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Author: Subject: Mark & Olivia; Playa Buenaventura
chuckie
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[*] posted on 3-4-2012 at 07:17 PM


Hey! If we could get this sillyness on video, it would outsell Debbie Does Dallas......A bunch of Skunks in a peeing contest....I'm just sayin...



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[*] posted on 3-4-2012 at 09:32 PM


Poof. All gone. The magic of moderator editing. To those still following this thread- you missed nothing about the topic- trust me.

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[*] posted on 3-4-2012 at 09:39 PM


:yawn::yawn::yawn::yawn::yawn::yawn::yawn::yawn::yawn::yawn::yawn::yawn::yawn::yawn::yawn::yawn:
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[*] posted on 3-4-2012 at 10:27 PM


Thanks right.....mumble jumble. Glad Doug clean up the mess that including your stuff as well. :-)

Quote:
Originally posted by Woooosh
Poof. All gone. The magic of moderator editing. To those still following this thread- you missed nothing about the topic- trust me.

:saint::saint:




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[*] posted on 3-4-2012 at 11:53 PM


Sigh!



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[*] posted on 3-5-2012 at 12:00 AM


Quote:
Originally posted by mcfez
Thanks right.....mumble jumble. Glad Doug clean up the mess that including your stuff as well. :-)

Quote:
Originally posted by Woooosh
Poof. All gone. The magic of moderator editing. To those still following this thread- you missed nothing about the topic- trust me.

:saint::saint:


You think he cleaned it up? Looks like pretty selective editing to me? Like, why hasn't Angel been banned yet?
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[*] posted on 3-5-2012 at 10:02 AM


You have now been returned to your regularly scheduled programing!!



Mexico!! Where two can live as cheaply as one.....but it costs twice as much.....
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[*] posted on 3-5-2012 at 10:14 AM


Zeta Magazine is reporting in this article of March 4 that Raphael Martinez Munoz (Ramuma53) presented a land title from the State of Veracruz to show ownership rights over Playa Buenaventura in Baja California Sur. The word used is "apócrifo" which I think means "hidden" or "of questionable origin" in this context. At least I think I translated that correctly.

I'm sure Raphael will respond. This article appears to contradict the claims of Raphael that he owns the Hotel or anything at all at that location. It is confusing as one part of the article says the Hotel is on the land of the Ejido La Purisima and values the land at $17 Million USD (that may be pesos, not sure).

[Edited on 3-5-2012 by Woooosh]




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[*] posted on 3-5-2012 at 10:29 AM


Thanks for the news "story" ... a difficult read IMHO ... as are most narrative "reports" on any investigation...


It's too bad a report using the P.O.S.T method can't be produced.. which would put it all together for either side...

Remember investigations going 10 plus years.. they were a bit hard to write up, when concluded .... as one see here .... someone trying to write this ONE up ... in a narrative format ...

A narrative format is just impossible to use when doing a recap summary of a ten year plus on going investigation ... or just about anything "legal" in nature, requiring a objective and fully documented investigation which can easily be read and used by a prosecutor in court. Have found most attorney's prefer something which has ALL supportive documentation and tells them out of the "box" what is going on and what specific violation in law have been documented ... not just a narrative going on and on with only a "statement" referencing an investigation and/or documents associated with same ...

Most want a "case file" which can stand in court on it's own and they can WIN with in court ...

Would prefer an investigative report in with the following format:

1. Recap summary of only ONE page.. which concludes with the violations of Law and regulations "found" and is fully supported the investigation.

2. The second page, a list of All "players" with their titles, address and phone numbers for contact.

3. Time line, a chronology, with date, time and the investigator's notes along with reference to documentation to support each event logged with a date and time ...see (Attachment 1 through ______ . These documents of course would support any verbal statement made with a signed written statement, photographs, samples obtained, laboratory results, certified copies of all documents referenced.

4. Would be the "Evidence" section and would include ALL "documents" of evidence which support the one page summary and conclusion and are linked to the chronology entries by reference number (Attachment 1 through _______ )










[Edited on 3-5-2012 by wessongroup]




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[*] posted on 3-5-2012 at 10:30 AM
Google Translate Version


Complaint against the governor and the attorney for property BCS in Conception Bay

The conflict between American Mark J. Burbey and businessman Muñoz Martinez for land culminated in an attempt to take property by force, using armed persons. The PGJE took up the matter. The result was a complaint by "The Black Hand" against Attorney Leal Gamill Arreola, like Marcos Covarrubias Villaseñor for the crime of abuse of authority. Burbey Muñoz Martinez says has ties to organized crime.

ZETA Research

Mutual accusations, trades, suspect, criminal complaints and even death threats had accumulated in a growing conflict between the foreigner Mark J. Burbey and businessman Rafael Muñoz Martinez, alias "The Black Hand" by the contention of an expensive property in Bahia Concepcion, until the latter, having lost a case, tried to take the building violently, using armed people.

The scenario ríspido registered on 4 February, the same that required intervention and protest the representative of the U.S. Consulate in Mulege, Jim Christopher under attack on his fellow-where sought at any cost to recover possession of the property the Tijuana-born businessman, had under his control in most of the presidential term of former Gov. Narciso Agundez Montano, practically forced the Attorney General of the State (PGJE) to operate five days later, ie on 9 February, it stopped and rooted to the attackers, who are:

A. - Alan Mario Perez Rivera, 36-year-old native of Mexico City and established in Ecatepec, Mexico.

2. - Juan Banuelos Duran, age 40, of Ciudad Constitucion.

3. - Roberto Miranda Gomez 37-year-old from La Paz.

4. - Aréchiga Oswaldo Perez, 44, a native of La Paz.

5. - Roberto Aréchiga Perez, 35 years old, from La Paz.

6. - Mary Elizabeth Espinoza Montano, 51, originally from Tijuana.

But the intervention of the PGJE, substantiated by the fact that surfaced firearms, and even threatened because tourists were inside the property with an area of ​​396 hectares, was not liked by "The Black Hand" -accustomed to impunity and complicity that had in the past, so the February 10 traveled to Mexico City and filed a criminal complaint at the Attorney General's Office (PGR) against the Attorney General's State Fair Gamill Arreola, and the governor of Baja California Sur, Mark Covarrubias Villaseñor for the crime of abuse of authority.

The complaint said the victim of the state police and the commanders of the PGJE to have erupted in a violent manner in which he said was his hotel, and after hitting submit and their workers, he explained, were arrested and charged with theft, association conspiracy and possession of firearms.

On 19 February the businessman Tijuana branch of Furniture, upheld the complaint against the south Californian authorities and even went to the Office of Special Investigations into Organized Crime (OFDI), and put an addition: I accuse them of having links with Olivia Higuera Amador, aka "The Cowgirl", wife of U.S. and owner of the land in dispute, who he said had ties to the Pacific Cartel.

The beginning

The first time you heard the name of Rafael Muñoz Martinez in Baja California Sur was at the end of his term of former Governor Leonel Cota Montano and early Narciso Agundez Montano.

In a website, and from nowhere, appeared a notice of sale of 200 thousand hectares of a "fabulous" land with 5 miles of beach, exclusive and ideal for residential tourism. The commercial bid added: "The land has an assessed value of 62.30 dollars per square meter, but remato at $ 6 per square meter of ground."

When stakeholders contacted the seller, it was learned that this was the Tijuana businessman, who held documents issued since the August 7, 1992 by the National Agrarian Registry (RAN).

The few residents of Conception Bay, located just 97 kilometers northwest of Loreto, following Federal Highway or Highway One Transpeninsular, but in the municipality of Mulege, began to note that some lots, land and farms were being squeezed unusually. Everyone thought they were the new owners of the place, because, at that time, the Grupo Carso had submitted a project to build a sailing resort on Bahia Concepcion, which include villas, hotels, restaurants and other attractions aimed at people of high purchasing power.

However, it was not, the fencing was extended to beach access, which merited an investigation and intervention of the Federal Environmental Protection by-then-de Maritza Muñoz Vargas. During a tour of the area found that they were surrounded the entrances to the Playa Armenta and Concepcion Bay and barbed wire fences.

The delegate of the PROFEPA required to dealers of the Federal Maritime Zone, in that he realized that in the case of Bahia Concepcion was concession in favor of Olivia Higuera Aguilar, but the business had not placed the fences. They were in the research process, when suddenly there was the businessman Rafael Muñoz Martinez, claiming the place as their own, and accompanied by a group of people, seized the property of Higuera, destroying the guard house of the property "The Armenta "owned by Yates and Tourism.

In the exchange of information between PROFEPA and the ANC confirmed that the owner of the land of Bahia Concepcion was Olivia Higuera Aguilar and her husband Mark J. Burbey, so that if necessary, they said, could provide the necessary documentation as evidence that the criminal charges were brought against Rafael Muñoz Martinez and another businessman named Juan Ernesto Corona, who had accomplished the dispossession of property and land were sold to individuals, and who were never required because, as explained at the time, Fernando Gonzalez Rubio, former head of the PGJE, the affected-"had orders from above not to intervene."

The delegate of the ANC itself, Alberto Moreno Orozco, at that time publicly stated that although the issue was not within its jurisdiction, because "it was a private problem", the institution would attest to the character of Olivia Higuera Aguilar posesionaria by be the legal owner.

"The Cowgirl" as it is also known, was stripped of his land, where he had a hotel, restaurant and shop, located in Conception Bay on a beach known as Buenaventura, so at the request of the victim, and it in the process of litigation, the National Agrarian Registry (RAN) investigated the title of Rafael Muñoz Martinez and found that papers displayed on land ownership, were of a farm in Veracruz state, so that finally, after a long process, established that the titles were apocryphal, and only then was able to recover their property when the Tijuana businessman and had dealings with an individual to sell the property at 17 million dollars.

The lawyer Andrew Soria Islands, Agrarian Court Judge District 48, was responsible for the judgment of eviction issued against Rafael Muñoz Martinez, and formally returned to Olivia Higuera Aguilar the three farms that were invaded in the Buenaventura beach of Bahia Concepcion, Baja California Sur.

The lawsuit

But the Agrarian Court's decision, and leading authority on the subject, not satisfied to let Rafael Muñoz Martinez, alias "The Black Hand", so the February 9 tried to commit, at any cost, a new coup and seize again the three areas of Olivia Higuera Amador.

17 million dollars in market value of the land, and with a customer-door, allowed the Tijuana businessman sent six of his henchmen to retrieve the property, two of whom were armed with pistols and shotguns and fired shots into the air when they arrived at the property, taking advantage of the darkness of the night.

No longer Narciso Agundez Montano in the power of Baja California Sur, the invaders got frightened and owners, Olivia Higuera Aguilar and her husband Mark J. Burbey, and a group of tourists who were staying at the hotel, so we stayed for five days inside the premises until he reached the State Ministerial Police and arrested.

Data collected by ZETA exposed during the arrest the invaders opposed massive resistance to the degree that blows attacked some police officers, although they were eventually subdued and arrested, and subsequently rooted by the Attorney General of State.

The first thing Rafael Muñoz Martinez is airing the case publicly and said the victim of an abuse of authority.

The businessman accused Yee Aloy and Felix Aguilar Murillo, Public Prosecutor of the Common Law and Ministerial Police Commander, respectively, have stopped their workers with extreme violence and without a search warrant or arrest, when they went and arrested in Buenaventura Beach.

In a press conference, Eduardo Barraza Garcia, lawyer and representative of "The Black Hand", predicted that interpose a criminal complaint against the person or persons responsible for the facts, since he said that Rafael Muñoz Martinez is the legitimate property owner and the Bonaventure Hotel.

"Workers have committed no crime because they were working on land owned by the employer, and if the employee Alain Perez Mario Rivera was holding a .380 caliber firearm, it is because guarding the house and the gun has the permission for the Ministry of National Defense, "explained the lawyer.

On February 10, one day after the event, Rafael Muñoz Martinez traveled to Mexico City and filed a criminal complaint at the Attorney General's Office (PGR) against the Attorney General of the State Fair Gamill Arreola , and the governor, Mark Covarrubias Villaseñor for the crime of abuse of authority.

Nine days later, ie on 19 February, the Tijuana businessman was presented to ratify the formal complaint and-extended in its complaint, the alleged links of the governor and the attorney with Olivia Higuera Aguilar and her husband Mark J. Burbey, who he said had "ties to the Pacific Cartel."

And went further. In his criminal complaint, Munoz said that "The Cowgirl" and her husband commanded downloads maritime drug in the municipality of Mulege, which had already notified local authorities, which "had backfired, as the caretakers of the order and the promotion of justice, had turned against him because of good performance are vigilant in the business of Pacific Cartel in the state.

"We have cooperated with all intelligence agencies to combat Mexican drug that has the president, all that hope, that while not protect us, but do not help us, not the authorities who attack us, we can defend ourselves from criminals but we can not against corrupt officials, "said verbatim.

On behalf of the hospitality industry, "The Black Hand" for the resignation of Gamill Arreola Leal, after continuous threats and acts of violence than their subordinates, he pointed out have been made against other employers to persuade them to remain silent, but gave no names .

The businessman said he would come to the end because the chase came to such a degree that his subordinates were introduced to the hotel at Playa Buenaventura, and took by force, and without search warrants or arrest Espinoza Mary Elizabeth Montano, manager of hotel, and security chief, Alan Perez Mario Rivera, to root them and fabricarles crimes "nonexistent."

Weekly data collected with this made it clear that "The Black Hand" has presented to date fourteen complaints in the Office of Special Investigations into Organized Crime (OFDI) against Olivia Higuera Aguilar alias "The Cowgirl" and her husband, Mark J . Burbey on alleged links to organized crime.

However, none has done for lack of evidence, even if the employer has persisted and more complaints since the Navy Secretariat (SEMARNAT) and the National Defense Secretariat (SEDENA), PGR and Federal Public Security Secretariat, on alleged anomalies and has alleged landings data of drugs, from Central and South America, even in writing, the President Felipe Calderón has promised to investigate.

Reactions

On the allegations, Governor Mark Covarrubias Villaseñor said he was not aware of any complaint against him, so he "could not give an opinion about it."

The one who broached the subject was the owner of the PGJE, Arreola Gamill Leal, who denied that the institution is conducting the investigation of crimes outside the legal framework and partially to favor or harm interests of individuals or groups.

The state attorney said that since April 2011 in the administration of justice is given the protection and guarantees enshrined in the Constitution of the Republic, the Criminal Code and Criminal Procedure in the State, without distinction, providing legal certainty properties and investments in the State.

He stated that this determination to seek justice efficiently and effectively, can be affected interests of individuals who in other administrations may have received special treatment, and "the possible reactions of those who feel affected not invariably influence the decision to apply the law without distinction of any kind, and in coordination with security corporations of the three levels of government to ensure the tranquility that has distinguished Baja California Sur, nationally and internationally. "

Meanwhile, Olivia Higuera Aguilar said to be an ordinary citizen who cares about your business move forward with a restaurant and the award of the Federal Maritime Zone in Conception Bay.

During an interview with ZETA said that everything has its origin in the legal dispute over a property with Rafael Munoz Martinez, who, using an apocryphal title, tried to strip her of her property.

- Are the accusations against the governor and the attorney in the PGR in Mexico City, could be also a product of the action it was in stopping the invaders of their property?, He was asked.

"Sure, because I and my husband won three trials of three properties, among which is the Hotel Bonaventure in the Agrarian Court, and executed the judgment in our favor and I was asked what he had won at trial and we did, however, on February 5, broke into my home several persons sent by him, armed and shooting bullets, and they went to rob my house and burned everything, important documents, clothes and everything. "

He explained that for this reason was to lodge a complaint the same day and until 9 arrested the assailants and their weapons confiscated.

"Following that, Mr. Rafael Muñoz Martinez is dedicated to bashing the prosecutor and the governor and accuse the PGR, all because he wants to stay with the property and even forces a hotel in Ejido La Purisima who built and that some Italians feel intimidated by him, pierced society, and it turns out the man, appeared with another apocryphal document of that property, but that's another judgment that is not my business, "he said.

"The Cowgirl" said that since the arrival of "The Black Hand," who enjoyed impunity during the administration of Narciso Agundez-the more than 340 members of the Ejido La Purisima have felt threatened by the employer, which has created a climate of uncertainty and insecurity are affected investment and tourism in the area.




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[*] posted on 3-5-2012 at 11:01 AM


From what I can make out of all this Mark and Olivia will be vindicated.:biggrin:
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[*] posted on 3-5-2012 at 11:04 AM


as they should be... it would be great if they stripped Muñoz 'The Black Hand' of the motel claims and somehow give it to Olivia and Mark for the pain he has put them through and the destruction of their home and personal property when his thugs burned their house.



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[*] posted on 3-5-2012 at 12:00 PM


I would doubt this is over. Just sayin'. Munoz seems like a smart man - investing years of time and money with a title from another state seems out of character. But, we'll see. More to come on the telenovela.

[Edited on 3-5-2012 by Roberto]
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[*] posted on 3-5-2012 at 12:42 PM


"Agrarian Court" ....

Rural Conflict and Agrarian Courts in Mexico, 1992 – 2008

"And before we set agrarian history completely aside, the new political and social history will need to take this localized and internal conflict more fully into account

William Roseberry"

The history of these entities provides a better understanding of what is going on IMHO ...

http://jg.socialsciences.manchester.ac.uk/docs/Manchester/Ba...




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[*] posted on 3-5-2012 at 12:48 PM


Quote:
Originally posted by wessongroup
"Agrarian Court" ....

Rural Conflict and Agrarian Courts in Mexico, 1992 – 2008

"And before we set agrarian history completely aside, the new political and social history will need to take this localized and internal conflict more fully into account

William Roseberry"

The history of these entities provides a better understanding of what is going on IMHO ...

http://jg.socialsciences.manchester.ac.uk/docs/Manchester/Ba...

That is a very interesting article. I only scanned it- will dig deeper into it later. Good stuff Wiley.




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[*] posted on 3-5-2012 at 01:13 PM


Quote:
Originally posted by gnukid
http://www.zetatijuana.com/2012/03/04/el-pleitazo-de-rafael-...

Denuncia contra el gobernador y el procurador de BCS por propiedad en Bahía Concepción

.


the "black hand" ("dirty hand?") was bragging that he was going to win the battle in the press and on the presidential campaign trail...
has anyone found news articles painting rafael in a good light????
are his henchmen still in jail??? i thought the "dirty hand" said they were going to be released yesterday, or the day before, or the day before that, etc...
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[*] posted on 3-5-2012 at 01:16 PM


"When in 1992 President Carlos Salinas de Gortari (1988-1994) oversaw the amendment of Article 27 of the Constitution—formally ending a state commitment to land distribution dating from 1915"


"What seemed to resonate in the vast majority of ejidos and agrarian
communities across the country that decided to join the land-titling program was the promise of a new relationship between the state and the agrarian social sector based on at least some degree of transparency and accountability. This was a compelling prospect precisely because the history of Mexico’s postrevolutionary agrarian reform (1915-1992) was one of corruption, inefficiency, and abuse of power at all levels of the agrarian reform sector, a legacy that left a legal and administrative morass"




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[*] posted on 3-6-2012 at 09:51 PM


Crickets.....Crickets.....Crickets
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[*] posted on 3-6-2012 at 10:28 PM


Quote:
Originally posted by tripledigitken
Crickets.....Crickets.....Crickets

yeah, for sure. When I saw the 1992 date in the Zeta article and the 1992 date in the excellent article on Mexican Land law reforms Wessongroup linked I figured this legal battle will not end in our lifetimes. Previously I had thought BCS had an advantage over BCN in the way the land laws were being applied. Now it's all as clear as mud. It is possible the impact of the changeover in Mexican real estate laws in 1992 is something that will be fought and disputed for many many years. How do you change the laws in 1992 for a Mexican "peasant" (the intended people to benefit from the ejido- a Kibbutz-type land award) who has been on that land for 40 years or more prior to that? The more you learn about it, the less you understand.

One thing I do understand is it is always better to own your land before you improve it. We bought our lot and waited 6 months until the legal land title was in our hands before taking the next step. And that was in an established neighborhood. You have to go slowly and carefully, step by step.




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[*] posted on 3-7-2012 at 08:40 AM


Quote:
Originally posted by gnukid
"... in the process of litigation, the National Agrarian Registry (RAN) investigated the title of Rafael Muñoz Martinez and found that papers displayed on land ownership, were of a farm in Veracruz state, so that finally, after a long process, established that the titles were apocryphal, and only then was able to recover their property when the Tijuana businessman and had dealings with an individual to sell the property at 17 million dollars.

The lawyer Andrew Soria Islands, Agrarian Court Judge District 48, was responsible for the judgment of eviction issued against Rafael Muñoz Martinez, and formally returned to Olivia Higuera Aguilar the three farms that were invaded in the Buenaventura beach of Bahia Concepcion, Baja California Sur." Zeta


Case closed!:biggrin:
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