Index No. 712312010
FELIX CABRERA,
1390 St. Nicholas Street
County of New York
Plaintiff,
- against -
Radiodifusores, C. Por A,, Bienvenido Rodriguez Duran,
Wilfred0 Soto Rodriguez a/Wa Willy Rodriguez,
Alvaro Arvelo, Maxima Ramon Euripides Cabral Jimenez
a/Wa "Euri," Victor Gomez Casanova, and
Julio Martinez Pozo,
TO THE ABOVE NAMED DEFENDANT(S):
You are hereby summoned to answer the complaint in this action and to
serve a copy of your answer, or if the complaint is not served with this summons, to serve a
notice of appearance, on the plaintiffs attorneys within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the State of New York); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: New York, New York
July 13,2010
DEFENDANTS' ADDRESSES:
Radiodifusores, C. Por A.
Avenida 27 de Febrero No. 308
Santo Domingo, D.R.
(2 12) 888-8200
Attorneys for Plaintiff
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DEFENDANTS’ ADDRESSES cont.
Bienvenido Rodriguez Duran
Avenida 27 de Febrero No. 308
Santo Domingo, D.R.
Alvaro Arvelo
Avenida 27 de Febrero No. 308
Santo Domingo, D.R.
Victor Gomez Casanova
Avenida 27 de Febrero No. 308
Santo Domingo, D.R.
Julio Martinez Pozo
Avenida 27 de Febrero No. 308
Santo Domingo, D.R.
Maxirno Ramon Euripides Cabral Jimenez
dk/a “Euri”
Avenida 27 de Febrero No. 308
Santo Domingo, D.R.
Wilfred0 Soto Rodriguez dk/a Willy Rodriguez
Avenida 27 de Febrero No. 308
Santo Domingo, D.R.
X:\ES\Cabrera, Felix\Summons. wpd
2
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JOSE FELIX CABRERA,
Plaintiff,
- against -
Radiodifusores, C. Por A., Bienvenido Rodriguez Duran,
Wilfred0 Soto Rodriguez Ma
Willy Rodriguez,
Alvaro Arvelo, Maximo Ramon Euripides Cabral Jimenez
dk/a “Euri,” Victor Gomez Casanova, and
Julio Martinez Pozo,
Index No.
COMPLAINT
Plaintiff Jose Felix Cabrera (“Cabrera”), by his attorneys Feder Kaszovitz LLP, as and for
his complaint against defendants alleges on knowledge as to his own acts and otherwise upon
information and belief as follows:
NATURE OF THE ACTION
This action arises out of a campaign by defendants to harm Cabrera through the
1,
dissemination of false and derogatory statements impugning his integrity and reputation.
Defendants’ actions were undertaken maliciously, out of a desire to harm Cabrera, and with no
justification. By reason of this conduct, defendants are liable to plaintiff forper se damages in an
amount to be determined at trial, and, because of the willful, wanton and intentional nature of
defendants’ wrongful conduct, plaintiff is also entitled to punitive and
exact amount of which is also to be determined at trial but in no event less that t
dollars .
. . .
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FACTS
2. Cabrera is a resident of the State of New York, and has lived in New York for the past 32
years. Cabrera is one of the most successful promoters in the Latin music industry. He is well
recognized and respected by Latin artists as well as the Latin music listening public in New York,
Miami, Chicago, Los Angeles, Puerto Rico, and the Dominican Republic. Cabrera’s reputation
in the industry is critical to the success of his business. Cabrera maintains an office in
Manhattan, New York.
3. In or about September 2009, Cabrera was appointed Vice Minister of Tourism for the
Dominican Republic.
4. Defendant Radiodifusores, C. Por A. (“Radio 10
1
”) is a corporation with an address at
Avenida 27 de Febrero No. 308, Santo Domingo, D.R. It owns and operates a radio station
known as “Radio State Z 10 1
I’ in Santo Domingo, Dominican Republic. Among the programs
airing on the radio station is “El Gobierno de la Manana” [“The Government of Tomorrow,”]
(The “Show”), a talk show featuring various of the individual defendants, The Show is one of
the most popular on Dominican Republic radio.
5. Radio 101 also owns and operates the website 2101 Digital.com (the “Website”). The
Website is designed and intended to reach the Dominican population residing outside the Island,
particularly in the United States and the New York region. The Website carries and disseminates
numerous of the radio station’s programs, including the Show. Some of the defendants have
boasted on the air that through the Website the Show has an audience not only in the Caribbean
but also in New York and Europe.
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I-
6. Defendant Bienvenido Rodriguez Duran (“€3. Rodriguez”) is an individual with an
address at Avenida 27 de Febrero No. 308, Santo Domingo, D.R. He is the principal owner
and/or the executive officer of Radio 101. He is principally responsible for and approves all
material which airs on the radio station, including all that referred to below.
7. Defendant Wilfred0 Soto Rodriguez (“W, Rodriguez”) is an individual with an address
at Avenida 27 de Febrero No. 308, Santo Domingo, D.R. He is the Director of the Show and
reviews and approves all material airing of the Show, including that referred to below,
8. Defendant Alvaro Awelo ((‘Awelo’’) is an individual with an address at Avenida 27 de
Febrero No. 308, Santo Domingo, D.R. He is one of the hosts or moderators of the Show.
9. Defendant Victor Gomez Casanova (Tasanova”) is an individual with an address at .
Avenida 27 de Febrero No. 308, Santo Domingo, D.R. He is one of the hosts or moderators of
the Show.
10. Defendant Maximo Jimenez ((‘Euri’’) is an individual with an address at Avenida 27 de
Febrero No. 308, Santo Domingo, D.R. He is one of the hosts or moderators of the Show.
1 1, Defendant Julio Martinez Pozo (“Pozo”) is an individual with an address at Avenida 27
de Febrero No. 308, Santo Domingo, D.R. He is one of the hosts or moderators of the Show.
12. Defendants regularly transact business in New York, through the airing of shows on the
Website, interactive communications with New York residents through and on the Website, and
by contracting to supply goods or services in New York. Thus, the Website carries
advertisements for New York businesses such as Cablevision, which promotes on the Website its
“FIOS Triple Plan” available to New York residents. Other advertisers with whom Radio 101
and/or the Website contract include “Classes USA” which offer classes apparently available in
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New York, businesses offering massages in New York, LifeLock Identity Theft protection,
NetFlix, and Ebony.
13. In or about 2008, an entity in which Cabrera has an interest acquired a hotel from the
state of the Dominican Republic, The terms of the contract were later challenged in a lower
court in the Dominican Republic which ruled that the contract had to be awarded after open bids.
That decision was immediately appealed and, pursuant to Dominican law, the lower court’s
judgment was automatically stayed and became ineffective pending the appeal. No decision on
the appeal has been issued to date, and the lower court judgment remains ineffective.
14. In an edition of the Show which aired on or about February 23,2010 and was
disseminated in New York via the Website, Arvelo viciously attacked Cabrera’s honesty and
reputation. Arvelo referred to Cabrera as “avidato” or “shrewd” (all quotes herein are translated
from the original Spanish), and it was clear to the listening audience that Cabrera was the person
about whom Arvelo was speaking. Arvelo stated that Cabrera, an “abuser,” had caused the
Dominican Republic government to “give” him a hotel, that Cabrera had defied and violated a
court order, and that Cabrera was involved in money laundering. Arvelo stated:
(a) “so avidato, true, wanted them to give him this hotel of the Dominican state, give it
to him because you tell me a contract to pay 2,000 dollars, but what an abuser, what an abuser,
no what an avidato . . ,,”
(b) Arvelo then went on to state that there was “a court sentence cancelling this evil
contract, declaring it illegal , , . [but] that it remains the same, that is avidato continues working,
as ifthe contract were in effect, which was cancelled by a sentence of a court of the republic . ,
..” He went on to state that “avidato, despite even the sentence of the court of the republic, is
4
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moving forward with his evil contract . . eh , , . shitting on the Dominican justice . . .” and that
“he lied to you, shamelessly.”
(c) Finally, Arvelo stated that “avidato went once for them to give him this test, and on
the test he gave, what you give is money laundering.”
15. In fact, Arvelo’s statements were untrue. Cabrera did not cause anyone to “give” him a
hotel, the “court sentence” Arvelo referred to had been stayed and there was nothing illegal in
work “continuing” at the hotel, and there is absolutely no truth to the accusation that Cabrera is
involved in “money laundering.”
16. On the edition of the Show which aired on or about February 24,2010, again
disseminated in New York via the Website, Arvelo again stated that Cabrera was being “given” a
hotel, referring to him as a “mad dog [that] keeps barking, the mad dog foaming at the mouth . . .
the mad dog that drools . . , right . . . he keeps drooling his hate , . . full of hate and revenge
because it was in this program which prevented himfrom being given a Dominican State hotel.”
17, Defendant Gomez then joined in, stating that Cabrera, a state employee, “come to want
to take advantage of the treasury, to want to come to steal, to steal, the hotel and, take advantage
of the hotel lands, take advantage ofhis condition of employee and take advantage of those he
can deceive and lie being an employee . . ..”
18. On or about February 25,2010, on the Show which was also disseminated in New York
via the Website, defendant Pozo accused Cabrera of abusing the public trust: “Felix Cabrera
incurred in, it seems to me, an abuse of trust. . , .
33
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. .. .. ..... .
19. On an edition of the Show which aired on or about March 10,20 10, and which was
disseminated in New York through the Website, Awelo accused Cabrera of “blackmailing the
government”, as follows:
“ the other thing is diverting attention, you won’t be able to do it
because we here are jealous guardians, we also don’t owe you two million
dollars, like you go about blackmailing the government. , , , . Attention
Felix Bautista and Francisco Javier Garcia and others who are being
blackmailed! He says that he gave you two million dollars right! To the
campaign for the purpose of having it returned to him or giving him the
hotel, you’re not going to divert their attention, we aren’t the problem and
such or that thing, crazy thing, illiterate celebrity, and drug addict artists,
and these things, no, no, no, no, the issue is that we are aware of the hotel
business. They aren’t going to give you u state hotel avidato!”
20. On that same edition of the Show, Euri stated that Cabrera is associated with organized
crime and that he is a thief, stating:
“the unfortunate thing is that he keeps working on the hotel and
says that no one can stop him, the justice can’t stop him because he
is connected,”
and then stating
“the stealing that [Cabrera] want to do,”
2 1. On the same edition of the Show, Arvelo stated outright that Cabrera was a criminal, a
delinquent, and engaged in criminal activity:
“There is a shit in New York shaking up, fucking the patience,
wanting . . . to organize a campaign against this program, offend
whoever you can, not who you want, that’s why wanting to do it,
so this shit, this asshole, right, . , .eh.., already famous for many
... criminal activities, rightis talking on your behalf and is
looking for signatures of idiots, some very serious surprised in
their good faith, others imbecile idiots, oligophrenics, mental
retards, right.. .that he makes.. .makes them sign.. .letters.. .libelous
6
. .. . . -. .... . .
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letters, defamatory, and also stupid, idiotic, this is what the shit is
mobilizing, right.. .famous for criminalflles in this country.”
Arvelo went on to state that Cabrera:
“doesn
’t have the moral authority to speak for anyone, not even
for the Devil,” and “We make the call to you so you call this
disgustittg rat, insignificant rat, call him, this delinquent because
this is what a delinquent is, call him because he is not going to
jeopardize this program.”
22. Again on the edition of the Show which aired on or about March 10,201
0, Arvelo
accused Cabrera of being a robber and money launderer:
“This is a program of news and commentaries and to denounce
those who want to rob.. .eh.. .eh, state hotels, and those who
money launder
from drugs and those who blackmail two
important political leaders, telling them that he gave them two
million dollars to the campaign, and therefore they can’t talk, and
they have to give him, the hotel.. . .right?
“it’s been said on this program that he has a money laundering
operation, careful if the two million dollars was money, was
money that went through the water sieve and the soap of the
laundromat. FClix, don’t let him screw you like the other time you
let yourself be screwed and went to jail.
23. All of the statements quoted or referred to above were false when made, were known by
the defendants to be false, or were made by them with reckless disregard for their truth or falsity,
CAUSE OF ACTION
24. Plaintiff repeats and realleges the allegations of paragraphs 1 - 23 above as if fully set
forth herein,
25. The statements and implications made or approved by defendants regarding Cabrera
referred to in paragraphs 1 1-1 9, are and were false when made.
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26. Defendants acted with knowledge of the falsity of these statements, reckless disregard
for the truth, and/or with malicious intent in publishing such false statements to third parties.
27. These statements defame and otherwise impugn the integrity and reputation of Cabrera.
The statements injured Cabrera’s reputation for honesty, integrity and ability in the conduct of his
business, and the performance of his duties as a public official.
28. The statements are defamatoryper se, so that general damages may be presumed as a
matter of law.
29. Defendants’ statements have caused Cabrera to suffer great mental anguish, pain and
humiliation for which plaintiff is entitled to recover damages against defendants.
30. Because of defendants’ defamation in the statements published by them, Cabrera has
been grievously and seriously injured in his business, causing great loss of financial gain and
profits which Cabrera would otherwise have made both now and in the future. Cabrera is
entitled to recover special damages from defendants.
3 1. Because of defendants defamation in the statements published by them, Cabrera has
been injured in his reputation as a public official, for which Cabrera is entitled to recover general
damages from defendants.
32. By reason fo the foregoing, defendants are liable to Cabrera for damages in an amount
of not less than ten million ($10,000,000) dollars.
33. Defendants acted with malice, both presumed and actual, in publishing the statements
concerning Cabrera that they knew to be false.
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34. Because of the willful, wanton and intentional nature of defendants’ conduct, they are
also liable for punitive and exemplary damages in a further amount to be determined but alleged
to be not less than thirty million ($30,000,000) dollars.
WHEREFORE, Plaintiff requests judgment against each defendant:
(a) for damages in an amount alleged to be not less than ten million ($10,000,000) dollars;
(b) punitive and exemplary damages in a further amount to be determined but alleged to be
not less than thirty million ($30,000,000) dollars;
(c) The costs of this action, including reasonable attorney’s fees; and
(d) Such other and further relief as the Court may deem just and proper.
Dated: New York, New York
July 13,2010
FEDER KASZOVITZALP
(212) 888-8200
9
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, I .
VERIFICATION
STATE OF NEW YORK )
COUNTY OF NEW YORK )
) ss.:
FELIX CABRERA,
being duly sworn, deposes and says:
I am the plaintiff in the within action; I have read the foregoing Complaint and know the
contents thereoc and the same is true to my own knowledge, except as to matters therein stated
to be alleged upon information and belief, and as to those matters I believe it to be true.
Sworn to before me this
/# day of July, 201 0
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