In 2015, a Swiss citizen arrived in Bucaramanga with the intention of settling down. He sought to rent two apartments in Cañaveral, but encountered difficulties due to his foreign status. To overcome this hurdle, he enlisted the services of a lawyer, who agreed to act as the tenant on paper. The Swiss man then opened two Certificates of Deposit (CDTs) at davivienda for $17 million COP as a guarantee for the lease.

The lawyer allegedly charged the Swiss man $10 million COP for his assistance in securing the apartments, where the rent for one apartment was $700,000 COP and the other $650,000 COP.

Further complicating matters, the Swiss man needed to obtain a foreigner card. The lawyer allegedly requested $25 million COP, claiming it was necessary to bribe Colombia migration officials to expedite the process.In reality, the foreigner card costs approximately $280,000 COP, and officials are not authorized to charge for processing it.

The lawyer also allegedly charged the Swiss man $4 million COP for drafting a contract stating that the Swiss man would teach French classes in the Butaregua village of Barichara, claiming this was a requirement for obtaining the foreigner card.

Additionally, the lawyer allegedly charged the Swiss man $5 million COP for a trip to Barichara and Villanueva to purchase land.

For preparing a complaint related to domestic violence and kidnapping of minors,the lawyer allegedly asked the Swiss man for $7 million COP.

For writing a complaint for qualified and aggravated theft, the lawyer allegedly asked the Swiss man for $20 million COP, of which the Swiss man paid $8 million COP. The Swiss man was identified as Eric Alain Bertossa, and the lawyer as Leonardo Herrera Anaya.

Legal Disputes and Financial Losses

“blatantly asks that I lend the sum of $ 8,500,000 to which I agreed to be able to finish this problem.”

When the lease contracts expired, the Swiss man decided to vacate the apartments. He attempted to contact the lawyer, but his calls went unanswered. He then hired a new lawyer, Esmeralda Jaimes Rolón, who arranged a reconciliation meeting at the Chamber of Commerce.At the meeting, she secured authorization for the Swiss man to claim the guarantee. Though,the real estate company had already issued a release to the lawyer,who was the official tenant,allowing him to claim the $17 million COP guarantee.

The Swiss man lacked receipts for the payments made to the lawyer, as they were made in cash without documentation.According to the Swiss man, at the conciliation hearing, the lawyer “blatantly asks that I lend the sum of $ 8,500,000 to which I agreed to be able to finish this problem.”

Months after returning the apartments, the Swiss man finally obtained the foreigner card without paying any bribes.

Through his lawyer, Esmeralda Jaimes Rolón, the Swiss man reported Leonardo Herrera Anaya to the National Judicial Discipline. The lawyer claimed he was a friend, advisor, and lawyer to the Swiss man and that he withheld the apartment guarantee to offset fees. He also claimed he was unable to locate his client to repay the $8,500,000 COP he borrowed at the Chamber of Commerce.

Despite receiving power of attorney from the Swiss man to process the foreigner card, it was discovered that the lawyer took no action.

leonardo Herrera Anaya was accused of offenses against the honesty of the lawyer, violating prohibitions against advising fraudulent acts, demanding disproportionate remuneration, and failing to deliver funds received by virtue of professional management.