The ousted former CEO of the company that owned Miami Seaquarium concocted a “scheme” to divert sales revenue into a separate company contrary to a U.S. bankruptcy judge’s order, a court filing alleges.
The allegations against Eduardo Albor were contained in a status report filed Monday with U.S.Bankruptcy Judge Laurie Selber Silverstein and were made by Robert Wagstaff, appointed by the new management as the chief restructuring officer.
“My team discovered that Mr. Albor had been diverting all revenues from the Debtors’ Mexican parks to an entity called “Proyectos Ejecutivos Sostentables,” Wagstaff wrote the court.
READ MORE: New Seaquarium owners secure control, plan to break up Dolphin Company’s park properties
Wagstaff said Albor’s representatives used credit card readers purchased at a Costco in Cancún, Mexico to bypass the regular revenue collection process to put the money in an account not controlled by the new group.
Earlier this month, Judge Silverstein found Albor in contempt of court and threatened fines of $10,000 a day for noncompliance. She also said Albor had to stop his efforts in Mexican courts to regain control of the network of companies.
But in Monday’s court filing, Wagstaff also alleged Albor was continuing challenges to his ouster in Mexican courts by filing new motions. And he described a scene at the Mexican headquarters of The Dolphin Co., where Albor allegedly told employees the new management’s efforts to access a locked room of records were illegal and threatened to contact law enforcement
Albor did not return an email for comment, nor did his attorney, James Moon.
Albor, in a June 13 email attached to Wagstaff’s filing, said he preferred to “not get involved.” But then, after the bank accounts became restricted, Albor said, “We look first how to keep the Company operating as our main duty and responsibility and the only way to do it was having access to cash flow of the operation.”
Judge Silverstein has a hearing set for Wednesday on the enforcement of her earlier orders.
As to Seaquarium, Miami-Dade County has an eviction proceeding pending. Mayor Daniella Levine Cava has said she wants to close the attraction and use the County-owned property for something else. The eviction case was put on hold because of the bankruptcy.
The marine park made national headlines when Albor said he would transfer Seaquarium’s orca whale Lolita to a seapen in Washington State. Lolita, however, becaume one of several animals that died at the park when Albor owned it.
This story was originally published in the Key Biscayne Independent, a WLRN News partner.
