CUBANET... DOCUMENTS

July 13, 1999



Text of the lawsuit against foreing companies in Cuba



IN THE COURT OF THE
ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY,
STATE OF FLORIDA
GENERAL JURISDICTION DIVISION

CASE NO: 99 15148 CA 04

CUBAN COMMITTEE FOR HUMAN CLASS REPRESENTATION RIGHTS, INC.,
a Florida non-profit corporation, a/k/a
COMITE CUBANO PRO-DERECHOS HUMANOS; and
FEDERACION SINDICAL DE PLANTAS ELECTRICAS, GAS Y AGUA,
a Cuban labor federation;

Plaintiffs,

vs.

SOL MELIA, S.A.,
a Spanish corporation;
MELIA INVERSIONES
AMERICANAS, N.V.,
a Netherlands corporation;
THE SOL GROUP CORP.,
a Delaware corporation;
SOL HOLDINGS CORP.,
a Florida Corporation;
SOL HOTEL MANAGEMENT COMPANY,
a Florida corporation;
SOL HOTEL ADMINISTRATION, INC.,
a Florida corporation;
LATIN AMERICAN LOGISTICS
CORPORATION,
a Florida corporation;
FANTASTICO TOURS,
a Florida business organization;
SHERRIT INTERNATIONAL CORPORATION,
a Canadian corporation;
LEISURE CANADA, INC.,
a Canadian corporation;
MERIDIEN GESTION, S.A.,
d/b/a LE MERIDIEN HOTELS & RESORTS,
a French corporation;
AMERICAN EXPRESS TRAVEL RELATED
SERVICES, INC., a New York corporation;
MERCEDES BENZ, A.G.,
a German corporation;
MITSUBISHI CORPORATION,
a Japanese corporation;
AIRBUS INDUSTRIE, S.A.,
a French corporation;
AEROFLOT RUSSIAN INTERNATIONAL AIRLINE,
a Russian corporation;
LTU INTERNATIONAL AIRWAYS, INC.,
a German corporation;
AIR FRANCE,
a French corporation;
BRITISH AIRWAYS PLC CORP.
a New York corporation;
IBERIA LINEAS AEREAS DE ESPANA, S.A.
a Spanish corporation;
AIR EUROPA,
a Spanish corporation;
AIR JAMAICA,
a Jamaican corporation,
CUBANA DE AVIACION, S.A.;
a Cuban corporation,
MEXICANA DE AVIACION, S.A.,
a Mexican corporation;
LACSA INTERNATIONAL, INC.
a Costa Rican corporation;
COPA AIRLINES, INC.
a Panamanian corporation;
AEROLINEAS ARGENTINAS, S.A.
an Argentinian corporation;
LAN CHILE AIRLINES,
a Chilean corporation;
ESICUBA, S.A.,
a Cuban corporation;
ACOREC, S.A.,
a Cuban corporation;
CUBANACAN, S.A.,
a Cuban corporation;
GRUPO GAVIOTA, S.A.,
a Cuban corporation;
HABANAGUEX, S.A.,
a Cuban corporation,
HAVANA ASSET MANAGEMENT LIMITED,
a Cuban corporation;
BETA GRAN CARIBE LIMITED,
a Cuban corporation;
CORPORACION CIMEX, S.A.,
a Cuban corporation;
HAVANATUR, S.A.,
a Cuban corporation;
FINCIMEX, S.A.,
a Cuban corporation;
REAL INMOBILARIA S.A.,
a Cuban corporation;
INMOCUBA, S.A.,
a Cuban corporation;
CUBATURS, S.A.,
a Cuban corporation,
RUMBOS, S.A.,
a Cuban corporation;
CUBA AMOR, INC.,
a Florida corporation; and
ABC CHARTERS, INC.,
a Florida corporation,

Defendants.

_______________________________/

AMENDED COMPLAINT

      • NATURE OF ACTION

      Plaintiff, CUBAN COMMITEE FOR HUMAN RIGHTS, INC., also known as COMITE CUBANO PRO-DERECHOS HUMANOS ("CCPDH" herein), on behalf of itself, its injured members and Cuban nationals residing in Cuba, brings this class action for injunctive relief against the discriminatory and wrongful acts and conduct by the Defendants named and to be named herein, including their various subsidiaries, sister, parent and grandparent corporations, partners, limited partners, joint venturers, all sued herein as DOES 1 through 500, inclusive. Said Defendants, in collusion with the government of the Republica de Cuba, deny Cuban nationals access to places of public accommodation such as health care centers, stores, hotels, beaches and restaurants, otherwise reserved for the exclusive use of foreign nationals and tourists.

      2. Plaintiff, FEDERACION SINDICAL DE PLANTAS ELECTRICAS, GAS Y AGUA ("FSPEGA"), on behalf of itself, its injured members, affiliate organizations and their members and on behalf of Cuban nationals who were, currently are or in the future will be employed by foreign companies doing business in Cuba bring this class action for injunctive relief and for special and compensatory damages against the discriminatory and wrongful acts and conduct by the Defendants named and to be named herein, including their various subsidiaries, sister, parent and grandparent corporations, partners, limited partners, joint venturers, all sued herein as DOES 1 through 500, inclusive. Said Defendants, in collusion with the government of the Republica de Cuba engage in the indirect contracting of the labor services of Cuban nationals, a system whereby the foreign investors pay ACOREC, S.A. approximately $450.00US per month for the services of each such worker who in turn is paid by ACOREC, S.A. the equivalent in Cuban pesos of $5.00US.

      1. The first and second causes of action alleged by CCPDH in this Amended Complaint arises from the conduct of certain of the Defendants, and each of them, jointly and severally, who assist, promote, aid, abet and conspire to promote a tourist industry within Cuba that discriminates against Cuban nationals who, on the basis of their Cuban national origin, are denied access to places of public accommodation such as health care centers, stores, hotels, beaches and restaurants which are otherwise reserved for the exclusive use and enjoyment of foreign nationals and tourists. This type of discrimination violates the Cuban Socialist Constitution of 1976, the International Declaration of Human Rights, the United Nations' Convention on Economic, Social and Cultural Rights of 1966 and the Florida Racketeering Influence and Corrupt Organizations Act("RICO" herein).
      2. The third, fourth, fifth and sixth causes of action alleged by FSPEGA in this Amended Complaint arise from the practice of certain of the Defendants, and each of them, jointly and severally, of engaging in the indirect contracting of labor services. Those Defendants have and continue to assist, promote, aid, abet and conspire to maintain a system of indirect labor contracting which violates the Cuban Socialist Constitution of 1976, the Cuban Labor Code, the International Declaration of Human Rights, the United Nations' Convention on Economic, Social and Cultural Rights of 1966, numerous conventions of the International Labor Organization, other internationally recognized principles of justice and the Florida Racketeering Influenced and Corrupt Organizations Act("RICO" herein). Those Defendants engage in the indirect contracting of the labor services of Cuban nationals as alleged throughout this Amended Complaint.

      5. Subject matter jurisdiction of the Circuit Court of the State of Florida is predicated upon Florida Statutes 90.202 and the case law that evolved from former Florida Statute 92.031, otherwise known as the Uniform Judicial Notice of Foreign Law Act. Pursuant to Florida Statute 90.203 the Plaintiffs hereby give notice and request the Court to take judicial notice under Florida Statute 90.202 of the Cuban Socialist Constitution of 1976, the Cuban Labor Code, the International Declaration of Human Rights, the United Nations' Convention on Economic, Social and Cultural Rights of 1966, numerous conventions of the International Labor Organization and other internationally recognized principles of justice and human rights all of which are alleged herein.

      1. Pursuant to Florida Statute 90.203 the Plaintiffs hereby give notice and request the Court to take judicial notice under Florida Statute 90.202(1) of Florida Statute 215.471 in effect as of July 1, 1993 which commands the State Board of Administration to divest any investment in any institution or company domiciled in the United States or a foreign subsidiary of a company domiciled in the United States doing business in or with Cuba in violation of federal law, namely the Cuban Democracy Act of 1992. In enacting Florida Statute 215.471, the Florida legislature enunciated that the public policy of the State of Florida was to administer and apply its laws in a spirit consistent with the objectives of the Cuban Democracy Act of 1992. This policy is reaffirmed by the Preamble (Laws 1993, c.93-218) stating:

      WHEREAS, the government of Fidel Castro
      has constantly demonstrated consistent disregard for internationally accepted

      standards of human rights and for democratic values, and

      WHEREAS, the Cuban people have demonstrated their desire for freedom and democracy and their opposition to the Castro government by risking their lives by organizing demonstrations and voicing opposition to the Castro regime, and by bravely undertaking the hazardous and perilous 90-mile journey of freedom to our state, and

      WHEREAS, the Castro regime has been involved in narcotics trafficking to Florida shores, which has cost the state and local governments millions of dollars for treating addicted youths and adults, and protecting citizens from increased crime resulting from drug trafficking, drug use, or related activities, and

      WHEREAS, Florida fully supports the Cuban Democracy Act of 1992 enacted by the Congress of the United States and the trade embargo imposed by the government of the United States against the Cuban government and recognizes that these actions are necessary to bring about an end to the current dictatorial regime in Cuba, and

      WHEREAS, Florida will be one of the states most benefited by the restoration of democracy in Cuba and the lifting of the international trade embargo against Cuba because of its geographical proximity to the island and its cultural links through the Cuban exile community in South Florida, NOW, THEREFORE.

      • Pursuant to Florida Statute 90.203 the Plaintiffs hereby give notice and request the Court to take judicial notice under Florida Statute 90.202(11) of the following geographical and historical facts:
        1. At least 800,000 South Florida residents are Cuban nationals or of Cuban origin making the Miami area, in effect, Cuba's second largest city;
        2. Said residents annually send to Cuba at least $800 million dollars to support their families in Cuba and, but for the Castro regime, the greater portion of those dollars would remain in Florida to further its own economic well being;
        3. That Havana is closer to Miami than Miami is to Tallahassee and that Tallahassee is closer to Miami and Havana than to Washington, D.C.; and
        4. That the world community was so repulsed by South Africa's system of apartheid, which violated internationally recognized principles of justice and human rights, that it declared a trade embargo against South Africa, even to the extent of prohibiting South African athletes from competing in the International Olympic Games and by most countries passing laws sanctioning its companies for engaging in business in South Africa so long as the system of apartheid remained in place.

        8. Personal jurisdiction over the named Defendants is predicated on the basis that they are conducting substantial business in Florida, that they are the alter ego or instrumentalities of their parent companies conducting business in Cuba and that those parent companies conduct business in Cuba through their alter egos or instrumentalities in Cuba, and/or that these corporations have conspired to initiate, join, promote, aid, abet and further the purposes of a civil conspiracy to engage in the wrongful acts and conduct alleged herein.

            • PARTIES

            9. Plaintiff CUBAN COMMITTEE for HUMAN RIGHTS, INC. is a Florida non-profit corporation also known as COMITE CUBANO PRO-DERECHOS HUMANOS ("CCPDH") since 1976 when it was founded in Cuba by Ricardo Bofill, a dissident university professor who was purged in 1968 and sent to prison for political reasons on various occasions totaling 15 years through 1988. Bofill is credited with creating the modern human rights movement in Cuba pressing for a peaceful transition to democracy. The CCPDH maintains its main offices in Havana, Cuba, where it is presided by Gustavo Arcos Bergnes who is one of the few surviving members of the expedition that in 1956 invaded Cuba with Fidel Castro for the purpose of fomenting the eventually successful revolution that toppled the regime of Fulgencio Batista. The CCPDH also maintain an office in Miami, Florida which is presided by Ricardo Bofill. The primary purpose for the existence of the CCPDH is to promote and protect, particularly in Cuba, the principles enunciated in the United Nations Declaration of Human Rights.

            1. FEDERACION SINDICAL DE PLANTAS ELECTRICAS, GAS Y AGUA DE CUBA ("FSPEGA") is a labor federation which existed under the laws of the Republica de Cuba through 1959 and which re-registered as a labor federation in Cuba in 1991 and continues to maintain its main offices in Havana, Cuba, and elsewhere throughout Cuba. FSPEGA also maintains and office in Miami, Florida, (where it exists as a non-profit corporation). FSPEGA is an association of labor activists and labor organizations seeking to improve the working conditions and terms of employment of Cuban workers, pursuant to Cuban law and internationally recognized principles of labor law embodied in treaties, conventions and declarations ratified by the Cuban government. Most of its members have suffered long prison terms for their political beliefs and activities on behalf of Cuban workers. FSPEGA is presided in Miami by Rene L. Diaz and Calixto Campos.
            1. Defendant SOL MELIA, S.A. ("MELIA" herein) is a corporation existing by virtue of the laws of Spain and conducting substantial business in the State of Florida where it and its wholly owned subsidiaries maintain offices at 1000 Brickell Avenue, Fifth Floor, in Miami.

            12. MELIA INVERSIONES AMERICANAS, N.V., ("MIA" herein) is a corporation existing by virtue of the laws of The Netherlands, is a wholly owned subsidiary of MELIA and is transacting substantial business in the State of Florida wherein it maintains offices at 1000 Brickell Avenue, Fifth Floor in Miami.

            13. THE SOL GROUP CORP. ("SOL GROUP" herein) is a Delaware corporation, is a wholly owned subsidiary of MELIA and is transacting substantial business in the State of Florida wherein it maintains offices at 1000 Brickell Avenue, Fifth Floor in Miami.

            1. THE SOL HOLDINGS CORP. ("SOL HOLDINGS" herein) is a Florida corporation, is a wholly owned subsidiary of MELIA and is transacting substantial business in the State of Florida wherein it maintains offices at 1000 Brickell Avenue, Fifth Floor in Miami.
            2. SOL HOTEL MANAGEMEMT COMPANY ("SOL MANAGEMENT" herein) is a Florida corporation, is a wholly owned subsidiary of MELIA and is transacting substantial business in the State of Florida wherein it maintains offices at 1000 Brickell Avenue, Fifth Floor in Miami.
            3. SOL HOTEL ADMINISTRATION, INC. ("SOL ADMINISTRATION" herein) is a Florida corporation, is a wholly owned subsidiary of MELIA
            4. and is transacting substantial business in the State of Florida wherein it maintains offices at 1000 Brickel Avenue, Fifth Floor in Miami.
            5. LATIN AMERICAN LOGISTICS CORPORATION ("LATIN LOGISTICS" herein) is a Florida corporation, is a wholly owned subsidiary of MIA and is transacting substantial business in the State of Florida wherein it maintains offices at 1000 Brickel Avenue, Fifth Floor in Miami.
            6. FANTASTICO TOURS in a business organization operating in Florida and books reservations in Florida on behalf of SOL MELIA's hotels in Cuba by accepting phone or fax reservations by calling 1-941-793-5204 or by e-mail at "reservations@tciway.tc."
            7. MELIA, MIA, SOL GROUP, SOL HOLDINGS, SOL MANAGEMENT, SOL ADMINISTRATION, LATIN LOGISTICS AND FANTASTICO TOURS provide each other the corporate, legal, financial, marketing, information systems, logistical and operational support to conduct the business of tourism marketing and hotel ownership and management in the Western Hemisphere, including Cuba.
            8. MIA, SOL GROUP, SOL HOLDINGS, SOL MANAGEMENT, SOL ADMINISTRATION, LATIN LOGISTICS and FANTASTICO TOURS are the agents, apparent agents, instrumentalities and alter egos of MELIA and are collectively known as the "Americas Division Headquarters" which includes its operations in Cuba even though nominally there has been a "Cuba Division" since 1997 only for the purpose of evading the requirements of the federal Cuban Democracy Act of 1992 and the Helms-Burton Act of 1996.
            9. MELIA, MIA, SOL GROUP, SOL HOLDINGS, SOL MANAGEMENT SOL ADMINISTRATION and LATIN LOGISTICS, individually and jointly own, operate and manage twelve(12) hotels in Cuba in various forms of partnerships, corporations and joint ventures with the government of the Republica de Cuba or with corporations existing under Cuban law.

            22. Defendant SHERRIT INTERNATIONAL CORPORATION. ("SHERRIT" herein), is a corporation existing by virtue of the laws of Canada and a partner of or joint venturer with MELIA in various tourist enterprises in Cuba, either directly with SHERRIT or with wholly owned subsidiaries of SHERRIT in various forms of partnerships, corporations and joint ventures with the government of the Republica de Cuba or with corporations existing under Cuban law.

            1. Republica de Cuba, not a defendant herein, is a foreign state that through totalitarian institutions controlled by the Communist Party of Cuba and, in particular, by its boss Fidel Castro, have established business organizations, most of which are nominally owned by individuals loyal to Castro and the Cuban Communist Party, and through which the Cuban government is engaged in business with foreign companies in Cuba and in the State of Florida.

            24. Defendant LEISURE CANADA, INC. ("LEISURE" herein), is a corporation existing by virtue of the laws of Canada and is a partner with GESTION MERIDIEN, S.A. d/b/a LE MERIDIEN HOTELS & RESORTS in a joint venture with Cuban corporations to invest $400 million dollars to develop a tourist resort in Cuba. The resort will be constructed by Cuban laborers indirectly contracted as alleged herein and once completed, Cuban nationals will not have access to enjoy and use its facilities except as indirectly contracted employees.

            25. Defendant MERIDIEN GESTION, S.A., LE MERIDIEN HOTELS & RESORTS ("MERIDIEN" herein), is a corporation existing by virtue of the laws of France. MERIDIEN is engaged in substantial business in the State of Florida by promoting its hotels and resorts through 1-800-311-4393, a telephone number available throughout Florida, and by direct mail advertising to all Florida residents that participate in American Airlines' "AAdvantage Program" for its so called frequent flyers.

            26. Defendant AMERICAN EXPRESS RELATED TRAVEL SERVICES, INC. ("AMERICAN EXPRESS" herein) is a corporation existing under the laws of the State of New York and is conducting substantial business in the State of Florida. AMERICAN EXPRESS provides credit card and other financial services to the various foreign corporations and Cuban corporations named in this Amended Complaint. Those services are indispensable to the function of the Cuban tourist industry. AMERICAN EXPRESS and FINCIMEX, S.A., a wholly owned subsidiary of CORPORACION CIMEX, S.A. are in a partnership or joint venture agreement to provide those credit card and related financial services in Cuba. As such, AMERICAN EXPRESS is the agent or apparent agent of CORPORACION CIMEX, S.A. and FINCIMEX, S.A. which together with the other Cuban corporations named herein have conspired to establish, promote and maintain a system of tourism apartheid.

            1. MERCEDES BENZ, A. G. ("BENZ" herein) is a corporation existing under the laws of Germany and is conducting substantial business in the State of Florida directly and through partially or wholly owned subsidiaries. BENZ, directly or through wholly owned subsidiaries in Cuba that act as its alter ego or instrumentality is conducting business in Cuba. BENZ and/or its Cuban subsidiaries, in partnership, joint venture or other formal agreements with the government of the Republica de Cuba and/or corporations existing under the laws of the Republica de Cuba are engaged in a variety of commercial enterprises that directly support Cuba's tourist industry by providing indispensable goods and services without which the Cuban tourist industry could not function and by establishing a bus assembly plant in Santa Clara, Cuba, with a capacity to assemble 300 buses each year.
            2. MITSUBISHI CORPORATION ("MITSUBISHI" herein) is a corporation existing under the laws of Japan and is conducting substantial business in the State of Florida directly and through partially or wholly owned subsidiaries. MITSUBISHI, directly or through wholly owned subsidiaries in Cuba that act as its alter ego or instrumentality is conducting business in Cuba. MITSUBISHI and/or its Cuban subsidiaries, in partnership, joint venture or other formal agreements with the government of the Republica de Cuba and/or corporations existing under the laws of the Republica de Cuba are engaged in a variety of commercial enterprises that directly support Cuba's tourist industry by providing indispensable goods and services without which the Cuban tourist industry could not function.
            3. AIRBUS INDUSTRIE, S.A. ("AIRBUS" herein) is a corporation existing under the laws of France and is conducting substantial business in the State of Florida directly and through partially or wholly owned subsidiaries. AIRBUS, directly or through wholly owned subsidiaries in Cuba that act as its alter ego or instrumentality is conducting business in Cuba. AIRBUS and/or its Cuban subsidiaries, in partnership, joint venture or other formal agreements with the government of the Republica de Cuba and/or corporations existing under the laws of the Republica de Cuba are engaged in a variety of commercial enterprises that directly support Cuba's tourist industry by providing indispensable goods and services without which the Cuban tourist industry could not function. In particular, AIRBUS leases passenger aircraft to CUBANA DE AVIACION, S.A. to replace the aging Soviet era built fleet. CUBANA DE AVIACION , S.A. transported 800,000 of the estimated 1,800,000 tourists who visited Cuba during 1998.
            4. ACOREC, S.A., ESICUBA, S.A. CUBANACAN, S.A., GRUPO GAVIOTA, S.A., HABANAGUEX, S.A., HAVANA ASSET MANAGEMENT LIMITED, BETA GRAN CARIBE LIMITED, CORPORACION CIMEX, S.A., HAVANATUR, S.A., FINCIMEX, S.A., REAL INMOBILARIA S.A., INMOCUBA, S.A., CUBATURS, S.A., and CUBANA DE AVIACION, S.A. and RUMBOS, S.A. are corporations existing under the laws of Republica de Cuba but which are nominally owned by individuals who are subject to the personal control of Fidel Castro who is the boss of the Cuban Communist Party and the government of the Republica de Cuba. Each of these Cuban corporations participates in the indirect contracting of labor and discrimination in public places as alleged herein. These Cuban corporations are the agents and apparent agents of each other and of the other named foreign corporations as alleged herein, they are the instrumentalities of each other and/or the alter ego of each other and they, jointly and severally, are engaged in various forms of business enterprises including, but not limited to partnerships and joint ventures, with the various foreign corporations doing business in Cuba.

            31. FINCIMEX, S.A., a wholly owned subsidiary of CORPORACION CIMEX, S.A. is in a partnership agreement and/or joint venture agreement with Western Union to provide money wire transfer services from Florida to Cuba. As such, Western Union is the agent or apparent agent of FINCIMEX, S.A. in Florida. As such, FINCIMEX, S.A. and CORPORACION CIMEX, S.A. are doing substantial business in Miami-Dade County, State of Florida.

            32. The commercial airline carriers named herein in paragraphs 34 through 47, inclusive, are in partnership or joint venture agreement with the Cuban corporations named herein and with the other foreign corporations named herein that own, manage and operate hotels and resorts in Cuba for the purpose of flying individual tourists and tourist packages to hotels, beaches and restaurants in Cuba with knowledge that Cuban nationals are systematically excluded from having access to those tourist facilities.

            33. CUBA AMOR, INC. is a Florida corporation doing business in Miami-Dade County, State of Florida and is an agent, instrumentality and/or the alter ego of RUMBOS, S.A. which is nominally owned or controlled by Maria Elena Garcia, wife of the recently deposed Cuban Foreign Minister Roberto Robaina. RUMBOS, S.A. is the agent, instrumentality and/or alter ego of the Republica de Cuba. CUBA AMOR, INC. is engaged in the business of promoting and attracting sexual tourism to Cuba from its home office in Miami-Dade County, Florida. Such sexual tourism includes adult prostitution and the commercial sexual exploitation of children. As such, RUMBOS, S.A. is doing substantial business in Miami-Dade County, State of Florida.

            34. Defendant AEROFLOT RUSSIAN INTERNATIONAL AIRLINE("AEROFLOT" herein), is a corporation existing by virtue of the laws of Russia and is doing business in the State of Florida where it makes regularly scheduled passenger and cargo flights to Miami and is also engaged in the business of carrying tourists to Cuba.

            35. Defendant LTU INTERNATIONAL AIRWAYS, INC. ("LTU" herein is a corporation existing under the laws of Germany and doing business in the State of Florida where it makes regularly scheduled passenger and cargo flights to Miami and is also engaged in the business of carrying tourists to Cuba.

            36. Defendant AIR FRANCE ("AIR FRANCE" herein), is a corporation existing by virtue of the laws of France and is doing business in the State of Florida where it makes regularly scheduled passenger and cargo flights to Miami and is also engaged in the business of carrying tourists to Cuba.

            37. Defendant BRITISH AIRWAYS PLC CORP. ("BRITISH" herein), is a corporation existing by virtue of the laws of Great Britain and is doing business in the State of Florida where it makes regularly scheduled passenger and cargo flights to Miami and is also engaged in the business of carrying tourists to Cuba.

            38. Defendant IBERIA AEROLINEAS DE ESPANA, S.A.("IBERIA" herein), is a corporation existing by virtue of the laws of Spain and is doing business in the State of Florida where it makes regularly scheduled passenger and cargo flights to Miami and is also engaged in the business of carrying tourists to Cuba.

            39. Defendant AIR EUROPA ("AIR EUROPA" herein), is a corporation existing by virtue of the laws of Spain and is doing business in the State of Florida where it makes regularly scheduled passenger and cargo flights to Miami and is also engaged in the business of carrying tourists to Cuba.

            40. Defendant AIR JAMAICA ("JAMAICA " herein), is a corporation existing by virtue of the laws of JAMAICA and is doing business in the State of Florida where it makes regularly scheduled passenger and cargo flights to Miami and is also engaged in the business of carrying tourists to Cuba.

            41. Defendant CUBANA DE AVIACION, S.A. ("CUBANA" herein), is a corporation existing by virtue of the laws of Cuba and engaged in the business of carrying tourists to Cuba. CUBANA transports tourists to Cuba, partly for the purpose of engaging in sexual tourism and the commercial sexual exploitation of children.

            42. Defendant MEXICANA DE AVIACION, S.A. ("MEXICANA" herein), is a corporation existing by virtue of the laws of Mexico and is doing business in the State of Florida where it makes regularly scheduled passenger and cargo flights to Miami and is also engaged in the business of carrying tourists to Cuba.

            43. Defendant LACSA AIRLINES ("LACSA" herein), is a corporation existing by virtue of the laws of Costa Rica and is doing business in the State of Florida where it makes regularly scheduled passenger and cargo flights to Miami and is also engaged in the business of carrying tourists to Cuba.

            44. Defendant COPA AIRLINES, INC. ("COPA" herein), is a corporation existing by virtue of the laws of Panama and is doing business in the State of Florida where it makes regularly scheduled passenger and cargo flights to Miami and is also engaged in the business of carrying tourists to Cuba.

            45. Defendant LAN CHILE AIRLINES ("LANCHILE" herein), is a corporation existing by virtue of the laws of Chile and is doing business in the State of Florida where it makes regularly scheduled passenger and cargo flights to Miami and is also engaged in the business of carrying tourists to Cuba.

            46. Defendant AEROLINEAS ARGENTINAS, S.A. ("AEROLINEAS ARGENTINAS" herein) is a corporation existing by virtue of the laws of Argentina and is doing business in the State of Florida where it makes regularly scheduled passenger and cargo flights to Miami and is also engaged in the business of carrying tourists to Cuba.

            47. Defendant ABC CHARTERS, INC. ("ABC " herein), is a corporation existing by virtue of the laws of the State of Florida and is doing business in the State of Florida and is engaged in the business of carrying tourists to Cuba.

            III. RELATIONSHIP AMONG DEFENDANTS

            48. All defendants named, and to be named in this action, at all relevant times and where specifically alleged herein, were the agents or apparent agents of each other, the instruments of each other, the alter ego of each other, the partner of each other, in joint venture with each other and the expressed or implied co-participants in a civil conspiracy to engage in the acts and conduct as alleged herein and each of them took at least one act in furtherance of the objectives of the conspiracy.

            49. All the acts and conduct of the defendants named and to be named in this lawsuit, at all relevant time where specifically alleged herein, by virtue of the principles of agency, apparent agency, instrumentality, alter ego, partnership, joint venture and civil conspiracy, are the acts and conduct of each of the named and to be named defendants, subjecting each defendant liable for all the damages alleged herein as to each class representative and the members of the represented classes.

            50. By engaging in the acts and conduct alleged herein, at all relevant time and where specifically alleged herein, each defendant named and to be named in this lawsuit has authorized and ratified all the prior, current and future wrongful acts and conduct of their co-defendants named and to be named in this action when their true and correct names and their legal capacities are ascertained.

            1. LATIN LOGISTICS, MIA, SOL GROUP, SOL HOLDINGS, SOL MANAGEMENT and SOL ADMINISTRATION are wholly owned agents, apparent agents, wholly owned subsidiaries, alter egos and instruments of MELIA. As such, MELIA over said defendants exerts complete control over their finances, business policy, marketing policy and other business practices. MELIA uses that control to commit the wrongful acts which proximately caused the injuries to the plaintiffs as alleged herein. MELIA and SHERRIT are in joint enterprise or partnership agreements with the Cuban corporations named in paragraphs 30 and 33 and the other defendants named in paragraphs 34 through 47, inclusive, herein and, in particular, conspired with ACOREC to commit the wrongful acts which proximately caused the injuries to the plaintiffs as alleged herein.
            2. The alter ego and instrumentality among the various defendants wherever such relationship(s) is/are alleged in this Amended Complaint is evidenced by the following:
              1. the parent corporation owns all or a majority of the stock in the subsidiary corporation or entity;
              2. the parent and its subsidiaries have common officers and directors;
              3. the parent has financed the initial capitalization and continuing financial needs of the subsidiaries;
              4. the parent subscribed the initial issuance of stock of the subsidiary;
              5. the parent caused the incorporation of the subsidiary;
              6. the subsidiaries have grossly inadequate capital;
              7. the net earnings of each subsidiary are transferred to its parent;
              8. the parent is committed to paying pays the salaries and losses of the subsidiaries;
              9. the parent provides substantial and significant services, such as marketing and information systems, to support their on going operations;
              10. the subsidiaries had no initial assets except as provided or made available by their parent;
              11. the parent refers to the subsidiaries as a "department" or "division";
              12. the directors and officers of the subsidiaries do not take independent action, but rather take direction from the parent or from the parent through other subsidiaries;
              13. formal regal requirements of the subsidiary as a separate and independent entity are not observed;
              14. the parent's financial statements and other financial reports and documents integrate the profits and losses of all the subsidiaries and treats them as the financial status of the parent itself; there is a common marketing and logo scheme among the subsidiaries and parent; and
              15. the parent initiated negotiations and finalized the agreements, on behalf of its subsidiaries, with the Cuban government to establish and define the terms under which the parent, through its subsidiaries, would conduct their business in Cuba, and in particular, that the Cuban government would provide the land and laborers necessary to conduct the business activities as alleged herein; and
              16. the parent provides the subsidiaries with the financial, legal and other support for constructing, operating, managing and staffing hotels, beaches, restaurants and other tourist and non-tourist related business activities in Cuba.
              1. SHERRIT, directly or indirectly through its partially or wholly owned subsidiaries in Cuba, which are its instrumentalities and/or alter egos, exerts complete control over those subsidiaries' finances, business policy, marketing policy and other business practices in Cuba. SHERRIT uses that control to commit the wrongful acts which proximately caused the injuries to the plaintiffs as alleged herein.

              54. MELIA and SHERRIT entered a joint venture or partnership agreement directly with each other or through their subsidiaries as their respective instrumentalities and alter egos, whereby SHERRIT and its subsidiaries would construct 6 hotels in Cuba at a cost of US$212 million dollars and MELIA, and its subsidiaries, would manage and administer the operations of those hotels. To carry out these construction projects and operate the hotels after construction is completed, MELIA and SHERRIT, and their respective subsidiaries in Cuba, have and will engage in the indirect employment of Cuba nationals through ACOREC as alleged herein. The Cuban corporations named in paragraph 30 and 33 are partners or joint venturers in these projects.

              55. LEISURE AND MERIDIEN, through their respective subsidiaries, agents, instrumentalities and alter egos, and in joint enterprise or partnership agreements with each other and with the Cuban corporations named in paragraphs 30 and 33 and with the other corporations named in paragraphs 34 through 47, inclusive, acted with knowledge that they were aiding, abetting, assisting and furthering a conspiracy to discriminate against Cuban nationals by denying them access to places of public accommodation within Cuba and conspired with ACOREC to commit the wrongful acts which proximately caused the injuries to the plaintiffs as alleged herein.

              56. LEISURE and MERIDIEN, through their various subsidiaries, agents, instrumentalities, and alter egos, entered joint venture or partnership agreements whereby LEISURE and MERIDIEN with Cuban corporations, including ACOREC, will construct a tourist resort in Cuba at a cost of US$400 million dollars and LEISURE and MERIDIEN will manage and administer operations of that resort. To carry out these construction projects and operate the hotels after completion of construction will require the indirect employment of Cuba nationals through ACOREC as alleged herein. The Cuban corporations named in paragraph 30 and 33 herein are partners or joint venturers in this project.

              57. AMERICAN EXPRESS permits non United States nationals to use its charge card and other financial services in Cubathereby providing an indispensable tool and resource that without which Cuba's tourist industry would be unable to exist and continue to expand and thereby AMERICAN EXPRESS contributes to assisting, aiding, abetting and furthering the conspiracy to promote and maintain a tourist industry that discriminates against Cuban nationals on account of their national origin by denying them access to places of public accommodation reserved for the exclusive use and enjoyment of foreign tourists. AMERICAN EXPRESS has contracted with the Cuban corporations named in paragraph 30 and 33 and with the foreign corporations named and to be named in this complaint to provide the credit card and other financial services that are indispensable to the Cuban tourist industry.

              58. DOES 1 though 10, inclusive, are conducting substantial business in Miami-Dade County, State of Florida and are in partnership or in joint venture with ESICUBA, S.A., Cuba's insurance monopoly which has given DOES 1 through 10 the exclusive right to provide insurance products and services that an indispensable tool and resource without which Cuba's tourist industry would be unable to exist and continue to expand. Accordingly, DOES 1 through 10, inclusive, assist, aid, abet and engage in acts to further the conspiracy to promote and maintain a tourist industry that discriminates against Cuban nationals on account of their national origin by denying them access to places of public accommodation reserved for the exclusive use and enjoyment of foreign tourists and also engage in indirect labor contracting as alleged herein.

              59. BENZ and its subsidiaries and alter egos in Cuba provide automobiles and buses, and provides parts and services therefore, that are engaged primarily in connection with Cuba's tourist industry and without which Cuba could not engage in the business of supporting and entertaining the foreign tourists who travel to Cuba. BENZ, and its Cuban subsidiaries, as its alter egos and instrumentalities provide products and services are an indispensable tool and resource without which Cuba's tourist industry would be unable to exist and continue to expand. Accordingly, BENZ and its subsidiaries in Cuba assist, aid, abet and further the conspiracy to promote and maintain a tourist industry that discriminates against Cuban nationals on account of their national origin by denying them access to places of public accommodation reserved for the exclusive use and enjoyment of foreign tourists. In addition BENZ and its subsidiaries in Cuba, as its alter egos and/or instrumentalities in Cuba, in partnership and/or joint venture with the Cuban government of Cuban corporations controlled by the Cuban government are engaged in the business of assembling buses in Cuba in a plant to assemble 300 buses each year, using the indirectly contracted services of Cuban laborers through ACOREC as alleged herein.

              60. AIRBUS directly provides or, through subsidiaries which are its agents, instruments or alter egos, leases passenger aircraft to CUBANA, and provides technical support, training supplies, parts and service, for the primary purpose of bringing tourists to Cuba thereby assisting, aiding, abetting and furthering the conspiracy to promote and maintain a tourist industry that discriminates against Cuban nationals on account of their national origin by denying them access to places of publicaccommodation reserved for the exclusive use and enjoyment of foreign tourists. During 1998 CUBANA brought 800,000 out of the 1,800,000 tourists who visited Cuba that year.

              61. AEROFLOT, AIR FRANCE, LTU, IBERIA, AIR EUROPE, BRITISH AIRWAYS, AIR EUROPE, AIR JAMAICA, CUBANA, MEXICANA, LACSA, COPA, LANCHILE, AEROLINEAS ARGENTINAS, ABC and DOES 11 through 25, inclusive, are commercial airline carriers that bring foreign tourists to Cuba without which Cuba's large tourist industry would be unable to exist and continue to expand and thereby said airline companies assist, aid, abet and further the conspiracy to promote and maintain a tourist industry that discriminates against Cuban nationals on account of their national origin by denying them access to places of public accommodation reserved for the exclusive use and enjoyment of foreign tourists.

              1. DOES 26 through 75, inclusive, and their subsidiaries, as their respective instrumentalities and alter egos in Cuba provided the necessary financing, planning, equipment tools, and qualified personnel to build new airports and modernize existing airports in order to accommodate Cuba's growing demands for tourist travel and without which Cuba could not engage in the business of receiving such growing number of tourists. DOES 26 through 75, inclusive, and their respective Cuban subsidiaries, as their alter egos and instrumentalities, by engaging in such construction of airports assist, aid, abet and furthe the conspiracy to promote and maintain a tourist industry that discriminates against Cuban nationals on account of their national origin by denying them access to places of public accommodation reserved for the exclusive use and enjoyment of foreign tourists. In addition DOES 26 though 75, inclusive, and their respective subsidiaries, as their alter egos and/or instrumentalities in Cuba, in partnership and/or joint venture with the Cuban government or Cuban corporations controlled by the Cuban government are engaged in the business of using the indirectly contracted services of Cuban laborers through ACOREC as alleged herein.
              2. DOES 76 through 125, inclusive, and their subsidiaries, as their respective instrumentalities and alter egos in Cuba provided the necessary financing, planning, equipment tools, and qualified personnel to build new power plants and modernize existing power plants in order to supply electricity primarily for the use of Cuba's growing demands for tourist services and without which Cuba could not engage in the business of serving such growing number of tourists. DOES 76 through 125, inclusive, profit in dollars because they sell the energy now capabable of being generated by those power plants which pay for that energy in dollars. DOES 76 through 125, inclusive, and their respective Cuban subsidiaries, as their alter egos and instrumentalities, by engaging in such construction and improvement of power plants assist, aid, abet and further the conspiracy to promote and maintain a tourist industry that discriminates against Cuban nationals on account of their national origin by denying them access to places of public accommodation reserved for the exclusive use and enjoyment of foreign tourists. In addition DOES 76 though 125, inclusive, and their respective subsidiaries, as their alter egos and/or instrumentalities in Cuba, in partnership and/or joint venture with the Cuban government or Cuban corporations controlled by the Cuban government are engaged in the business of using the indirectly contracted services of Cuban laborers through ACOREC as alleged herein.
              3. DOES 126 through 200, inclusive, and their subsidiaries, as their respective instrumentalities and alter egos in Cuba provided the necessary financing, planning, equipment tools, and qualified personnel to build and install new telephone and other communications systems and modernize existing systems in order to primarily satisfy the needs of Cuba's growing demand for telephone and communication services and without which Cuba could not engage in the business of serving such growing number of tourists. DOES 126 though 200, inclusive, and their respective Cuban subsidiaries, as their alter egos and instrumentalities, by engaging in such improvement of telephone and communication systems assist, aid, abetting and further the conspiracy to promote and maintain a tourist industry that discriminates against Cuban nationals on account of their national origin by denying them access to places of public accommodation reserved for the exclusive use and enjoyment of foreign tourists. In addition DOES 126 through 200, inclusive, and their respective subsidiaries, as their alter egos and/or instrumentalities in Cuba, in partnership and/or joint venture with the Cuban government or Cuban corporations controlled by the Cuban government are engaged in the business of using the indirectly contracted services of Cuban laborers through ACOREC as alleged herein.

              65. The Cuban corporations named in paragraph 30 and 33, in joint venture and/or partnership agreements or other agreements with the other named Defendant foreign corporations as well as DOES 1 through 25, inclusive, conspired to engage in the wrongful conduct alleged in paragraph 3 hereinabove and as further alleged in COUNTS I and II hereinbelow.

              66. ACOREC, S.A. through joint venture and partnership agreements or other agreements with certain of the named Defendants as well as DOES 26 through 200, inclusive, conspired to engage in the wrongful conduct alleged in paragraph 4 hereinabove and in COUNTS III, IV, V and VI hereinbelow.

              IV. CLASS REPRESENTATION ALLEGATIONS

              As to COUNT I and COUNT II for injunctive relief, CCPDH brings this action on behalf of the following class of persons:

              67. Class A is composed of approximately 12,000,000 Cuban nationals who reside in Cuba.

              68. Plaintiff and the members of Class A share common questions of law and fact as follows:

              1) whether Cuban nationals residing in Cuba are denied

              access to places of public accommodation such as hotels, restaurants and beaches reserved for the exclusive use and enjoyment of foreign tourists;

              2) whether the defendants named or to be named herein are joint venturers or partners as alleged;

              3) whether the defendants named and to be named herein are in an alter ego relationship as alleged;

              4) whether the defendants named or to be named herein are act as the instrumentality as alleged; and

              5) whether the denial of access by Cuban nationals to places of public accommodation are in violation of Cuban statutes and constitution and various international treaties signed by Cuba;

              69. As to COUNTS II, III, IV, V and VI for compensatory damages, FSPEGA brings this action on behalf of the following classes and subclasses of persons:

              Class B: composed of approximately 200,000 Cuban nationals who reside in Cuba and who have provided, presently provide or in the future will provide their labor services directly for business enterprises owned, operated or managed by defendants alone, with each other, with corporations existing under the laws of Cuba or with the Cuban government.

              Class C: composed of approximately 5,000 Cuban nationals who presently reside in the United States and who used to reside in Cuba where they provided their labor services directly for enterprises owned, operated or managed by defendants alone, with each other, with corporations existing under the laws of Cuba or with the Cuban government.

              Class D: composed of approximately 2,000 Cuban nationals who presently reside outside Cuba but not in the United States and who used to reside in Cuba where they provided their labor services directly for enterprises owned, operated or managed by defendants alone, with each other, with corporations existing under the laws of Cuba or with the Cuban government.

              70. Plaintiff and the members of Classes B, C and D share common questions of law and fact as follows:

                1. whether Cuban nationals who provided or providetheir labor services directly for foreign ownedenterprises are paid an average of US$5.00 per month by ACOREC;
                2. whether ACOREC is paid $450 per month per Cuban national who provides his services to the defendants named or to be named herein; whether the defendants named and to be named herein are in an alter ego relationship as alleged;

                4) whether the defendants named or to be named herein are the instrumentality of others as alleged; and

                5) whether the indirect contracting of laborers in Cuba by foreign enterprises is in violation of Cuban statutes and constitution and various international treaties signed by Cuba;

                71. The claims of CCPDH's members are typical of the class members of Class A, composed of those who are denied access to places of public accommodation and on whose behalf injunctive relief is sought.

                72. The claims of FSPEGA's members and other Cuban laborers are typical of the class members of Classes B, C and D, composed of those laborers who are paid US$5.00 per month by ACOREC which in turn is paid US$450.00 by the foreign business enterprises that obtain the services of those laborers and on whose behalf compensatory damages are sought.

                73. CCPDH and FSPEGA will adequately represent their respective class members. Plaintiffs are supported by several Non-Governmental Organizations (NGO's) which have wide support within and outside Cuba and which are committed to the successful prosecution of this action.

                74. The defendants have acted in a manner that impacts upon all class members in that they have conspired, assisted, promoted, aided and abetted in the creation, maintenance and expansion of a tourist industry dependent on a system of apartheid in order to meet the ideological goals of a repressive regime. For example, recently the Cuban government removed from circulation, through newstands accessible to the general Cuban public, magazines such as Cosmopolitan, Good Housekeeping and Vanity Fair because those magazines promote a western style consumerism that is against the Cuban regime's officially propagated values. Nevertheless, those magazines are available in hotels and other public places to which only foreign tourists are permitted access to the exclusion of Cuban nationals. The Cuban tourist industry is set up as a Caribbean "Potempkin Village" to mislead foreigners into believing Cuba is a normal country.

                75. Based on the foregoing allegations and other allegations set forth in this Amended Complaint, Plaintiffs allege that the class claims predominate over individual claims of class members.

                76. Based on the foregoing allegations and other allegations set forth in this Amended Complaint, Plaintiffs allege that a class action is superior over individual claims for the following reasons:

                  1. pursuing this lawsuit in a Cuban court constitutes no remedy at all;
                  2. all the key witnesses, including expert witnesses who would not be available in totalitarian Cuba, are located in Miami-Dade, County;
                  3. individual class members are denied access to courts in Cuba because they, their families, supporters and attorneys would be subjected to repressive measures by the government;
                  4. the courts in Cuba are not independent and instead are subject to the totalitarian control of the Communist Party of Cuba acting through the government of Cuba; individually, each class member would be unable to finance his own lawsuit;
                  5. there are no individual claims pending; and
                  6. this class action would serve as a fair and efficient vehicle for determining the factual and legal questions.

                  V. HISTORICAL BACKGROUND

                  77. The 1976 Socialist Constitution of the Republica de Cuba declares that Cuba is guided by Marxists-Leninist principles, supported by the Soviet Union to carry on the revolution initiated by Fidel Castro (Preamble), to establish a state of workers and peasants with the Cuban Communist Party as its vanguard (Chapter I, Articles 1 and 5), in which the state, its officers and employees are obligated to strictly follows socialist legality (Article 9) and in which the state organizes, directs national economic life according to a single plan (Article 16) and for the attainment of which the state forms enterprises and other economic entities (Article 17).

                  78. Through 1989 Cuba's historically inefficient economy was artificially maintained by the Soviet Union and its allies which provided substantial direct aid, both economic and military, favorable trade agreements and various forms of aid disguised as subsidies. Presently, Cuba still owes $21 billion rubles to Russia, successor in interest to the Soviet debt, and in addition owes over US$10 billion to western creditor nations and corporations. Cuba was a member of COMECON, the trade organization that grouped the so called "Socialist Bloc."

                  79. The reforms known as perestroika and glasdnot initiated in 1985 by Mikhail Gorbachov, Chairman of the Soviet Union, set forces in motion that led to the breakup of the Socialist Bloc and the fall of its individual regimes by the end of 1989 and the eventual collapse of the Union of Soviet Socialist Republics in December 24, 1991.

                  80. The Cuban regime had resisted all efforts to reform its dogmatically centralized economic system. As a consequence, with the fall of the Soviet Empire came and end of the once privileged position Cuba enjoyed as part of the Socialist Bloc.

                  81. The Cuban regime announced the formulation of an economic disaster plan it called "Option Zero" as part of an overall "Special Period in Times of Peace." The centerpiece of this draconian Cambodian like inspired plan called for the mass transportation of city dwellers to the countryside where they would be taught elementary farming methods that would presumably enable them to survive. The Cuban regime's declared "Special Period in Times of Peace" continues through the present.

                  82. To secure its survival, in September 1995 the Cuban regime approved a Foreign Investment Law No. 77. It initiated an aggressive campaign to lure foreign investment capital under forms, mainly joint ventures, with the Cuban government or corporations existing under Cuban law. The enterprises that emerged were particularly structured and regulated with the intent of suppressing the potential social, economic and political impact on Cuban society, a society still held out officially by the Cuban regime as the model for the future of the world. Cuba has been characterized as the "Albania of the Americas" for the particularly extreme character of its totalitarian nature and the extent that it was structured to minimize contact between Cuban nationals and foreigners visiting the island.

                  83. The tourist sector has proven the most profitable and visible of all foreign business activities in Cuba. While being the most attractive, because it offers both the Cuban regime and its foreign partners and venturers the highest and fastest return on their investment, it also exposes the regime to an ideological dilemma: how to reconcile the austere and repressive daily living conditions of Cuban nationals with the surreal existence within the "Island of Doctor Fidel" of a western style tourist life.

                  84. This reality is fraught with political dangers. For example, as already stated, recently the Cuban government removed from circulation magazines such as Cosmopolitan, Good Housekeeping and Vanity Fair because those magazines promote western style consumerism.

                  85. Thus, foreign investment in Cuba and tourism, in particular, is highly structured, controlled and regulated unlike tourism in any other normal, civilized country.

                  86. None of the acts and conduct alleged herein on the part of the defendants named and to be named occurred without the knowledge and understanding that the political concerns of the Cuban regime had to be addressed to the satisfaction of that regime. In so doing, the defendants named and to be named willingly initiated acts of conspiracy and joined an existing conspiracy to create, promote and exploit a wrongful system of tourist apartheid and indirect labor contracting as alleged herein.

                  COUNT I: INJUNCTIVE RELIEF

                  Plaintiff CCPDH, on behalf of itself, its injured members and of the members of Class A alleges a cause of action for injunctive relief against Defendants SOL MELIA, MIA, SOL GROUP, SOL HOLDINGS, SOL MANAGEMENT, SOL ADMINISTRATION, LATIN LOGISTICS, FANTASTICO TOURS, SHERRIT, LEISURE, MERIDIEN, AMERICAN EXPRESS, BENZ, MITSUBISHI, AIRBUS, AEROFLOT, LTU, AIR FRANCE, BRITISH AIRWAYS, IBERIA, AIR EUROPA, AIR JAMAICA, CUBANA, MEXICANA, LACSA, COPA, AEROLINEAS ARGENTINAS, LANCHILE, ESICUBA, S.A., ACOREC, S.A., CUBANACAN, S.A., GRUPO GAVIOTA, S.A., HABANAGUEX, S.A., HAVANA ASSET MANAGEMENT LIMITED, BETA GRAN CARIBE LIMITED, CORPORACION CIMEX, S.A., HAVANATUR, S.A., FINCIMEX, S.A., REAL INMOBILARIA S.A., INMOCUBA, S.A., CUBATURS, S.A., RUMBOS, S.A., CUBA AMOR, INC., and ABC CHARTERS, INC., and DOES 1 through 25, inclusive, as follows:

                  87. This is an action for an injunction.

                  1. Plaintiff incorporates by reference, as though set forth in full herein, all the allegations contained in the following paragraphs: 1, 3, 5-7, 9, 11-65, 67, 68, 71, 73-78 and 83-86.
                  2. The Cuban tourist industry, based on a system of partheid against it own citizens as alleged herein, is in violation of the Cuban Socialist Constitution of 1976 (particularly Articles 8, 26, 40, 41 and 42), the International Declaration of Human Rights (particularly Articles 1, 2, 3, 4, 5, 6, 8, 10, 13, 15, 17, 19, 20, 22, 26, 27 and 28) and the United Nations' International Covenant on Economic, Social and Cultural Rights of 1966.
                  3. Plaintiff and the members of Class A which it represents have no adequate remedy at law because the nature of the violation can not be remedied by money except by contempt of court if a judgment for an injunction is obtained. Furthermore, Cuba does not offer an adequate alternative forum.
                  4. Plaintiff had to retain the services of attorneys and have and will continue to incur costs related to this lawsuit.

                  WHEREFORE, Plaintiff CCPDH demands judgment for a permanent injunction prohibiting said defendants from continuing to participate or contributing to the participation by their subsidiaries, agents, instrumentalities and alter egos in Cuba in any discriminatory act or conduct directed at Cuban nationals residing in Cuba as alleged herein, for reasonable attorneys fees and costs and for any other relief the Court deems just and proper.

                  COUNT II: RICO

                  Plaintiff CCPDH, on behalf of itself, its injured members and the members of Class A alleges a cause of action for injunctive relief pursuant to the Florida RICO Act against Defendants SOL MELIA, MIA, SOL GROUP, SOL HOLDINGS, SOL MANAGEMENT, SOL ADMINISTRATION, LATIN LOGISTICS, FANTASTICO TOURS, SHERRIT, LEISURE, MERIDIEN, AMERICAN EXPRESS, BENZ, MITSUBISHI, AIRBUS, AEROFLOT, LTU, AIR FRANCE, BRITISH AIRWAYS, IBERIA, AIR EUROPA, AIR JAMAICA, CUBANA, MEXICANA, LACSA, COPA, AEROLINEAS ARGENTINAS, LANCHILE, ESICUBA, S.A., ACOREC, S.A., CUBANACAN, S.A., GRUPO GAVIOTA, S.A., HABANAGUEX, S.A., HAVANA ASSET MANAGEMENT LIMITED, BETA GRAN CARIBE LIMITED, CORPORACION CIMEX, S.A., HAVANATUR, S.A., FINCIMEX, S.A., REAL INMOBILARIA S.A., INMOCUBA, S.A., CUBATURS, S.A., RUMBOS, S.A., CUBA AMOR, INC., and ABC CHARTERS, INC., and DOES 1 through 25, inclusive,as follows:

                  • This is an action for an injunction pursuant to the Florida RICO Act.

                  93. Plaintiff incorporates by reference, as though set forth in full herein, all the allegations contained in the following paragraphs: 1, 3, 5-7, 9, 11-65, 67, 68, 71, 73-78 and 83-88, 89 and 91.

                  1. The Cuban tourist industry, based on a system of apartheid against it own citizens as alleged herein, is in violation of the Cuban Socialist Constitution of 1976 (particularly Articles 8, 26, 40, 41 and 42), the Penal Code of Cuba prohibiting the practice of aiding and abetting prostitution and the sexual exploitation of minors for financial gain, the International Declaration of Human Rights (particularly Articles 1, 2, 3, 4, 5, 6, 8, 10, 13, 15, 17, 19, 20, 22, 26, 27 and 28) and the United Nations' International Covenant on Economic, Social and Cultural Rights of 1966.
                  2. Plaintiff and the members of Classes A which it represents have no adequate remedy at law because the violations can not be remedied by money except by contempt of court if a judgment for an injunction is obtained. Furthermore, Cuba does not offer an adequate alternative forum.
                  3. Plaintiff had to retain the services of attorneys and have and will continue to incur costs related to this lawsuit.
                  4. The acts and conduct engaged in by Defendants as alleged herein are in violation of Florida Racketeering Influence and Corrupt Organizations Act, Florida Statutes 895.02 and 895.05 which prohibit the promotion of prostitution (subsection (1)(a)(20), fraudulent practices (subsection (1)(a)(25), commercial exploitation of children (subsection (1)(a)(27) and illegal financial practices (subsection 1(a)(38).

                  WHEREFORE, Plaintiff CCPDH demands judgment for a permanent injunction prohibiting said defendants from continuing to participate or contributing to the participation by their co-defendants, agents, instruments, alter egos and subsidiaries conducting business activities in Cuba from engaging in any discriminatory act or conduct directed at Cuban nationals residing in Cuba as alleged herein, for reasonable attorneys fees and costs and for any other relief the Court deems just and proper.

                  COUNT III: UNFAIR LABOR PRACTICES

                  Plaintiff FSPEGA alleges a cause of action for unfair labor practices on behalf of itself, its injured members and the members of subclasses B, C and D against Defendants SOL MELIA, MIA, SOL GROUP, SOL HOLDINGS, SOL MANAGEMENT, SOL ADMINISTRATION, LATIN LOGISTICS, FANTASTICO TOURS, SHERRIT, LEISURE, MERIDIEN, AMERICAN EXPRESS, BENZ,

                  110. Plaintiff's members, who are also included as members of Classes B, C and D have been damaged in an amount of approximately $450 per month for each month they have been employed indirectly by ACOREC on behalf of a foreign company as alleged herein.

                  111. As partners, joint venturers and co-conspirators defendants, and each of them, is jointly and severally liable for the damages sustained by plaintiff and by each class member as alleged.

                  WHEREFORE, Plaintiff FSPEGA on behalf of itself, its injured members and other Cuban workers contracted indirectly demands judgment against said defendants and their subsidiaries, agents, instrumentalities and alter egos for unjust enrichment, for reasonable attorney fees and the costs of suit incurred herein, for such other relief the Court deems just and proper and for a jury trial on damages.

                  COUNT V: QUANTUM MERUIT

                  Plaintiff FSPEGA alleges a cause of action for quantum meruit on behalf of itself, its injured members and the members of subclasses B, C and D against Defendants SOL MELIA, MIA, SOL GROUP, SOL HOLDINGS, SOL MANAGEMENT, SOL ADMINISTRATION, LATIN LOGISTICS, FANTASTICO TOURS, SHERRIT, LEISURE, MERIDIEN, AMERICAN EXPRESS, BENZ, MITSUBISHI, AIRBUS, ESICUBA, S.A., ACOREC, S.A., CUBANACAN, S.A., GRUPO GAVIOTA, S.A., HABANAGUEX, S.A., HAVANA ASSET MANAGEMENT LIMITED, BETA GRAN CARIBE LIMITED, CORPORACION CIMEX, S.A., HAVANATUR, S.A., FINCIMEX, S.A., REAL INMOBILARIA S.A., INMOCUBA, S.A., CUBATURS, S.A., RUMBOS, S.A., and DOES 26 through 200 as follows:

                  112. This is an action in excess of the $15,000 jurisdictional limit of this Court.

                  1. Plaintiff incorporates by reference, as though set forth in full herein, all the allegations contained in paragraphs: 2, 4, 5-7, 10, 11-17, 19-27, 30, 32, 48-56, 58, 59, 62-64, 66, 69, 70, 72, 73, 75-86, 98-106, 109, 110 and 111.

                  114. Plaintiff's members, who are included in Classes B, C and D are entitled to be compensated for the reasonable value of the labor services for which their respective foreign employers were willing to and did pay to ACOREC.

                  WHEREFORE, Plaintiff FSPEGA demands judgment on behalf of itself, its injured members and other Cuban workers indirectly contracted against said defendants for quantum meruit, for reasonable attorney fees and the costs of suit incurred herein, for such other relief the Court deems just and proper and for a jury trial on damages.

                  COUNT VI: RICO

                  Plaintiff FSPEGA alleges a cause of action on behalf of itself, its injured members and the members of subclasses B, C and D for violation of the Florida RICO Act against Defendants SOL MELIA, MIA, SOL GROUP, SOL HOLDINGS, SOL MANAGEMENT, SOL ADMINISTRATION, LATIN LOGISTICS, FANTASTICO TOURS, SHERRIT, LEISURE, MERIDIEN, AMERICAN EXPRESS, BENZ, MITSUBISHI, AIRBUS, ESICUBA, S.A., ACOREC, S.A., CUBANACAN, S.A., GRUPO GAVIOTA, S.A., HABANAGUEX, S.A., HAVANA ASSET MANAGEMENT LIMITED, BETA GRAN CARIBE LIMITED, CORPORACION CIMEX, S.A., HAVANATUR, S.A., FINCIMEX, S.A., REAL INMOBILARIA S.A., INMOCUBA, S.A., CUBATURS, S.A., RUMBOS, S.A., and DOES 26 through 200 as follows:

                  1. This is an action for an injunction under the Florida RICO Act.
                  2. Plaintiff incorporates by reference, as though set forth in full herein, all the allegations contained in the following paragraphs: 2, 4, 5-7, 10, 11-17, 19-27, 30, 32, 48-56, 58, 59, 62-64, 66, 69, 70, 72, 73, 75-86, and 98-106.
                  3. The Cuban tourist industry, based on a system of apartheid against it own citizens as alleged herein, is in violation of the Cuban Socialist Constitution of 1976 (particularly Articles 8, 26, 40, 41 and 42), the International Declaration of Human Rights (particularly Articles 1, 2, 3, 4, 5, 6, 8, 10, 13, 15, 17, 19, 20, 22, 26, 27 and 28) and the United Nations' International Covenant on Economic, Social and Cultural Rights of 1966.
                  4. Plaintiff and the members of Classes B, C and D which it represents have no adequate remedy at law because its character can not be remedied by money except by contempt of court if a judgment for an injunction is obtained. Plaintiff had to retain the services of attorneys and have and will continue to incur costs related to this lawsuit.
                  5. The acts and conduct engaged in by Defendants as alleged herein are in violation of Florida Racketeering Influence and Corrupt Organizations Act, Florida Statutes 895.02 and 895.05 which prohibit fraudulent practices pursuant to subsection (1)(a)(20) illegal financial practices pursuant to subsection (1)(a)(38).

                  WHEREFORE, Plaintiff FSPEGA on behalf of itself, its injured members and the members of subclasses B, C and D demands judgment for a permanent injunction prohibiting said defendants, their subsidiaries, agents, instrumentalities and alter egos from continuing to participate or contributing to the participation by their co-defendants and their agents, subsidiaries, instrumentalities and alter egos in Cuba in any fraudulent or wrongful financial practices in violation of the Florida RICO Act by indirectly contracting Cuban nationals through ACOREC, S.A., for reasonable attorneys fees and costs incurred herein, for any other relief the Court deems just and proper and for a jury trial.

                  DATED: July 13, 1999

                  _________________________

                  EDUARDO J. NAVARRO, Esq.
                  for himself and on behalf
                  LEONARDO VIOTA-SESIN
                  Attorney For Plaintiffs

                   

                  EDUARDO J. NAVARRO, P.A.
                  3191 Coral Way, Suite 800
                  Miami, Fl. 33145
                  (305) 443-0200
                  (305) 443-0900 (fax)
                  Florida Bar No.: 111650

                  LEONARDO VIOTA-SESIN, Esq.
                  7159 S.W. 8th St.
                  Miami, Fl. 30144
                  (305) 265-1414
                  (305) 265-7876 (fax)
                  Florida Bar No.:



                  SECCIONES EN CUBANET

                  ...... NOTICIAS ...... Prensa Independiente | Prensa Internacional | Prensa Gubernamental ......
                  ...... BUSQUEDAS ...... Archivos | Búsquedas | Enlaces ......
                  ...... INDEPENDIENTES ...... Cooperativas Agrícolas | Movimiento Sindical | Bibliotecas | MCL | Ayuno ......
                  ...... DEL LECTOR ...... Cartas | Debate | Opinión ......
                  ...... CULTURA ...... Artes Plásticas | Fotos de Cuba | Anillas de Tabaco ......
                  ...... CUBANET ...... Semanario | Quiénes Somos | Informe 1998 | Correo Eléctronico ......
                  ...... OTROS IDIOMAS ...... Inglés | Alemán | Francés ......