1) Entrepreneurs Mena Lopez and Emile Hassell are claiming almost $12 million from Arubabank and Riffort Village/Renaissance Hotel, alleging they conspired to allow the hotel to take over their bankrupt beauty spa Aqua Spa for very little money.
2) New evidence has emerged that contradicts statements made by Arubabank during a previous court hearing, including confirmation that the bank ordered an immediate closure of the spa in December 2010, contrary to previous claims.
3) The entrepreneurs believe this new evidence supports their claim that Arubabank negotiated the sale of the spa's goods to the Renaissance Hotel for a very low
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A m i g o e A r u b a October 27 2012 English
1. AMIGOE ARUBA
Entrepreneurs Aqua Spa fight on
Sunday, 28 October 2012 17:02
ORANJESTAD In the multi-million claims case against Arubabank and Riffort
Village/Renaissance Hotel, the bank recently lied before the judge, said Aruban entrepreneurs who
instituted proceedings based on new evidence.
A decision on this case from the meanwhile bankrupt beauty parlor Aqua Spa at the Renaissance
Hotel on Cura巽ao is scheduled for Monday, October 29. The case had come up in court on
September 18 on which the Amigoe reported on September 20. At the time the judge already paid
much attention to the role of Arubabank in the companys ruin. Entrepreneurs Hassell-Lopez
(mother Mena and son Emile) claimed almost 12 million florins because they alleged the bank had
connived with Renaissance so that the hotel could take over the spa for very little.
Attachment of goods
In court the judge mainly asked questions as to why the bank when there was a question of
arrears with the entrepreneurs had closed the spa for two months and left the contents inside. A
clear answer wasnt given in court because Arubabank made it clear that it hadnt actually closed
the business on December 22, 2010. The bank implied in court that the spa could have continued its
business. The bank had gone to the spa with a bailiff that day but only to take stock. By its own
account the bank took that action because it feared the entrepreneurs would try to sell the
insolvent spa. After all the bank had tried to contact spa-director Emile for days and on December
17 the bank finally visited mother Mena Lopez who supposedly mentioned the sale at the time. For
that matter, the entrepreneurs categorically deny the sale.
After the session in court on September 18 the entrepreneurs immediately started collecting new
evidence against what the two bank employees had stated before the judge. A conversation
followed with the bailiff and personnel from Arubabank, who unexpectedly visited the spa and
immediately closed the business. This bailiff states he acted by order of the bank to place an
attachment on the goods. According to him, this automatically means closing the business
immediately. The request to place an attachment had already been made on December 7, according
to a letter from the lawyer currently representing Arubabank in this case. The Arubabank lied once
again to the judge on having waited until after December 17 to take action, said Lopez.
Matter of principle
The bailiff also stated that the auction of the seized goods was held several months later because
Arubabank negotiated with Eduardo de Veer Jr. from Renaissance on how much De Veer would pay
for the goods. Entrepreneurs Hassell and Lopez consider this further evidence for their proposition
that the goods were sold for next to nothing so that Renaissance could eventually reopen the spa
2. quickly on its own. During the auction the goods were sold to De Veer for 76,000 florins. It was a
public auction and according to a statement from another beauty specialist who wanted to make a
bid, everyone who had come felt they were taken for a ride because apparently there was already
an agreement that Renaissance would buy the business. The entrepreneurs also query this
considering their current debt of 1.6 million which Arubabank had reclaimed while the bank had
sold their goods for a very low price. According to Lopez, this also proves that the bank had lied
about their collaboration with Renaissance.
Lopez, who had a spa for years on Aruba, says this case has now become a matter of principle.
Behind our backs the bank negotiated with Renaissance to take over the spa, thus violating ethic
rules. I dont want to become 80 years and live with this dishonesty for years. We call this swindle
here. During the court session the lawyer of Renaissance spoke of the goose with the golden eggs
and that the hotel must not become a playground for companies. However, it happens to be their
playground and they have the goose with the golden eggs while they and the bank abuse their
power to put pressure on an ambitious entrepreneur. This pressure continues said Lopez because
despite the trial bailiffs still pay her salon on Aruba unexpected visits. She finds the conduct of the
Arubabank Im not talking about all banks because I had a good relation with RBC for example
and the lying shocking. Like many, Ive been raised to respect banks. They are to comply with high
ethic standards; thats how they promote themselves. At first I couldnt believe their intentions and
it took some time before I understood. Thats why I always compare my shock with that of the
reports on abuse in the Catholic Church.
Events
In any case Lopez will never borrow from a bank again. She sees events as the upcoming Aruba
Small Business Week as a front to get entrepreneurs to contract a loan. I know them because I too
visited such events. It sounds promising for the average entrepreneur who has little time and
listens to information that is aiming too high. These are socializing events where food and drinks
are served, something comparable to falling in love. However, the wake-up call comes once youve
signed. Signing a loan agreement with Arubabank with personal surety is like Hotel California to
me: you can check out but you can never leave. Lopez advises other entrepreneurs to use their
savings or bring in capital together with other equal partners. Take it slow, and grow step by step
on your own.
On her trial she states: the judge also urged for a settlement and was prepared to give more time.
Lopez says thereve been approaches by Arubabank and Renaissance since September 18 but
theres nothing concrete as yet. If the verdict next Monday is not in her favor, the entrepreneur will
not give up. Its become a matter of principle; this is not how you treat people.
No comment
Arubabank and Renaissance said they wouldnt comment while the trial is in progress. As reported
earlier by the Amigoe they deny the conspiracy. They blame the downfall of Aqua Spa on
inexperience, especially of director Hassell, and consider this the risk of entrepreneurship.