida States blaming the financial situation of Doral on Mr. Aron (even though it was the GOMEZ DEFENDANTS who had managed Doral and who had control over all the bank accounts of Doral 4 The damages caused by the GOMEZ DEFENDANTS to Mr. Aron are in the tens of millions of dollars as, inter alia, the GOMEZ DEFENDANTS stole Doral from Mr. Aron. The damages sought in this case are only the damages being sought from the GOMEZ DEFENDANTS for their torts and breaches here in Florida. 5 The email addresses are truncated per the Florida Rules of General Practice and JudicialAdministration. The complete email addresses are available upon request. 8 for over ten years) and ironically demanding that Mr. Aron ask the GOMEZ DEFENDANTS for permission to stay in the United States which is not only his home but where he also enjoys United States citizenship. RUBEN CARDOZO GOMEZ sent this email from his email address rubengomez52@XXXX.com, and copied Marcos Gomez Davalos at marcos.gomez.adidas@XXXXX.com, OSCAR GOMEZ CARDOZO at abog@XXXX.com.py, and Jorge Gomez Cardozo at jorge.gomez@XXXXX.com.py. c. On December 16, 2019, RUBEN GOMEZ CARDOZO, on behalf of the GOMEZ DEFENDANTS, sent an email to Mr. Aron in Florida stating: “I asked you to send the $200,000 and we still do not know anything about it.” RUBEN GOMEZ CARDOZO also threatened Mr. Aron that he would use certain documents (which were obtained under duress from Mr. Aron) against Mr. Aron. RUBEN GOMEZ CARDOZO, as well as MARTA DAVALOS DE GOMEZ, knew these documents were false and used these as a control mechanism over Mr. Aron. RUBEN GOMEZ CARDOZO also told Mr. Aron that Mr. Aron’s lawyers could not have access to Doral’s documents (which Mr. Aron’s attorneys requested and to access to which Mr. Aron has a right to) because of (bogus) confidentiality concerns. RUBEN CARDOZO GOMEZ sent this email from his email address rubengomez52@XXXXX.com. RUBEN GOMEZ CARDOZO was acting as part of the conspiracy with the GOMEZ DEFENDANTS when he sent this email to Florida. d. On January 8, 2020, Oscar Gomez Cardozo, on behalf of the GOMEZ DEFENDANTS, sent an email to Mr. Aron who was in Florida where they stated they needed $5 million from Mr. Aron. OSCAR GOMEZ CARDOZO further threatened Mr. Aron that if Doral were audited, the millions of dollars Mr. Aron allegedly took would come to light and that it would be “provable” that he took the money. The GOMEZ DEFENDANTS always knew that Mr. Aron did not take the money as the GOMEZ DEFENDANTS were the only ones who had control over Doral’s finances and bank accounts. 6 OSCAR GOMEZ CARDOZO sent this email 6 While the GOMEZ DEFENDANTS falsely accuse Mr. Aron of taking millions of dollars, they have been living a life of luxury, fed in large part by the funds they falsely accuse Mr. Aron of taking and by the control of Doral they stole from Mr. Aron. The children of Defendant MARTA DAVALOS DE GOMEZ (Marcos Gomez Davalos and Jorge Gomez Davalos) live in new expensive houses and drive top-of-the-line luxury cars. Marcos Gomez Davalos purchased a gym and photography studio for his wife and a cattle ranch called El Progreso in Tobati, Paraguay. The money that the GOMEZ DEFENDANTS falsely accuse Mr. Aron of taking has been used to fund a life of luxury and is upon information and belief in MARTA DAVALOS DE GOMEZ’s Swiss and Panamanian secret bank accounts as they would have no other significant income with which to fund these accounts. MARTA DAVALOS DE GOMEZ uses as her Swiss accounts’ banker/advisor Mr. Alfredo Goller who resides in Uruguay and works at Helvetia Advisors. Mr. Goller is not a co-conspirator, but he has knowledge of the GOMEZ DEFENDANTS’ investments and bank accounts. Upon information and belief, MARTA DAVALOS DE GOMEZ also has accounts at Bordier & Cie (Uruguay S.A.) and Bordier International, S.A. (a Swiss private bank), which addresses are Edificio Beta 3, oficina 102, Zonamerica, 91600 Montevideo, Uruguay. MARTA DAVALOS DE GOMEZ and OSCAR GOMEZ CARDOZO also have used an account under the fake name Num Maosuy at Falcon Private Bank in Switzerland. See picture attached as Exhibit C. In addition, MARTA DAVALOS DE GOMEZ has a bank account in Panama. Her banker there is Mr. Jorge Schvartzman. Mr. Schvartzman is not a co-conspirator, but he has knowledge of the GOMEZ DEFENDANTS’ investments and bank accounts. Upon information and belief, the GOMEZ DEFENDANTS also 9 from his email address abog@XXXX.com.py and copied RUBEN GOMEZ CARDOZO at rubengomez52@XXXXX.com. OSCAR GOMEZ CARDOZO was acting as part of the conspiracy with the GOMEZ DEFENDANTS when he sent this email to Florida. e. The very next day, on January 9, 2020, OSCAR GOMEZ CARDOZO sent an email to Mr. Aron (who was in Florida) again falsely accusing Mr. Aron of taking Doral’s funds. OSCAR GOMEZ CARDOZO wrote that these funds were in cash and came from Doral’s comptroller (who is none other than comptroller Ada Aquino de Huespe). OSCAR GOMEZ CARDOZO sent this email from his email address abog@XXXX.com.py and copied RUBEN GOMEZ CARDOZO at rubengomez52@XXXXX.com. OSCAR GOMEZ CARDOZO was acting as part of the conspiracy with the GOMEZ DEFENDANTS when he sent this email to Florida and as agent of RUBEN GOMEZ CARDOZO as shown by the fact that he copied RUBEN GOMEZ CARDOZO on this email. f. On April 29, 2020, RUBEN GOMEZ CARDOZO, on behalf of the GOMEZ DEFENDANTS, sent a text to Mr. Aron (who was in Florida) telling Mr. Aron that if Mr. Aron did not call the GOMEZ DEFENDANTS, they would file a criminal complaint against him. All the while, Mr. Aron had lawyers in Paraguay who represented him and who were from the beginning available to speak with the GOMEZ DEFENDANTS. However, the GOMEZ DEFENDANTS knew they could not extort the lawyers so they needed to get Mr. Aron on the phone to further extort him. RUBEN GOMEZ CARDOZO was acting as part of the conspiracy with the GOMEZ DEFENDANTS when he sent this text message to Florida. 7 g. On June 27, 2020, DIANA GOMEZ DAVALOS, on behalf of the GOMEZ DEFENDANTS, sent a text to Mr. Aron (who was in Florida) stating (with knowledge of its falsity) that she knows he committed fraud and that he would not be able to live in peace. DIANA GOMEZ DAVALOS was acting as part of the conspiracy with the GOMEZ DEFENDANTS when she sent this text message to Florida. 25. All the GOMEZ DEFENDANTS were acting as the alter egos for one another. hide theirassets in the following Paraguayan entities: Crisol Empredimientos, S.A., Falabella, S.A., Logistica Deportiva, S.A., and Sinergia de Inversiones, S.A. 7 In August 2020, the GOMEZ DEFENDANTS knowingly and intentionally filed false criminal charges against Mr. Aron in Paraguay. These charges were filed ex parte under seal, Mr. Aron was not provided notice, and was not given due process. Fearing for his safety, Mr. Aron has not returned to Paraguay since 2019, and has not received any official notice or service of this complaint. The GOMEZ DEFENDANTS then asked, and the Paraguayan court granted, an international capture order against Mr. Aron. The GOMEZ DEFENDANTS filed this case in Luque (a small town in Paraguay) because the GOMEZ DEFENDANTS and their co-conspirators have political power and influence in Luque. The only reason this case is in Luque is because of the GOMEZ DEFENDANTS’ motivation to abuse the system through theirpolitical connections fortheir own nefarious gain. In Asuncion (the largest city,capital of Paraguay, and location of Doral) the political influence of the GOMEZ DEFENDANTS is not as pervasive as their political influence in Luque. 10 26. Paraguay is not an adequate forum for this case as is evident by the GOMEZ DEFENDANTS’ continuous blocking of Mr. Aron’s lawsuit to obtain Doral’s book and records. The GOMEZ DEFENDANTS kept all the books and records of Doral and refused access to Mr. Aron to the books and records for over ten years. To fight back seeking the truth, in November 2019, Mr. Aron filed a lawsuit seeking documents against Doral in Paraguay. Despite the Paraguayan court ordering Doral to provide its books and records to Mr. Aron, the GOMEZ DEFENDANTS thwarted the transfer by successive appeals and motions to recuse the judges. For two years, the GOMEZ DEFENDANTS have prevented Mr. Aron from receiving any documents or financial records to which he is entitled under Paraguayan law. 27. All conditions precedent have been performed or have occurred. Count I – CIVIL CONSPIRACY (Against MARTA DAVALOS DE GOMEZ, RUBEN GOMEZ CARDOZO, and DIANA GOMEZ DAVALOS) 28. Luis Aron realleges and reincorporates paragraphs 1 through 27, inclusive, as if specifically and fully set forth herein. 29. MARTA DAVALOS DE GOMEZ, RUBEN GOMEZ CARDOZO, and DIANA GOMEZ DAVALOS are part of a civil conspiracy and agreed on a plan for OSCAR GOMEZ CARDOZO and RUBEN GOMEZ CARDOZO to breach their fiduciary duties to Mr. Aron in Florida. 30. OSCAR GOMEZ CARDOZO was Mr. Aron’s personal accountant for over 30 years and had a fiduciary duty and duty of loyalty to act in good faith and to protect Mr. Aron. OSCAR GOMEZ CARDOZO is a member of the conspiracy who is not a defendant in this lawsuit as he is deceased. 31. RUBEN GOMEZ CARDOZO was Mr. Aron’s personal lawyer for over 30 years 11 and had a fiduciary duty and duty of loyalty to act in good faith and to protect Mr. Aron. 32. Additionally, as explained above, Mr. Aron was dependent on RUBEN GOMEZ CARDOZO and OSCAR GOMEZ CARDOZO to provide him with legal, accounting, and financial advice. RUBEN GOMEZ CARDOZO and OSCAR GOMEZ CARDOZO undertook for over 30 years to advise, counsel, and protect Mr. Aron. 33. In furtherance of the conspiracy to commit breaches of fiduciary duty, the GOMEZ DEFENDANTS committed overt acts. As alleged above in paragraphs 20, 23, and 24, the GOMEZ DEFENDANTS sent emails, phone calls, and a text message to Mr. Aron in Florida which breached the fiduciary duties of RUBEN GOMEZ CARDOZO and OSCAR GOMEZ CARDOZO owed to Mr. Aron. Instead of protecting Mr. Aron, the GOMEZ DEFENDANTS attacked and threatened Mr. Aron. These actions are against the duties of loyalty owed by attorneys and accountants to their clients. 34. The overt acts taken by the GOMEZ DEFENDANTS in furtherance of their conspiracy were unlawful and/or were taken by unlawful means. 35. As a proximate result of the conspiracy to commit breach of fiduciary duty by and among the GOMEZ DEFENDANTS, Mr. Aron has suffered, and continues to suffer, damages. WHEREFORE, Luis Aron demands judgment against MARTA DAVALOS DE GOMEZ, RUBEN GOMEZ CARDOZO, and DIANA GOMEZ DAVALOS, for damages and awarding any further relief that this Court deems just and proper. Count II – BREACH OF FIDUCIARY DUTY (Against RUBEN GOMEZ CARDOZO) 36. Luis Aron realleges and reincorporates paragraphs 1 through 27, inclusive, as if specifically and fully set forth herein. 37. RUBEN GOMEZ CARDOZO was Mr. Aron’s personal lawyer in Paraguay for 12 over 30 years, owed Mr. Aron a fiduciary duty and duty of loyalty to act in good faith and protect Mr. Aron. 38. RUBEN GOMEZ CARDOZO breached his fiduciary duties owed to Mr. Aron by acquiring undue influence over Mr. Aron and abusing Mr. Aron’s trust to his detriment while enriching the GOMEZ DEFENDANTS. 39. RUBEN GOMEZ CARDOZO breached his duty to Mr. Aron by sending Mr. Aron extortionate emails in Florida. Instead of protecting Mr. Aron, RUBEN GOMEZ CARDOZO sent him threats and false accusations in Florida. WHEREFORE, Luis Aron demands judgment against RUBEN GOMEZ CARDOZO for damages and awarding any further relief that this Court deems just and proper. Count III – BREACH OF ORAL CONTRACT (Against DORAL S.A.) 40. Luis Aron realleges and reincorporates paragraphs 1 through 27, inclusive, as if specifically and fully set forth herein. 41. RUBEN GOMEZ CARDOZO and OSCAR GOMEZ CARDOZO (as lawyer and accountant of Doral) told Mr. Aron that Doral was not doing well, that Doral needed short term cash infusions to get Doral over the hump, and that the funds would be payable on demand in Florida. They used this tactic on multiple occasions. DORAL and Mr. Aron agreed that Mr. Aron would loan monies to Doral and Doral would pay Mr. Aron back in Florida within months on demand. 42. Mr. Aron performed under the oral contract and provided the funds to Doral. Mr. Aron loaned the following amounts to Doral which funds were wired from Mr. Aron’s personal account in Florida: a. $500,000 on October 12, 2016 13 b. $200,000 on October 27, 2016 c. $150,000 on November 22, 2016 d. $100,000 on December 15, 2016 e. $210,000 on August 6, 2018 f. $200,000 on September 12, 2019 43. Mr. Aron made demand for payment in 2019, but Doral, in breach of the oral contract has refused to make payment. 44. Doral breached each and every agreement by not paying Mr. Aron back in Florida within months as promised. Doral has never paid Mr. Aron principal or interest on these loans. 45. As a result Mr. Aron is damaged in the amount of $1,360,000. WHEREFORE, Luis Aron demands judgment against DORAL S.A. for $1,360,000 in damages, and awarding any further relief that this Court deems just and proper. Count IV – NEGLIGENT MISREPRESENTATION (Against MARTA DAVALOS DE GOMEZ) 46. Luis Aron realleges and reincorporates paragraphs 1 through 27, inclusive, as if specifically and fully set forth herein. 47. In August 2019, MARTA DAVALOS DE GOMEZ AND OSCAR GOMEZ CARDOZO called Mr. Aron in Florida and told Mr. Aron that Doral would pay him back for the amounts of monies he loaned to Doral and told Mr. Aron that if he did not provide those funds, that Doral would go bankrupt, the government would intervene in Doral, and that Mr Aron would end up in jail. 48. MARTA DAVALOS DE GOMEZ knew or should have known that the representation was false or made the representation without knowledge of its truth or falsity 49. MARTA DAVALOS DE GOMEZ intended that the representation would induce 14 Mr. Aron to rely and act on it. 50. Mr. Aron justifiably relied on the representation and loaned $200,000 from his Florida account to Doral on September 12, 2019. 51. Mr. Aron is damaged in the amount of $200,000. WHEREFORE, Luis Aron demands judgment against MARTA DAVALOS DE GOMEZ for damages and awarding any further relief that this Court deems just and proper. COUNT V – UNJUST ENRICHMENT (in the alternative) (Against DORAL, S.A.) 52. Luis Aron realleges and reincorporates paragraphs 1 through 27, inclusive, as if specifically and fully set forth herein. 53. In the event that it is determined by this Court that no contract was formed, this cause of action for unjust enrichment is brought in the alternative to Count III. 54. Mr. Aron conferred a benefit on Doral of $1,360,000. Mr. Aron wired the funds from his personal Florida bank account to Doral. 55. Doral knowingly and voluntarily accepted the $1,360,000 sent by Mr. Aron from his personal Florida bank account. 56. The circumstances render it inequitable for Doral to retain the benefit conferred without repayment to Mr. Aron in Florida. WHEREFORE, Luis Aron demands judgment against DORAL S.A. for damages and awarding any further relief that this Court deems just and proper. COUNT VI – QUANTUM MERUIT (in the alternative) (Against DORAL, S.A.) 57. Luis Aron realleges and reincorporates paragraphs 1 through 27, inclusive, as if specifically and fully set forth herein. 15 58. Doral is indebted to Mr. Aron for funds provided in the amount of $1,360,000 from Mr. Aron’s personal account in Florida. 59. Doral has been enriched by the funds provided by Mr. Aron and Doral has accepted those funds with the express understanding that it would be obligated to repay those funds in Florida. 60. In the alternative and in the event the Court cannot determine that a contract exists and the terms thereof, Mr. Aron is entitled to recover the amount of funds provided, which is $1,360,000. WHEREFORE, Luis Aron demands judgment against DORAL S.A. for damages and awarding any further relief that this Court deems just and proper. Dated: January 28, 2022 Respectfully submitted, By: s/ Donald J. Hayden Donald J. Hayden, Esq. Florida Bar No. 97136 Josh Migdal, Esq. Florida Bar No. 19136 MARK MIGDAL & HAYDEN Brickell City Tower 80 SW 8th Street, Suite 1999 Miami, FL 33130 Tel: (305) 374-0440 don@markmigdal.com josh@markmigdal.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on January 28, 2022, a copy of the foregoing was electronically filed through the Florida Courts E-Filing Portal which will send electronic notification of the above filing to all registered users. s/ Donald J. Hayden 16 DORAL s.a. adidas Palma 530- Tel: 492057 Fax- 595 21 448962 -------///------- P.O.Box -343 - Asunción Paraguay. N .1720-12042012 A la At. del Sr. CPA: Fvr. tomar nota; A) Luis Aron por el año 2011 retiró a cta. como dividendos U$D: 150.000.- Ciento cincuenta mil .00/100. (por dicho concepto se abonó 5% como Impuesto a la Renta, U$D: 7.500. y mas 15% sobre el saldo (U$D: 22.500.-) por remesa al exterior que totaliza U$D: 30.000.- ----------------- B) Igualmente así como años anteriores, Luis Aron ha tenido ingresos, exentos del impuesto a la Renta en Paraguay, en concepto de sueldos u honorarios como Director Presidente de la firma, que sumaron G: 120.000.000+(Bonificación Extra.2011) G: 72.000.000 = Total G: 192.000.000.- a Cio. Promedio U$D. 4.191 x c/G; que hacen U$D: 45.812,45. en el año.-------------------------------------------------------------------- C) Por ambos conceptos se abonó impuestos indicados en el punto A) y por el punto B) solo se abona el Impuesto al Valor Agregado 10% (U$D: 4.582.-).- por la emisión de facturas a la firma DORAL S.A. sobre un total de U$D: 45.812,45 a la tasa del 10% incluido.----------------------------------- Para cualquier otra explicación quedo atento.