Gustavo Villoldo, Man Who Tracked Che For The CIA, Awarded $1 Billion In Lawsuit

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CURT ANDERSON | May 29, 2009 06:01 PM EST | AP

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MIAMI — A judge on Friday awarded more than $1 billion in damages against the Cuban government for the 1959 suicide of the father of a Cuban-American man who was involved in the CIA-backed capture and killing of revolutionary Ernesto "Che" Guevara.

Miami-Dade Circuit Judge Peter Adrien said he wanted to send a signal to Cuba's government with the huge damage award, which likely will prove difficult if not impossible to collect. But the attorney for Gustavo Villoldo, 76, and his younger brother, Alfredo, said his law firm would scour the globe for Cuban assets to satisfy the judgment.

"They finally get justice," said lawyer Jeremy Alters. "We will use every bit of our resources to collect this."

The award came in a lawsuit filed by Villoldo, who blamed Guevara, Fidel Castro and others for his father's 1959 suicide in Cuba. The family fled to the U.S. and Villoldo later took part in the CIA's Bay of Pigs invasion and was involved in catching Guevara in Bolivia.

Cuba's current government refused to respond to the lawsuit and offered no defense. It did not immediately reply to a request in Havana for comment.

Villoldo's father took his life by a sleeping pill overdose in February 1959, shortly after Fidel Castro, Guevara and the other communist revolutionaries seized power in Cuba. The elder Villoldo was a prominent Cuban businessman who also held U.S. citizenship and owned a major General Motors distributorship, a 33,000-acre ranch and several other holdings and properties.

The family was targeted soon after Castro took over as "lackeys of the United States and Yankee imperialists," according to the judge's ruling. The father was beaten, deprived of food, interrogated for days and repeatedly told he would be executed as a purported U.S. agent.

Soon after the man's release from jail, Guevara visited the elder Villoldo personally and forced him to choose either death by firing squad himself or the execution of his son, Alters said. He chose to die, then opted for suicide rather than giving Guevara and Castro the satisfaction of killing him.

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"The undisputed evidence at trial established that defendants' conduct rose to such a level of depravity that they caused Mr. Villoldo to take his life, and their actions are properly classified as torture," Adrien said in a seven-page decision.

The younger Villoldo joined the U.S. military and CIA, taking part in the failed 1961 Bay of Pigs invasion. A few years later, Villoldo was among a group hunting for Guevara, finally catching up with him in Bolivia in 1967. Guevara was subsequently executed and buried in Bolivia.

The lawsuit filed last year sought damages against the Cuban government, Fidel and Raul Castro and Guevara for wrongful death and intentional infliction of emotional distress. Adrien awarded nearly $1.2 billion: $393 million in economic damages suffered by the family; $393 million for pain and suffering; and $393 million in punitive damages.

The award dwarfs several other similar Cuban damage awards, including $400 million for the family of American Robert Fuller _ executed in October 1960 _ little of which has ever been paid

Some have fared better.

A New York federal judge in 2006 ordered payment of $91 million out of frozen Cuban accounts to the families of two men who died after the Bay of Pigs invasion, and in 2001 families collected $93 million from similar accounts for the 1996 downing of three Cuban exiles who flew Brothers to the Rescue planes that were shot down by Cuban MIG fighters.

Alters said any thaw in relations between Cuba and the U.S. should include satisfaction of judgments such as that awarded to Villoldos.

"They can't get away with torture and then expect to get back into the U.S. economy," he said.

MIAMI — A judge on Friday awarded more than $1 billion in damages against the Cuban government for the 1959 suicide of the father of a Cuban-American man who was involved in the CIA-backed captu...
MIAMI — A judge on Friday awarded more than $1 billion in damages against the Cuban government for the 1959 suicide of the father of a Cuban-American man who was involved in the CIA-backed captu...
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Peter Adrien is the same judge that tried to use his mother's Portuguese maiden name, Camacho, on the ballot to win the Hispanic vote.

http://www.judicialaccountability.org/articles/judicialelection.htm

    Favorite    Flag as abusive Posted 02:04 PM on 05/30/2009
- larce1948 I'm a Fan of larce1948 17 fans permalink

Will the media be filled with crys off legislating from the bench'?
Will this set precedent for the detainees that comitted suicide while in U.S custody?
Law is always subective depending more on who and where you are than actual justice.
This verdict is a sham. Wonder if that judge has to face elections? The law is manipulated all
the time. See the Al-Arian case and countless others where prejudice, wealth, power, race and
influence prove to be much more a factor than facts.

    Favorite    Flag as abusive Posted 02:04 PM on 05/30/2009
- victorsays I'm a Fan of victorsays 6 fans permalink

What a miscarriage of justice. This is why the Justice system is a joke. $1 Billion dollar. It goes to show you that justice system is just a show.

No one in the Middle East will be able to sue the US government for death of thousands of innocents. This man is sueing because his father committed suicide, a cowardly act in itself, because he couldn't face his actions in changing political climate.

As much as I hate the Cuban gov, the Florida government is a joke.

    Favorite    Flag as abusive Posted 02:04 PM on 05/30/2009
- nohamasmas I'm a Fan of nohamasmas 3 fans permalink

Geez...this is a ruse...go and collect the money, bro...the Cuban cookie Jar has been empty for 40 years!! Ever hear of trying to get water from a rock??

    Favorite    Flag as abusive Posted 02:02 PM on 05/30/2009
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I think our government should pick up the tab. Mr. Villodo is a great man who made a great contribution to society. He deserves the money.

    Favorite    Flag as abusive Posted 02:01 PM on 05/30/2009

The government is in danger of picking up a lot more than US$1.2 billion.

Wait for the deluge of lawsuits against the US, based on this precedent.

Viva la justicia estadounidense!

    Favorite    Flag as abusive Posted 02:05 PM on 05/30/2009
- zius I'm a Fan of zius 74 fans permalink
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WHAT! ...one billion ...geez ....i wonder How much should WE pay to the people that WE tortured at abu ghraib and gitmo..Hmmm...we would need a torture bailout for that......yep ..
anyway me think that che-guevara ROCKS...viva la revolution baby !!...LOL

    Favorite    Flag as abusive Posted 02:00 PM on 05/30/2009
- Balzac I'm a Fan of Balzac 147 fans permalink
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Next, the descendants of British loyalists who were tarred and feathered during the American Revolution along with descendants of French Aristocrats who were killed during the French Revolution will sue the governments of the US and France and be awarded monetary damages, and then they'll begin seizing assets.

    Favorite    Flag as abusive Posted 01:52 PM on 05/30/2009
- Beowoof I'm a Fan of Beowoof 10 fans permalink

You've got it! Don't even start with the Ottomans.

    Favorite    Flag as abusive Posted 02:11 PM on 05/30/2009
- dogman44 I'm a Fan of dogman44 54 fans permalink
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Give them back the middle east ! Then we can wash our hands of it.

    Favorite    Flag as abusive Posted 08:32 PM on 05/30/2009
- jdlund I'm a Fan of jdlund 7 fans permalink

Also I will add quickly that the suit itself has no weight even if there was a method of collection. There's absolutely no way that the court has personal jurisdiction over Castro or the Cuban government. The events happened elsewhere. Due to the embargo, Cuba has had absolutely no contacts with any State, so I'm going on a limb here and saying that "minumum contacts" are lacking here. It seems like no contacts doesn't exactly fit with the International Shoe test. Certainly the actions of the Cuban government weren't purposefully directed at the U.S. or one of its citizens. It did nothing to avail itself to the laws of the U.S. and it could not be reasonably expected to be haled into court here. So no, the award is not only ridiculous, but it also means nothing. Even if Cuba does business here, it could not be seized to satisfy the award since the court never had jurisdiction over Cuba. SCOTUS would never ever go for something this clearly bogus due to a basic first semester of law school concept.

    Favorite    Flag as abusive Posted 01:51 PM on 05/30/2009
- soupson52 I'm a Fan of soupson52 14 fans permalink

Your last line...maybe you are right, but remember they are (as in leaning...).

    Favorite    Flag as abusive Posted 02:19 PM on 05/30/2009

I don't understand how this judgment is even possible. The events occurred in Cuba. As per the rules of Civil Procedure, shouldn't the trial have been conducted in Cuba? It seems like a waste of taxpayer money and resources. I am sorry that the Villolodo's suffered such a tragedy, but so did many others. It's time to put the past where it belongs so that you can live in the present and create a future that is devoid of the past. In other words, you're wasting away your life seeking redress from a past that cannot be fixed. Move on.

    Favorite    Flag as abusive Posted 01:50 PM on 05/30/2009
- nohamasmas I'm a Fan of nohamasmas 3 fans permalink

Which hair coloring do you use??? NO CUBANS HAVE NATURALLY BLONDE HAIR!! Your user name is a contradiction of terms....like military intelligence!!

    Favorite    Flag as abusive Posted 02:04 PM on 05/30/2009

Well I know a red-haired Cuban so I don't see why they can't be blonde.

    Favorite    Flag as abusive Posted 02:18 PM on 05/30/2009
- baba2nde I'm a Fan of baba2nde 16 fans permalink
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Ad hominen bombardment. Is that really necessary? It adds nothing to the discussion.

    Favorite    Flag as abusive Posted 02:46 PM on 05/30/2009
- Goliadkin I'm a Fan of Goliadkin 20 fans permalink
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I agree!

    Favorite    Flag as abusive Posted 02:25 PM on 05/30/2009
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Why not just make the award 1 gazillion dollars both numbers are fantacy as the guy will never see one penny.

    Favorite    Flag as abusive Posted 01:49 PM on 05/30/2009
- LeeCalif I'm a Fan of LeeCalif 79 fans permalink

If Judge Peter Adrien is so concerned with justice in America, why hasn't he responded to the call
for the prosecution of George Bush for murder of our servicemen and women ??

ProsecuteGeorgeBush.com

    Favorite    Flag as abusive Posted 01:48 PM on 05/30/2009
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His father probably was a "lackeys of the United States and Yankee imperialists".

    Favorite    Flag as abusive Posted 01:47 PM on 05/30/2009
- Beowoof I'm a Fan of Beowoof 10 fans permalink

Just because he was living the good life with the 33,000 acres and other assets while most of his countrymen were dirt poor doesn't mean he was a lackey. He was a good businessman doing trade with a nation he respected.

    Favorite    Flag as abusive Posted 01:51 PM on 05/30/2009

Or maybe he was a favored landed aristocrat under the brutal dictatorship of Batista. You know if life was so good before Castro, I don't think the people would have supported the revolution.

    Favorite    Flag as abusive Posted 02:19 PM on 05/30/2009
- windup I'm a Fan of windup 22 fans permalink

Well if all the Abu Gharib and Guantanamo prisoners who were tortured file claims against the US, that will do our economy in forever at that going price settlement.
The man committed suicide after losing all his $$$, much of it no doubt ill-gotten. Ridiculous story. Ridiculous ruling.

    Favorite    Flag as abusive Posted 01:47 PM on 05/30/2009
- jdlund I'm a Fan of jdlund 7 fans permalink

"Difficult if not impossible to collect?" You could take the question mark out along with the words "difficult if not" and then the sentence would be %100 correct. This is insanely asinine. There's nothing to collect. No one who was sued owns anything here. There's absolutely no means to compel them to pay anything. The Cuban government isn't going to pay a dime. Why would they?

It's a bogus suit anyway. One billion for a wrongful death suit? How is that justified by any standard of tort law in this country? Torture being involved in the wrongful death has never jacked a claim that high. I'm sorry, it sucks what happened to him but one billion is patently ridiculous. And no our newfound economic relationship with Cuba should not include satisfcation of bogus lawsuits. "They can't get away with torture and get back into the U.S. economy?" What a joke. If I went to an average store how many things would I find stamped "Made In China?" The Chinese government has tortured, killed, and severely abused its people more than any government currently in existence. Exactly how much involvement do they have with our economy?

Truth is Cuba was never anywhere near as bad as many of our ardent allies (India, China, Saudia Arabia, France, Belgium, etc.), and the current leaders had nothing to do with the events of this case, they weren't even alive yet. So move on with your life.

    Favorite    Flag as abusive Posted 01:42 PM on 05/30/2009
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Sounds like a Conservative Activist Judge. Someone conspires to commit assassination, gets caught by the opposition in a foreign country and ends up dead. Hmmm, sounds like normal warfare. How does this create an actionable civil case in US courts?

    Favorite    Flag as abusive Posted 01:35 PM on 05/30/2009
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