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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF PUERTO RICO

HEPTAGON ASSET MANAGEMENT, C.V.Zadelmakerstraat 98Velserbroek,Noor-Holland Netherlands 1991,andHEPTAGON SOCIEDAD DE CORRETAJEDE VALORES, C.A.,Torre Provincial A, Piso 12Avenida Francisco de Miranda,Caracas, Venezuela,Plaintiffs,v.CARACAS INTERNATIONAL BANKINGCORPORATION

221 Ave Ponce de León221 Plaza, Suite 701San Juan, Puerto Rico 00918,Defendant.

COMPLAINT

TO THE HONORABLE COURT:Plaintiffs, Heptagon Asset Management, C.V. and Heptagon Sociedad de Corretaje deValores, C.A., respectfully allege:

THE PARTIESPLAINTIFFS

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Plaintiff, Heptagon Asset Management, C.V. (“HAM”), is a Dutch LimitedPartnership, duly organized and existing under the laws of the Netherlands, with its principaloffices and place of business in Caracas, Venezuela.2.

Plaintiff, Heptagon Sociedad de Corretaje de Valores, C.A. (“HSCV”), is abusiness entity, duly organized and existing under the laws of Venezuela, with its principal placeof business in Caracas, Venezuela.3.

Plaintiffs, HAM and HSCV (collectively “Heptagon”) are interrelated entities inthe business of providing financial services, with a focus in securities brokerage, market making,proprietary trading, tax advisory and mergers and acquisitions of private companies.

DEFENDANT

Caracas International Banking Corporation (“CIBC”) is an international bankingentity duly organized and existing pursuant to Act 52 of August 11, 1989, P.R. Laws Ann., tit. 7,§ 232 et seq., as amended, also known as the “International Banking Center Regulatory Act.”CIBC is duly licensed to do business in Puerto Rico by the Office of the Commissioner of Financial Institutions of the Commonwealth of Puerto Rico, and is fully subject to the regulatory,supervisory and examination authority of said Office.

JURISDICTION AND VENUE

This Court has jurisdiction over this action under Title 28 of the U.S. Code,Section 1332, in that this dispute is between plaintiffs that are citizens of the Netherlands andVenezuela, and a defendant that is a citizen of Puerto Rico, and the amount in controversyexceeds $75,000.00, exclusive of interest and costs.6.

Venue is appropriate in this Court under Title 28 of the U.S. Code, Section 1391,because Defendant CIBC resides and is subject to personal jurisdiction in this judicial district,

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and a substantial part of the events and omissions giving rise to this Complaint occurred in this judicial district.

FACTS

On November 20, 2008

, Jorge Nogueroles, in his capacity as CIBC’s ExecutivePresident (“Nogueroles”), contacted Heptagon to request a security swap transaction (known inthe industry as a “permuta”) of approximately $3,000,000.

Nogueroles specifically stated that Heptagon’s client would be CIBC.9.

Heptagon expressly and reasonably relied upon the foregoing representations inagreeing to conduct the swap transaction with CIBC.10.

Neither Nogueroles nor anyone else at CIBC informed Heptagon on November20, 2008, that the funds to perform the swap transaction would be transferred directly from athird party account at CIBC instead of being paid with CIBC’s own funds from its own account.11.

Nor did Nogueroles or anyone else at CIBC inform Heptagon that CIBC wouldoriginate the funds to perform the swap transaction from the account of an individual arresteddays earlier in a highly-publicized prosecution for drug trafficking, money laundering andconspiracy to commit the foregoing offenses.12.

Heptagon would not have agreed to conduct the swap transaction if Nogueroles oranyone else at CIBC had disclosed to Heptagon the information contained in paragraphs 10 and11, above.13.

Based on the request by CIBC and the information that was disclosed by CIBC,Heptagon agreed to conduct a permuta transaction with CIBC in the amount of $3,173,000.Pursuant to CIBC’s request, Heptagon conducted that transaction on November 20th.

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