The Financial Superintendency of Colombia (SFC) ordered John Emiro Rojas Cantor to immediately suspend activities that constitute massive fundraising or unauthorized collection of money from the public.
The measure, adopted through Resolution 0767 of this year, also orders the immediate return of resources obtained irregularly and to refrain from carrying out operations of this type using any modality, either directly or through other natural or legal persons. .
«This Superintendence was able to verify that Mr. John Emiro Rojas Cantor signed several contracts called “Payment Agreement” and “Shared Risk Association – Joint Venture”, through which he established a legal business through which he received resources from third parties for the alleged investment in stock markets, under the promise of their return in a certain time and the payment of a percentage of profitability of 4% per month on the value of the supposed investment”, they explained in the Superfinanciera.
They added that, under these contractual modalities, Rojas Cantor built a business structure through which he massively and unauthorizedly captured a total of 1,277,414,094 pesos from at least 54 people, assuming obligations to return the capital initially delivered and some returns fixed assets, which greatly exceeds its net worth.
Most of the resources were obtained from inhabitants of the cities of Sogamoso and Duitama, according to the State entity.
The SFC sent a copy of the measure adopted to the Superintendence of Companies for the corresponding intervention, to the Office of the Attorney General of the Nation in order to carry out investigations in criminal matters and to the Duitama Mayor’s Office in order to generate prevention mechanisms. in the public against these fraudulent schemes, among others.
The measures adopted by the Financial Superintendency
The SFC took the following measures through Resolution 0767:
* Order John Emiro Rojas Cantor to immediately suspend activities that constitute unauthorized collection or collection of money from the public, for the reasons set forth in the reasoning part of this resolution, under the penalty of successive fines in accordance with the provisions of Article Article 90 of the Code of Administrative Procedure and Administrative Litigation in accordance with the provisions of Article 108 of the Organic Statute of the Financial System.
The scope of the administrative measure that is adopted against Rojas Cantor is solely with respect to the public resources captured or collected on a massive scale in an unauthorized manner.
This order supposes for its addressees, the impossibility of carrying out from now on operations of unauthorized collection or collection of money from the public, in a massive way, using any modality, either directly or through other natural or legal persons.
* Order John Emiro Rojas Cantor to immediately return the resources illegally obtained within the framework of the respective judicial intervention process, in accordance with the provisions of Decree 4334 of 2008.
* Order the publication of the operative part of this administrative act in a newspaper with national circulation, indicating that it is an unauthorized fundraising or collection operation of massive amounts of money from the public. The foregoing, in accordance with the provisions of paragraph 1 of numeral 1 of article 108 of the Organic Statute of the Financial System.
* Send to the Superintendence of Companies a copy of this resolution and the file containing the administrative action taken against John Emiro Rojas Cantor so that, within the scope of its competence conferred by Decree 4334 of 2008, it adopts, in addition to the measures ordered in this resolution, any of those indicated in that decree and forward the corresponding intervention process.
* Order the publication of this resolution in the Bulletin of the Ministry of Finance and Public Credit, Chapter of the Financial Superintendency and on the website of the latter entity.
* Send to the Attorney General’s Office a copy of this resolution and the file containing the administrative action taken against John Emiro Rojas Cantor for the purposes of the investigations within its jurisdiction.
* Request the collaboration of the Superintendency of Notaries and Registry in order to instruct all registrars of public instruments to refrain from registering any act or contract that affects the ownership of assets owned by John Emiro Rojas Cantor, unless said act has been carried out by the controller agent designated by the Superintendence of Companies, authority that once assumes the action will be the only competent authority to dispose of the respective assets.
* Request the Ministry of Transportation its collaboration in order to instruct all the Transit and Transportation Secretariats of the country to refrain from registering any act or contract that affects the domain of assets owned by John Emiro Rojas Cantor, as well as refrain to lift said measure unless such order is issued by the Superintendence of Companies or by the inspector, who once they assume the action will be the only competent to dispose of the respective assets.
Source: Boyacá 7 Days