(404-10298-10218 é ro mips er om ae Fe ee Yo epi eee ec ee beet ce ental eB eae oma) ; . tyne as . 4 me: . A 4 O pBAr = * . ae UNITED STATES DEPARTMENT OP JUSTICS yo. Pederal Bureau of Investigation \ copy te: : \ . Report of: FRANCIS J, O'BRIEN Office: New Yorx, New York Date: 2/21/62 4 4, Field Office File No.: 100-9086 Bureau Pile No.: 61-7952 7 @ ritle: “ROBERT C. -WOOD - = Ne | Character: SECURITY MATTER = C; SMTERNAL SECURITY - CUBA; REGISTRATION ACT. - CUBA Synopsis: NY T-1 advised that balance in account of R. Cc. yy ‘ . g wood Imported Cigars, Inc., with Manufacturers Sanover Trust Co., a3 of 12/29/61, was $4,157.96. XY T-l also stated that checks drawn on this sccount were for the payment of salaries-and moxrmal business expenses, LEONA?D PICKARD, CPA, / advised that during auditing of bocks of RCBERT C. WOOD he has never observed any funds coming ts WOOD from the National Banx of Cuba or froa Scoresa Cubana de Exportaciones of Havana; Cuba, CHARLES ASHMANN, attorney, Miami, Florida, advised - that Harris Advertising Agency haa been successful in the initial phase of its suit against the Cuban Government as a favorable decision was handed down in Dade County Court relative to the seizure Thia decuszent contains neither recommendations nor conclusions of the FSI, It is the property of the FEI andjis loaned to your agency; it and its contents are not to be distributed outside your agenvy. Sencted rox Project C exc) ct oe tipeti fications pee PASS cary = "poe arhtined ts ' - Faids + % lq- 2067S s fe re ne ce me eR RR eee te te tee an at ne ee a Need ‘3
por tere $ CT ee SRT Ce ae EEN Den Sonne Se awed etna! ‘ ar oan ee . a , ~ ; ; " . oy i - / . 4 r) i , ~ « : ae: NZ 257-9086 i rk rer 1 eine ares er Ao +h (iyrepeia Cont'd) of Cuban tobacco destined for R.C.W. Supervisor, Inc. ACHMANN stated that preeeeds of the gnle of the saisced tobacco amounted to $205,000.00 and satisfied the debts of the Cuban Government to vs Harris Advertising agency. A news iten appearing in the Mlami-published Cuban paper “El Mundo" on : 1/14/82, related that Expresa Cubana de Exportactones was dissolved on 12/31/61 on tha resolution passed ty “tne Cuban Foreign Conmerce Minister, STANLEY M, - 2WAIX, attorney, 165 Broadway, NYC, advised his law firm sepresents Three Stara Trading Company which '.48, suing the Government of Cuba for breach’ contract. Z2WAIK stated that papers have been filed in -NY ~Gtate Supromo Court to attempt to attach montas. collected in the U.S. by ROBERT C, WOOD of R.C.W. Supesviser, Ine, Results of examination of ROBERT G, WOOD by Attorney EDWARD J, ENNIS and affidavit of attorney ENNIS filed in NY State Suprome Court set forth. ADOLFO AURIEMA, Sr. advised on 2/8/62 that WOOD and his firms had to vacate premises on ; or borore 5/31/62, AURIE“A stated that he belioved af WOOD was presently in Havana, Cuba, but was not absolutely positive, Attorney MONROE P, BLOCH, NYC, advised that there were no new developments in U.S. District Court.to_. ohtain an iniunetion a _— and his firms, -~ Pe L f TETSILS: - 2. +8, By 4 j ‘ ¢ . f . OL
14-00000 FEDERAL BUREAU OP INVESTIGATION Tate i 62 Wi T-1 advised on January 3, 1962, that the balance in the account of R, C, Wood Deported Cigars, Incorporated, as of December 1, 1961, was $7,482.32, The balance in the account as of December 29, 191 was $4,137.96, -, . ’ NY T=] advised that during the month of December, 191, there were 22 deposits made to this account and the checks drawn oh this ccount were for the payment of salaries of the employees and for the payment of i@gitimate business expenses. s M¥ TL also advised that this account reflected that R.C, Wood Imported Cigars, Incorporated, pays $421.89 © for rent .and electricity to Ad aurtema Incorporated, 85 Broad. Street, New York City. ' HY Vel advised that check number 10502 dated December 8, 1961, was paid to ARCHIBALD BROMSEN and this cheok Was in the amcunt o> $10,000.00. The account also reflected that for the month of November, 1961, a check dated Cecember 14, 1961, was sent to Pickard and Friedman for accounting fees for ‘the month of Novenber, 1961. NY T-1 3tated that this check was endorsed for deposit by LEONARD PICKARD, NY T-] advised that the records from which the — above information was taken are no longer available/ oR _ Information furnished by NY T<1 should not be made publics except in the usual proceedings following the idasuance of a subpoena duces teoun, L * Wi Tel cdavised that in the event that any of the information from this account is desired a subpoena should be directed to RICHARD MC CARTHY, Vice President, Manufacturers Hanover Trust Company, New York City. . ee Yanuracturers Esnover Wrst Co On__1/3/62 at 60 Broadway, NYC File # NY 100-9086 - * Te Es rar ener ce se eras < (Siemens aR etter TAD ‘by SA FRANCIS J, O'BRIEN:chj - Date dictated 1/4/62 This ducument contains neither recommendations nor conolusions of the FBI. It is the property of the FBI and is loaned to your —- gency; it and its contents are not to be distributed outaide your agency. ' to a nee a rn como oe ee nee
14-00000 ‘ my ‘ fot, PRED + 5 tance tatiana mame: Ey yy 1 bee 7 tear ree Past ene Sere | aes ee we Oo eee Oe te tones (ows Pn oad 7 = eee = . . ry : . . f . . NL os : i I 2 a NY 100-9686. . . ~ . Concerning ARCHIBALD B U, previously mentioned, . : it is to be noted that BROMSFN is ‘an Attorney_and_a partner_in i fo the law firm of Bromsen and Gamsstran, 450 Seventh Avenue, ; ; : . New York, "Nee york.” The law firm cf Bromaen and Gamnerman oo i ' Gepresentéed POBLRT CPMWOOD in corsesponding with _the United __ States Department of State and the Wuited Grate Department | ; : of Nistica relative to WOOD!'s obzection to _fllo%regletration: under the provisions _ef the Foren Agents Regissration Act & : ‘ of 1938, as amanded, wt e =~ | | fi fo. | . . / ; i i i Va r+ f . i, ee tre
14-00000 : med * Oded broad Street, New York City, FEDERAL BUREAU OF INVESTIGATION Date 1/19/62 Perle = fa’ : LECHARD PICKARD, CPA, Pickard and Frie¢ran, £5 West hond Streot, New York C ty, advised tn Jarciaryz 8, “1562, “that ho haw ‘bean thé [accountant for H.C, Wooa.. : anported Cigars Incorporated and R. Cy W,; Supervisor, . ae | Incorporated for tpproximately ono year, PICKARD etated | ; ; that he had’ proviously done accounting work for BOEESA ; . . ae ‘yf. WOOD before WOGD wont into partneruhip with AML79 _ . ° 1 /AORIEKA, “PECKARD atated that whon AURIEMA and WOCD formed 3 4 pertnership, AURKIEMA supplied the finances, ard hence, . sired his own accountant. | partion FO PXCKARD advinod that in Going the accounting f work for the two firms owned’ by ROGER? C, WOOD of £5 he hag at no time otserveg J ' any funds coming to WOOD from Havana, Cuba, eitner from ‘ the Hational Bank of Cuba or from Enpreaa Cubana Le yo Ezportaciones. a po a PICKARD advised that in the beginning of 1961, when ROBERT C. WOOD started his companius, the Cirzcing , a wag. furnished by the Commerical Trading Company of Hew i of H F wore City. PICKARD stated thet in approximately tns middle a ' : _, On_1 2/62 at__55 West 4end Street, NYC. Plle #LUA- FEE , ty__34 FRANCIS J, O'BRIEN /dbw Date dictated 1/9/62 This document contains neither recommendations nor conclusions : It is the property of the FBI and ig icaneda to a . owt ere ee te ee en poe of the FBI. your agency; it and ite contents are not to be distributed outaide your agency. a { . . : ; e NF ’ an a . NN . 2 . |
14-00000 ee eaten RT ee ate ee ea St aneeen NY 100-9086 . x ~ Of 1961, tho financing for woop began to come from Banque _Intra of Geneva, Switcerland. PICKARD advised thaf-al1-— CiniieLag for the operations of WOOD are now handled by Dangue Intra, PICKARD Curthor stated that he had never geon : any contract sinyod by ROBERT C, WOUD and the Cuban : Government. PICKARD stated that tho only information he i had relative to this matter was what WOOD had told him, 4 PICKARD stated that he, WOOD, was the sole importer ef ~ ~ aa Cuban tobacco and tobacco leaf to the United States, i / : fie? ye ; | : . ; J ? | c 4A git ed : er po _ : { = : ‘ t oem oe Seem aa” greene rene reer earners me Se ee A ea arn om ere et rem BE Apt mm eterna ee eae mentee — ee BeKwtrsemn ShRiux iSER ayy og,
j ae i re) ec PLLZAAL EUREAU OP INVESTIOATION Date 1/16/62 Wf T-2 ad@yiee4 on Januory 9, 1962, that ROBERT C, A000 of ROW &srerviser, Incervoruted, 85 Eroud Street, New fore City, continues to naintain an - Becount @& the Trade benx end Trust Company, 8 West Heth Strect, -Nea Yor. Gity. NY T-2 udvised that the activity in this -accourt reflects normal bustineas Cperatlonas and ca of dacrsery 3, 1962, the balance in a thea atecunt of RC# Sujerviser, Incorporated, waa $3,011.00, , bY T-2 advised on January 9, 1962, that he haa not seen any depesit2 in the Rew supervisor account - reflecting that money «za received from the Cuban Governzarnt. NY To e4ziced that depesits in thie account refiect that E2nque Intra, S.A, of Geneva, Switzerland is acting a8 the factoring avent for the RCH Supervieor, Incoryerated. NY T-2 advised that letters of credit are 4Beued by Panque Intra to Empresa Cubana de 2zportactores against documents for delivery. of tobacco and tobacco deaf to the United &tatos, NY T-2 advised that the records from which the above inforretion #22 taxen are no longer avallable., hg T-2 states that the foregoing information should net be made pULLic except in the usual proceedings “following the desuance of 4 eubpoena duces tecum and that . tnia aubpeena zhould te dgeued to MAXWELL HAUSER, ne President, Trade Bank en4 Trust Company, New York CLty, / / 3 Weat 42th Street . On 1/9/62 at Hew Yory City Plle ¢ NY‘100-9086 : ———— cerca by SA FRANCIS J. O'BRIZN- mee Date dictated 1/11/62 a This docurent contains Leicher recommendations nor conclusions of the PEI. It is the poaperty of the FEI aad is loaned to JOUP agency; it and ite ccrtents are not to be Latributed outside your agency, . f ; i ' {
. - , : ' v en ee Lecce tmnt carat a gat), Kemeny alle ena geen 20 os reste Sennen Sheets -—4 sertgh an ney . oman ee en Cg 22g TE 2 hecnil NY 100-9086 og Vina jew Nae eon TREN ato ee ee he. Loe ra / - co, Mrs. AMALIE HUERTA, Secr¢tary to ADOLFO AURIEMA, SR, fort Ad Auriera, Inc., €5 Broad Street, New York City, Udvised on "January 9, 1952, that Mr, Auriema, SP., was currently on &_._. a U¥: South Americen_busiresa trip, Mrs. HUERTA etated that Morida, “ho. mercantile ee me eae eset oom, . the Harcin Advertising Agency of Miami, Florida, in partial _ Payment for.money‘oved Uarria Advertising by the Cuban Government AURIEMA, OR,, testified in Dade County Court in Miond, Florida, on December 29, 1461, réletive to the hearing which was held “~ / in MlamL-concerning the acisure of a shipment of tebacce sordres waleh waco destined to ROPERT C, WOOD, ‘Mra. HUERTA utated that this shipment of Cuban tobacco way oelzcd by court order by pew of Prime Minioter CASTRO, Mrs. WIERTA advised on January 9, 1962, that ohe had a short. conversation with Mr. AURIDMA before he went to South . America, and during the converwation Me. AURIEMA stated that — it eppearcd that the Harria Advertising Agency would be succeuuful in their nelzure of the Cuban tobacco, vhich was destined for ROBERT C. WOOD. AURIEMA told Mes. HUERTA that the tobacco seizure by the Harris Advertising Agency had already been sold at auction and brought a price of $205,000.00. Mr. CHARLES ASHMANN, partner in the law firm of Guilmartin, Bartel and Ashmann, 1527 Dupont Building, Miamt, Florida, telephonically advised on January 30, 1962, that the Harris Advertiaing Avency of Miami, Florida, whom his firm fepresents,. hay been successful in the initial phase of their suit i , against the Cuban Government, as they received a favorable ruling in Dade County Court regarding the sale of tobaccos which were seized in Tampa, Florida. ASHMANN stated that the tobacco seized in Tampa, Florida, was designated to R, C, W, Supervisor, Inc., which was headed by ROBERT C, WOOD, ASHMAN stated that the proceeds of the oale of the tobacco brought a total of $20 5,000.09, which together with ather seizures made by the Harria Advertising Agency has completely satiefied the debts incurred by the Cuban Geve rmmient with the Harris Advertising Agency, ASHMANN further advised “on January 30, 1962, that ROBERT C. WOOD had brought suit in Dade County District Court to prevent Harris Advertising Agency from receiving the proceeds realized from the saleéf the seized tobacco designated to R, C, W, Supervisor;:, Ine. « & @ J fon pommer eeee eee n een . a Ob, ( . fi Mt & : : ' | i H eee ee ety | HO RETO Reet, ht ares wraptlbbbe aie e4aea le. ty. WOieceme ce. tal
14-00000 %. = : : centile eneneme ener mm cane eee niet | een nT eT . = 2 . ine eee ek een eran cen pine ete eed a aed - NY 100-9086 ASHMAN aleo stated on January 30, 1962, that he had heard that there wee another sult being brought against . RGBERT C, WooD in Hew York State Cupreane Court by the Three Stam. Trading Company. which ig represented by Attorney _ EDWARD J, EIMnlIs of teu York City.  ASHMANN atated that he did , not lmow the détails of this suit, but had been inforned that allegedly the accounts of WOOD in various Now York banks were to be garnished. ‘ASIGINM aleo stated on January 30, 1962, that the final on ‘ phase of their care concerning WoOD would be decided in Dade. . ' County District court on February 26 or February 28, 1962.°. . 4 . } t . MONROZ PERCY BLOCH, Attorney, Brush and Bloch, 27 of William Street, New York City, by levter gated January 39, - ot 1962, furnished @ thevno-fax copy of an article which appeared : in the Cuban newapeper, "El Mundo", which ia published in MLiaml, Florida. This news clipping is dated Sunday, January 14, 1962. —(; ;. and ie captioned ' 'Mincex Creates 12 New Agencies", ‘ Thin news article stated that -by resolutions paased os by the Foreign Commerce Minister, Comandante ALBERTO HORA, rs 4 twelve commercial agencies were created to handle the functions s formerly nandled by Hnpreoa Cubana d¢ Exportaciones and Empresa : do Importaciones (Cuban export agency and Cuban Linpo rt avency). i This nevis article Gtated that the Cuban export and Cuban import. agencies were abolished on December 31, 1961. / The neva article stated that cne of the twelve new agencies created by Conandante ALBERTO MORA was Cubatabaco.- This agency is to handle all operations relating to leaf tobacco and cut tobacco, cigars and cigarettes. ; The records of the: New York State Supreme Court, * County Clerks Office, 60 Centre Street, New York City, ‘peflects under index number 18825 of 1961 that the Three Stars Trading Company was represented by EDWARD gd, ENNIS, Attorney, 165 Broadway, New York City. i The records of the New York State Supreme Court and eo the papers which have been filed by EDWARD J, ENNIS reflect i that the Tnrec Stars Trading Company is located in Miami, Florida, i f « 9 = ne ee me AN eS 2s
NY 100-9086 and ia owned by BEN WILLNER of Flovida and ANGELINA ARIZAS or New York, ‘ In papers filed. with the New York State Suprens Court, the Three Stars Trading Company otated that a uricten -. contrect had been signed on June 25, 1960, with the Covernment of Cuba puaranteoliag tnat two million pounds of frocen shrinp or a minimum ol one millicn pounds of frozen ehrize would ; - be.shipped annually to the Untted States froa Camaguey, Cuba, Infupers, filed with New Yor State Supreme Court the Three. tars Trading Corporation charged that the Republic of Cuba breached its contract by felluse and refusal fo. make any shipment of shrimp incer the contract, The defsnaant, Three Stars Trading Company, > 48 -* suing ‘the Republic of Cuba for breach of contrast and.damages in the amount of $500,000.00. The ccrplaint woo filéd in New Yer Stata supreme Court on January 17, 1960. The summons wes served by publication in the "New York Law Journal" and "Morning Telegraph", STANLEY M. ZWAIK, Attorney, 165 Broadway, New York City, advised on February 5, 1962, that he 13 a partner with EDWARD J. ENNIS, who currently is out of tcwn on businesa, ZWAIK stated that they had been retained to represent the - Three Stars Trading Company in its suit égaingt the Republics of Cuba for breach of contract relative to shipment of frozen Shrimp to the Unted States. v4 ; -  ZWAIK stated they had made inquiries about money held in United States banks by the Republic of Cuba, but were unsuccessful and learned that the Republic of Cuba no longer maintains accounts in United States barko. ZWATK stated that they hava now decided to attemot to attac the monies collected ty ROBERT C, WOOD of R. C. W. Surervisor, Inc., 85 Broad Street, New york City, who is the sole importer of Cuban tobacco in ~ the United States. ZWATK stated that they are goings on the assumption that the tebasco, which WOOD ia distributing in the United States ig actually the Property of the Cuban Government as WOOD recelves a five per cent commission from the sale of all tobacco in the United States, ZWAIK advised that they believe that the money received by WOOD for ithe sale cf Cuban tobacco belongs to the Cuban Government, and they hope to have a favorable decision handed-dow in this matter by the New f “York State Suprema Court. - 10 « é TTT ree ae ae eee mem nee mE pee oe een ma ant te wo STR rns nnn cme |= enn a se fe ey Tage f p a neem 6 ; MO et meet: Teint roca Re b. he a epee tenet te : eae
. York City, and. treat his two corporations, R, C. W, Supervisor, — : a | Rome ANE tre eA pre og bens. “4 wh os ere cme cerienrins Site wee soa os. fm $0 center oct oe aes Seen orn Faas: ’ cet; a. . iter Geasat - aa 1 1 : Seager we _ NY 100-9086 ZuezT advised that pursuant to a court order of the Hemoradle SAMUEL H. KOFSTADSER, dated January 10, 1962, - ROBERT CU, OCD wau enamined by EDWARD J. ENNIS. Dusting the course of the exenination, WOOD weg represented by HENRY WINESTINE of the law firm of Rabinowitz and Boudin.” ~~~ Darirg the examination of ROBERT C, WOOD, it was ascertained that wOOD resides at 274 West 19th Street, New Inc., end R.-C. Wood Inported Cigars, Inc. are located at . - 85 Broad Street, Now York City. - Warrants of Attachment were served on WOOD'a corporations on December 29, 1961. - ; ‘ 7 Durirg the examination by Attorney ENNIS, woop stated that he gtarted in the cigar busineso in 1950 under the name of Cispert Pinar del Rlo Cigar Agency, Ine. In 1953 this corporation ‘became known ea AURIEMA-WOOD Imported Cigaru, Inc., until it was disolved on December 31, 1960. On January 1, 1941, WCOD's corporation them becane know as R. C, Wood tmported Cigars, Ine, sy . ~ ¢ Concerning the discussions with individuals in Havana, WOOD stated that he was intereeted in re-establishing the Cuban cigar market in.the United States, as no“Cubaw pot cigars had bcen imported into the United States from Cubaag i from December, 1360, to May, 1951.. ‘00D held discussions in Havana regarding this matter with HECTOR VILLALCN, an Argentinian, and with SANTIAGO RIERA, who was in charge of Consolidado del . : Tabaco Torids, During examination by ENNIS, WOOD stated that i. he did not z.ow whether or not RIERA was part of. the Cuban Government or “nether or not Contolidado was part of the ; Cuban Govesrmens. , : i On February 22, 1961, after many discussion’ in ig Havana, WOCD 34iz7ed @ contract with the Bank of Foreign ; : Commerce, ard ne stated that this contract was signed in ‘the office of SA TIAGD RIERA, and that his office was the office of Consolidado Gel Tatace Torido, which 48 located in a new a building in Fleza Civica, Havana, Cuba. WOOD stated that he "3 did not know wnether this was a government building or not. i TE ee ee te a en nee A at pte tone me wet ee ate epee cone - { i Wy Withee og
and that necessa ~ “pmpresa Cubana de Exportaciones". ' delegete powcr “tobacco factonwmein Cuba today funct! ek ease Se $0999, Bann amenne pam ee hE ar? dee oe mem ae sep enema Omgar Poo te " NY 100-9086 | _ Durirg tho examination of WOOD it was also pointed © out that in paragoash six of WOOD's contract of Feoruary 22, 1951, A.C, vood Imported Cigava, Inc. 13 called “Supervisor®, —. and % ig notea that ordera for cigars from Cuba rust be sent 7. by the Supervisor to the Bank for Exterior Commerce of Cuba, ry letters of credit would run an favor of 3 * & WOOD 2160 stated during his examination by ENNIS. - that he had been given pover of attorney to settle disputes with other Amjrican importers for bad shipments and other Legitimate elains against Cuban clgara factorics, WOOD claimed that the citar fectorishad this power in February, 1961, to of attorney to him, and.he also stated that the on a3 they did in the past nd are under a trusteeship. WOOD also Gleimed that the interventor or edzinietrator of the tobacco factorrahas the pewer of attorney for the. factories. WOOD said he did not Imow. if the interventor was a gcvernment official or not. WOOD also claimed that he did not. Imow who put the interventor in charge of the vzrious tobacco factordeswhich had been intervened by the Cuban Government. WOOD zlao stated during his examination by ENNIS that he receivei nia power. of attorney from eight of nine factorzesand that thie power of attorney was eigned by ' the interventor of the pasticular tobacco factoris.It was also noted that.in a letter dated March 27, 1961, WOOD informed Me. DONALD GREGG, President, Faber, Coe and Gregg, that he, WOOD, had been extrusted with power of attorney from : “Consolidade de 1a Industria Tabaco Habana”, ‘. WOOD also advised that he had been entrusted to pay commiesions to people in the United States for the paie of Cuban tobaccos which were cue to them prior to the intervention ef Cuban tobacco factorinmduring September, 1960. WOOD stated that this autnority was given to him orally by the various adnterventors, ar4 that payment of commissions j-to individuals in the United States was made through the law firm of Rabinowitz and Boudin. i ~ 12 = ong ees pert
.. PESTAWHOS of Enenco'S. A.e Suitcerland to hendle ¢th3 ésportation an “tobacce in Europe... _they were able to obtein = "ll the ansvers given by WOOD, and t x NY 100-9085 "Bee In comnection with the financing of WOOD's cperation, he stated curing nis exarination by ENNIS that he received financing originally from tia Commereial Trading Corporation, 140 Broacway, New Yors City, and the Royai Bank of Canada, Montrerl Braneh, Montreal, Canada, Wood stated that due to the high interest rate, he Wao forced to seek other financing and made @ trip to. Geneva, Ewitzerland, where he mot A. J. “nich 4s a corporation cet up in sale of Cuban WOOD eteted that HECDPOR VILLALON was @ - oné quarter partner in Frenco. WOOD advised that through RESTAVROS, who was acquaizted with the Binque Intra 5. A., Stnancing. WOOD claimed that they did not heve to put up any cylletesal with Baaque Intra and letters ef credit were initiated on the solvency and integrity of WOOD'sa firme and on tha gerzonal guaranteo of WOOD ard BESTAWROS, plus the guarantee of a esitract between Emenco and R. C. W. Supervicor, Inc. Wood stated that Enenco 1s now & fifty per cent partner in R. C. W. Gupervisor, Inc. Sart stated thet Mr. ENNIS was not satisfied with he examination of WOOD was terminated with the understunding that he may be re-examined at a future cate agreeadle to both parties. STANLEY M, ZWAT%-on February 5, 1962, fursished a copy of the affidavit of so. EDIARD J. ENNIS which wae filec in New York State Suprené Sourt, New York County, on January 17, 1962. The afficavit of Mr. EDWARD J, ENNIS reads ay follows: “ASUPREMR COURT OF THZ STATE OF NEW YORK ‘£ "COUNTY OF NEW YORK . wee em a a ww mene an eo mn an or a a oo aw th te mon on co om woo Ze us"QHREE STARS TRADING COMPANY = = a . : [Index No. 18825-1961 | Plaintift vB. APRIDAVIT "REPUBLIG OF CUBA 3 . Defendant 2 0 A DDD DD OO OD HO OO HH OD Sa ED OD HO mE ED UD aD FE, J 13 a “Me Niet ‘ a . /. , . . al
14-00000 . atts ‘| * . -- - ot } MME aH ewe eee oat we Aimee ata 4 fem Ei ae nA att te oe 9338 > * Gre ae " Nearer ce ee ee “NY 100-9088 "STATE OF NEW YORK ) “COUNTY OF NEW YORK ) "EDWARD J. ENNIS, being duly sworn, deposes and BayB3/: "), Zam plaintiff's Attorney in this action and make this affidavit. in support of an Application for an order directing the service of the summcns upon the defendant by publication pursuant to and in compliance with ¢,P.A. @352-a and 232-b. . ‘ "@. Nature of this action, ~ A copy of the summons here- 4n dated and isaucd November-3, 1961. and of the ccmplaint verified January 16, 1962 in a cauge of action to recover sum of money only against the defendant is annexed hereto and a “marked Exhibits A. and B. Thie 18 an action uppn & written contract between the plaintiff and the defendant to recover damages for defendant's failuro and refusal to ship to plaintiff’ at least 1,000,000 pounds of frozen shrimp annually as required by ‘the written contract. "3. Defendant foreign corporation, - Defendant 1s @ foreign state and the government thereof and as auch a foreign public corporation conatituted and existing under the laws of the Republic of Cuba. ‘The affiant haa ascertained by diligent inquiry that defendant, upon the termination of oa 14 -~
4 A ne Rm tants ee HT awez3, } . a nar peek mee Rem ee sa Rhee te acess fowes, ‘NY 100-9036 "@iplomatie reiations between of the United States on January 3 1961 and prior to the ra conmencexcut of this action, rearved its Giplomatic and consular officials and other repowsentatives from the united States and closed ites former Consulate at 625 Madison Avenue, New York, N. ¥. After eiligent effort by affiant in socking and failing to find a neprecentative of defendant to serve in New York plaintiff has Seen unable to find, and will be unable to find, any representative of the defendant in the Stata of New York upon whom the summons could be served since the commencement of this action. . "hk, Levy of warrant of attachment. 1961 the Sheriff of the City of New York levie #- On December 27, the attach- ‘ment by serving cortift ed copies of the second warrant or attachment in this action dated December 22, 1961 on R. ¢. Wood Daported Cigars, Inc. and & . & ¥, eupervisor, Inds no. at their place of iainess, & Broad On Jonuscy 4, 1962 the said two corporations by their President &. C,.Kood certified to the But Sheriff that they had 'no property’ of the éefendant. by order of this Court dated ‘Jascy 10, 1952 the said two corporations were ordered to appear to be examined by their New’ York corgor. Street, New york, N. x, - 1 - Py een gene ence ene ntainn oee ene defeangéant and the Government aah
14-00000 7 We 100-9086 t. "President under oath concerning any property of the de- fendant in their poscession or any ‘dette owed by them to tne defendant!, . “ "S. Debts of Defendant in New Yor“, - The examination ot the two corporations by R, C, Wood on January 16, -1962 Giscloses that at least oe of the tuo corporations, R. C. W. Supervisor, Inc., is the debtor of the eefendant for the _ price and procecds of Cuban cigars exported by defendant from Cuba to the United Statea for sale sere and the proceeds of which have not yet been paid to the Gefendant, On his - examination Mr. Wood produced @ copy of ‘the contract dated , ¢ - February 22, 1961, amended September 2, 1961 which vecites that the Minister.of Foreign Commerce of Géba created Empresa Cubana Exportacioncse to carry out the contract with R.C.W, Supervisor, Inc. ‘The Government of Guba, by ‘intervention! has taken over and nationalized the business of manufacture and exportation of cigars formerly conducted by private business concerns, The contract provides that R.C.W. Supervicor, Inc. is designated ‘Te Supervisor! of the Gistribution and sale of a1] brands de Havena cigars in the United States, The Supervisor will receive for its compensa- po, -~ 16 - et ATER To. tee a i i j z = & — ft Brainy Fg)
14-00000 be 160-yo86 \ "tion 5% of the invoice value ef cigars oréered directly Sy the supervisor and a 2% commission on the invotce value of cigara not ordered through The Sugervigor, The contract further provides that Tha Supervisor will open a letter et credit and: will affect payzent by draft date? 50 days. Mr. Wood testified that Bangus Intra, 3 Suites bars, provided a letter of credit under which it agrees to pay Espresa for cigare shipped 60 days efter the date of ths billie of lading. For this service R.C.W, Supervisor, Inc. gave Zangue Intra trade ecoentanse payable ‘in 55 day3 and deposited with Trade Bonk and Trust Company, 8 licat 28th Street, New York, N.Y. to be paid vihon due to Banque Intca's New Yor’ correspondont bank for Banquo Intra'a account. wr. Wood testified that on December 29, 1961 when the second warrant of attachment was served on .R,C,.W, Supervisor, Inc. and at the present time there is unpaid for cigars shipped to it from Cuba over $100,000 and that there are trade scceptances of K.C.W, ‘Supervisor, Inc. in the possession of Trade Barx and Trust Company for this unpaid amount, Ms, Wood also testified that R.C.W. Supervisor, Inc. did not pay its! trade acceptanced when due on @ shipment of cigars seized in Tamga, Florida by a i. ye * f e ae we fe : 4 iy y Led ea Ree patie Bap Re
ant ure ane Newer weskaea ue: tected ot ceoweme Og yey y teas etm ee , ane > * a) mo Peery NY 100-9086 "a creditor of the Republic of Cuba ard sold at auction an. property of the Repuviic of Cuba because in the abgence of cigaro and the proceeds therefrom 2.C,W. Supervisor, Inc. fy did not have the funds to honor these trade aczcey TEances. fork. >. "6. Levy. on d3bte and causes “of action in Kew C.P.A. 916, as emonded and. extended, expressly eubjects to attachment any debt or cause of action arircing out of cone tract dua to defendant from any person or corporation upon vhom service may be made in New York County and for which debt or cause of action thé defendant could sue in New York. The statute expressly provides that tne levy vhich has been made by the Sheriff on thio case, constitutes a sexeure of all of the rights ‘of the defendant in the debte, or causes of action due to the defendant. Adaittedly, by the teatimony of its President, R. C, Wood, R.¢.W. Supervisor, Inc. has received shipments of cigars from the defendant “tor xhich the defendant hae not yet been paid and for watch over $100,000 4e due. R.C Ww, Supervisor, Inc. cannot take the position as purchaser that it does not owe the seller for the cigars simply because 4t- has secured the payments cue by arranging - for a Sviaa Bank outside New York and not eubject to attach- ment to issue a 60 day letter of credit for the purchase — - 10 -
14-00000 vee wan ae + atte een ee NY 100-9086 “pice to the defendant in exchange for R.C.W. Supervisor, _ Phe Iucts agreenent to provade the bank with 55 day trade acceptances due five days prior to the time the bank ia re-"- quired to honor its letter of credit to the-defendant. The law of New York ie clear that the Jasuance of the ietter . of - eredit does not affect the purchaser's contractual | obligations | te pay the seller, and a contract entirely separate from the buyer's obligation: to pay the seller. The f4gsuance of such detter of credit was obviously not a payment of (the buyer's) debt to (seller) but merely ‘provided & means by which the latter could ‘obtain payment #2 4,1 Bank of 0 United States v. Seltzer 333 ALD, 225, -251 _ny.s. 63 , 644 (1st Dept); ef. ASOULY Park and Ocean Grove Bante v. Naticnal city Rank 35 N.Y.S.2da 965 (Shientag, f.). If the bank fails to honor the letter of oredit the buyer remains liable for the price of the goods received from the seller. Therefore a “debt from R.c.W,. Supervisor, Inc. to defendant in excess of $100,000 presently exists and has been attachea and seized by tne levy. If R.C.W, Supervisor, Inc. wishes to contend that Jt does not owe Cuba for the cigars because de the. outstanding. letter of credit it has its remedy by application in the action or affidavit under C,P.A, s92h for a determination that there is not debt to Cuba subject to attachment. = 1 « . cece ee er eee a tears Ne eT em nee Smet mk see ae Imm ana meen ge me t
74-90000 NY 100-9086 : | , \ “ "Under the prices with @ provision that the Supe terms of thie contract it may eventually 48 not now necessary, however, Bathey aie pot L q iit Wy ° \ 1 terms of tae aforesaid written agreement of February ze, 1961 with. Empress the governmental agency of the Republic of Guba established by the Ministry of For eign Commerce to handle Cuban exports (reported in the Official Gazette of the Republic: of Cuba, p.8894, March 3, 1961), Inc. is appointed as ‘The Supervisor! of the le. of all brands of Havana cigars in the R.c.W, Supervisor, distribution and 5a United States for fixea conmissions of 5% and 2% of invoice rvisor cannot invoice the distributors at 4 higher price than that provided in the 4nvoices from Bapresa to. R. c.W, Supervisor, Inc. Uader the be determined that. R.C.W. Supervisor, Inc. is not @ purchaser of the cigars, but merely the agent of that the funds in its hands receive the defendant Republic of Cuba so a from distributors are the property of the Republic of Cuba and not merely a debt Inc, to the Republic of Cuba. it to resolve this legal queation owed by R.C.W. Supervisor, because it isa afficient.for purposes of attachnent af thers ie a debt or cause of action due to Cuba from R.C, Ww, Super- e visor, Inc.
meee ey TEOM tee mat mate were ermine tte a d . + a j ont NY 100-9086 : "7, No prior application has been made for this relief. WHEREFORE, plaintiff prays that the order for service of the summons by publication iasue. " /3f EDWARD J. ENNIS : "Sworn to before me this a 17th day of January, 1962. 7 _ Be ae NY T-1 on February 8, 1962, advised that a review of the account maintained by. ROBERT C, wooD at the Manufacturers _ Hanover Trust Company, 60 Broadway, New York City, failed to reflect any significant information during the month of January, 1962, and the first days of February, 1962, NY =] advised that he had‘ examined deposits made to ~ this account, and the deposits fall into two categories: 1. . Money received from factors; 2, Money received from cigar distributors for deliveries of cigars by ROBERTS, WOOD. CARL GROSSMAN, Commercial Trading Corporation, 1440 Broadway, New York City, advised on February 8, 1962, that his association with R, C, W, Supervisor, Inc. and ROBERT ¢C, wooD = 8) « Cote tenses clues ae etatun - Leny . 1) a : on ae \ s . a . re ; eae"
14-00000 vires ‘tontified in Miami, Piorida, on December 29, ‘his ausociation with WOOD, ‘Harria Advartining Agency in order to sat . was owed ilarrls by the Cuban Government. absolutely pocitive of it. POUROE PERCY BLOCH, 27 William Street, New York city, 4 efia czy paar Grae), . “boas® ~~ Raleete NY 2100-9006 continucs es it haa in the pass. GROSSMANN stated that period- Leally they will edvance moncy to WOOD against goods receivable, GROSSMAN gstaced that WOOD seeks an advancement from Commercial Trading in order to meet his normal businees expenses to pay customs duties on cigars and also-to maintain his svo0cK. LEOUADD PICKARD, Certified Public Accountant, Pickard Frdcéman, 55 veut Gand Street, New York City, advised .on February 8, 1962, tnat his relationchip with Mr. ROGER? ¢. WOOD remains the same and he continucsa to do secounting. work for WOOD und Wwocu's corporations. PICKARD stated that he did nut know waet effect the recent. United States Government deciaion reparding- prohibiting the imporation.of Cuban cigars. “Will G0 to his. asacocLation with WOOD. ADOLPO -AURTEMA, SR., Ad Aurieria, Ino., 85. Broad Street, New Yori City, on’ February 8, 1962, ‘advised that he had AURIEMA advinud that.the hearing 44 Miami wag relative te the recent pelsure of tobacco by the AURIEMA advised that on February 8, 1962;ho wrote a letter to WOOD advising that WooD would have to vacate premises which he now occupies at 85 Broad Street by May 31, ° 1962. AUIEMA stated that in original lease signed with WOOD, it was agreed that.on May 31, 1962, WOOD would vacate the. premises ad there premises were rented by AURIEMA and AURTEMA needed them fer expansion of his owm business. AURTEMA stated thet his letter of February 8, 1962, was answered on February..9, 1052, and it waa etaced that-R, C. Wood Imported Cigars would: move to another location by May 31, 1962. me ; AURIEMA advised that the letter from WOOD's office dated February 9, 1962, was written by CARLOS DUNN and in the letter it waa etated that he was enswering the letter in the absence from the City of Mr. WOOD, AURIEMA advised that he believed that VOOD wea. now dn“Havana, Cuba, ‘but was not - who is representing former Cuban clgar manufacturers..in the United States District Court relative to the seeking of an cd 22 ea . 1561, relative to ~~ Sle an account which _ Peoria Purse ee
Te ate cleo ee BAge XY 100-9086 tnfietion ayainst WOOD and his firms, advised en February 8, 1962, 4 eae there Sag been no new developments 2n this matter, tut he es Federal Judge 7s te ~ . ad that he had no imowledse of thé PSésenv Whereabouts: of ner did he have any knowledge of WOOD teing in Havana, ba, at the present time. ; : . Concerning Rabinowits and Boudin, ‘mentioned ‘previously, the following is noted: . Oo "Martindale-Hubbell Law Directory", 3nd edition, - = « 181, reflects that VICIOR RABINOWITS and LEONARD B. OUDIN are. attorneys and formed the firm of Rabinowits and Boudin, 23 Broad Street, New York City. . } the. "Daily Worker" on April 6, 1956, pase 2; | < eelum i, contained an iten dated April 2, 3956 at Pittsburgh, Pesmsylvania, which reflected that VICTOR RARINOVITZ was the _acterncy who successfully carrted the case of STEVE NELSON so the Supreme Court of the United States. The article yoSiected that NELSON was convicted under the sedition law of the State of Pennsylvania and that the United States Supreme Ozart voided this.and two other convictions on March 26, 1956. ok The Commnist Party (CP), USA, has been | : Pons éesipnated by the Attorney General of the United States pursuant to Executive Order . The "Daily Worker" was an East coast Communist daily newspaper which suspended publication January 13, 1958. The December, 1958, issue of the "Natiensl Guild Cot Lawyers", tho official publication of the New Yorn Chapter : of the National Lawyers! Guild (NLG), listed the officers. and national executive board members of the NIG. VICTOR RASINOWITZ was among those listed. ‘ i - a t 5 & . ‘ -% ay Nd ‘ > 6 ' : a ee ee | 2h wo ayn Et ett o thie PAT” GIP A eek Rm
j vt i . i Pot meme cena etna Gitano semen r 1 bencint eat wee ee as bes seb F] anh ce wee wy... 8 t ee ee HY 100-9088 ; The NLG is characterized in the Appencin of thia report. . On Fetruary 13, 1959, I’ Tell advised tnsat VICTOR , PADINCWZETZ Was a member of the National Committee of tne . : Euergoncy Civil Liberties Committee (ECLC), i Tre SCLC is characterizod in the Appendix of this report, ; NY T-5 advised on June 21, 1950, that LEONARD B, POUDIN was a concealed member of the CP and actively associated with CP fronts Curing. the 1940's, _ a. fo ! i ! é ~ i « 8, t 5 7 2h : y & Lo are we eeeeeeee _- Le Looe = « i | . e e pe abe ¥ mo es ; s, ne Sa ° me ~ : , N. é
~y ° . uit i a ; 5 is . * NY 10-99 . APPENDIX PMROPNOY CIVIL LIRENTIES COMMITEE a 7 ' Tha "Guide to Subversive Organizutions ang Publications", revised and published es of Janussy 2, 1957, prapared and rejeased ty the Ccrnittee on Un-American . Activities, United States House of Représentatives, Yeshington, an ; ‘ D. C., contains the following concerning the Enexgensy Civil pee 5 Liberties Comnlttee: . : "Enargenoy Civil Libortics Conmittee "1, '%o defend the cases of Cormrnist _ ot ‘lauwbreakors, franto have been devised . | making special appeals in vehalf of ‘ . : . @dvil liberties and reaching out far . cy » beyond the confines of the Cermunist oo ; Party itself, Among theese organizations vo : are the *® # # poorgency Civil Liberties : . oa Comnittee. Whon the Corsunist Party _ wel i : itself 18 under fire thece fronts offer a ne ; bulwark of protection. (Internal Security Subcommittee of the Co > : Senate Judiciary Conmittee, Handbook ; : : ’ Ao for. Americans, 8. Doc. 117, April 2 . ~~ = . . é —_ 4 . poe, f \ . ; : Ee . z : a Peres ‘we
14-00000 NY 160-507) iat yitles, ee, ‘le "Ze + Ete weemnin Mae, House Repo Vibes rare wt. Re thee ALacives, Cie oe « orare, fulloving conceral Due rey ftas Guild syns t wae ge Natdionc2 4 Cites as a fertcundet front. (Special Corie ee on UneAmerica Activities, meport LELA on "he c1o Folia ior Coumittec, — mt, Fasech : tesssunies: frons which ‘is. ; the fosemost Lesel buivare or tho - . Cummonist Perty, its front ors. 21d BAT LONS » oe and coutrolies witorse?! and wich taince . ; 4to inception never falled to rally |. 4 to the legal of the Communiot oo Party ane whet 1 herbers thercol, jneLuding Keen: gpLonage agents.' ; : (committee on Unesnerican Activ’ ties, rataanal ‘ : 5}, LO, : ; ember ly, 1950. ) a Cited asa Lewyers Guile, £49 ords inally PESEane ‘To ‘defend the cages of Commnmnist lavpreakers, fronts have been cuvised makING special tposiis in behalf of civia Litiwtics ana sceching out rar beyond the confines of tie Coominist Party stoelt. Among these eryentzstionas are the ¥* * # oo 1K ational Lowers! Gulld, When the : : Communist Party itcelf ia uncer fire . these offer ts uly wrk of protection.! . ot (Internal Security Subcommittee of the Zenate Judtetery ComgsLttee , Hondbook for Americans, ve Dace 117, april 23, 1956, PB. Sie)” ra . e et
14-00000 i i if 4 ° . : ‘ Pee -e- - \ Pee ne ii ‘ Poe ? a on & a ¢ eet rel va AEF UNITED STATES DEPARTMENT OF JUSTICE PALER AL BUREAU OF BNVESTIGATION * for Beriey Pons. ow Jn Beco, Ploase Kafer New York, New York 7 Feoruaryo, , 1962 a Fes Fubert C. VvWood wecuraty Mutter = 6; istemal Security - Cuba; regestration Act = Cuba a ; Reference £5 made to the report of Epecial Agent . . Francis J. O'Rsler, dates and captsoned as above at New. York. . All eourse2 (except any listed below) used in referenced ~ communication have furm shed. reliable information ait the: past. NY T-1 ar4 SY 7-2 are informants who are tn a position to furnieh rziteble information, and NY 7-3 1s. an informant with whos contect nas ocen insuffielent to determine his reliability. . i : Tnia docusent contains neither ! : reegere:cations nor conclusions ; : of the F721, It is the property . . of tne Fer and 18 lea:ed to your : averey; it and ite csatenta are § not. to ze distributed. outside i your ezency. : /pu-fas~ 3 A Sabo , ¥ 5 \ ° e “ae OE