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Riggs Bank and two members of the bank's controlling Allbritton family yesterday
agreed to pay $9 million to victims of former Chilean dictator Augusto Pinochet
for the bank's role in concealing and spiriting Pinochet's money out of Britain
in 1999.
In return for the payment to a foundation established for victims of Pinochet's
repressive 17-year rule and their survivors, a Spanish court agreed to dismiss
criminal charges against current and former directors and officers of the bank,
including the Allbrittons. Riggs will pay $8 million.
Joe L. Allbritton, who was chief executive of the bank until 2001, and his
son Robert, who is chief executive of its holding company, will pay $1 million
as part of the settlement with Spanish officials. The agreement marks the first
time the Allbrittons have been held personally accountable for Riggs's long-standing
money-laundering compliance problems, which have resulted in the bank pleading
guilty to a felony last month, paying more than $41 million in civil and criminal
fines and agreeing to be acquired by PNC Financial Services Group Inc. of Pittsburgh.
It also was the first time any institution or person other than the Chilean
government has been forced to pay recompense to Pinochet's victims, according
to lawyers involved in the case.
"The court's order speaks for itself," said Riggs spokesman Mark
N. Hendrix. "We note the $8 million settlement payment to be paid by Riggs
under the order is covered by a previously established litigation reserve. This
puts the matter behind the institution."
Riggs and the Allbrittons thought they had a strong defense against the allegations
but wanted to resolve the Spanish court action because they wanted to avoid
a lengthy court case and because PNC wanted the litigation wrapped up before
the final sale, said sources familiar with the reasoning behind the settlement
who spoke only on the condition that they not be named because of the bank's
continuing legal problems.
"We're pleased to be able to help the bank bring an end to this misdirected
litigation," said Paul Clark, a spokesman for the Allbritton family.
The settlement arises out of a Spanish criminal action against Pinochet first
brought in 1997 by Madrid prosecutor Baltasar Garzon. Under Spanish law, anyone
in the world can be tried for genocide, torture or other human rights abuses
against Spanish citizens.
When Pinochet was in London in 1998 for a medical procedure, Garzon began extradition
proceedings, and a Spanish court issued a ruling ordering financial institutions
around the world to freeze the former general's assets. A Senate investigative
committee in July detailed efforts by Riggs officers to have $1.6 million of
Pinochet's money secretly transferred from Riggs's London branch to Riggs Bank
in Washington. Riggs also put Pinochet's money into accounts held under aliases
and took other measures to hide the identity of his accounts and money transfers.
Pinochet was declared unfit for trial by Britain's home secretary and allowed
to return to Chile in 2000.
In September, Juan Garces and other lawyers representing Pinochet's alleged
victims petitioned a Spanish court to add Riggs's directors and officers to
Garzon's action against Pinochet. In Spain, private citizens can initiate a
criminal proceeding. Riggs was not named in the complaint, because in Spain
corporations cannot be tried under criminal law, according to lawyers involved
in the case.
Garces named the Allbrittons as well as fellow Riggs director Steven B. Pfeiffer
and the former manager of Pinochet's accounts at Riggs, Carol Thompson, as defendants.
The charges against all the individuals were dropped yesterday after a Spanish
court accepted the $9 million settlement.
Samuel J. Buffone, a D.C. lawyer representing Pinochet's victims who worked
with Garces in the Riggs settlement, said Riggs was culpable for helping Pinochet
hide about $8 million -- roughly the total amount of funds Pinochet had at Riggs
-- from the 1998 Spanish order freezing the former dictator's assets.
"There has never been any allegation that Riggs was culpable for the underlying
human rights abuses of the Pinochet government," Buffone said. "But
Riggs's recent plea agreement lays out in significant detail what Riggs did
in assisting Pinochet in the concealment of his assets. They may hide behind
their legal interpretation that they weren't properly served with the [freeze]
order. But they were on notice. They chose not to honor it."
Buffone represents the families of two of Pinochet's victims: former Chilean
ambassador Orlando Letelier and his assistant, Ronni Moffitt. Letelier and Moffitt
were murdered by Chilean intelligence agents in a 1976 car bombing in the District.
Pinochet came to power in a swift and bloody 1973 coup that ousted democratically
elected president Salvador Allende. Human rights organizations claim 3,000 people
were murdered, tortured or "disappeared" during his rule.
The $9 million, after deducting $1 million mostly for legal expenses, will
be given to the Salvador Allende Foundation, which was founded by Garces, a
former assistant to Allende, to compensate victims of Pinochet's crimes.
Pinochet has been indicted for murder in Chile and is under investigation for
tax evasion with respect his accounts at Riggs.
Separately yesterday, PNC disclosed that certain Riggs executives and directors
could receive up to $15.4 million in payments when the merger is completed later
this spring, including severance payments and the cashing out of executive stock
options.
Robert L. Allbritton would receive a severance payment of $850,000 if he leaves
the company after the sale. Riggs Bank chief executive Lawrence I. Hebert, a
longtime Allbritton family lieutenant, would receive $995,000, and executive
vice president Henry D. Morneult would receive $630,000.
Riggs directors and employees, mostly senior executives, would receive a total
of $733,138 for cashing out unvested stock options. In addition, executives
would receive a total of $2.9 million in unvested deferred and performance shares
that were previously awarded.