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Petitioner testified that he was unable to pay the fees due
to lack of money, and the civil claim was not pursued any
further.
Pursuit of Criminal Action
Petitioner asked Fariborz to pursue a criminal action
against Ammareh. On June 28, 1989, petitioner gave Fariborz a
power of attorney to “consider and administer the Properties of *
* * [petitioner] in Iran, specially Gulf Marine Service Co. Ltd.”
Fariborz retained Mr. Izadi for the criminal prosecution, and
Fariborz signed a power of attorney authorizing Mr. Izadi to take
legal actions with respect to petitioner’s “said properties”.
On March 26, 1991, Fariborz and Bahman presented a complaint
against Ammareh for a criminal action. Petitioner testified that
he pursued a criminal action because he wanted to protect his
business reputation in Iran. In their complaint, Fariborz and
Bahman claimed that they were equity owners of GMS and that
Ammareh, also one of the equity owners, took all the books,
records, and documents belonging to GMS and the other equity
owners, and he had prevented access to them. They requested
pursuit of the matter and delivery of the books and records.
On May 26, 1991, petitioner hired two attorneys to pursue
and continue the criminal prosecution of Ammareh. On December 8,
1991, one of the attorneys, Abdolmajid Zargar (Mr. Zargar), filed
a complaint with the public prosecutor. In this complaint Mr.
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