NBI files raps vs singer, 4 others over resto fiasco

The National Bureau of Investigation (NBI) filed yesterday criminal charges against singer Robert "Bert" Nievera and other proprietors of the Country Waffles for allegedly running away with millions in investor’s money.

Charges of syndicated estafa, bouncing checks, and issuance of securities without sanction by the Securities and Exchange Commission (SEC) against Nievera, his wife Carolina Hernandez-Nievera, and partners Charissa Orfecio, Juanario Soller and Caroline Soller.

The charges were filed by lawyer Ferdinand Lavin, chief of the NBI-Anti-Organized Crime Division, the unit investigating the case.

Lavin said the filing of charges was hastened after Nievera’s group failed to show up to the NBI to contradict accusations by businesswoman Monina Nepomuceno.

He noted that another owner, Alberto Buenviaje, was not included in the charge sheet after his lawyer promised to file his client’s counter-affidavit on Feb. 16.

Nepomuceno claimed Nievera and his wife encouraged her to invest in the Country Waffles restaurant being operated by Country Waffles Holding Inc., with a promise that she would be paid with 6.5 percent monthly interest. The trader placed a P19-million investment after which she was given a certificate of part ownership of a restaurant that was to open in Ayala, Alabang.

Nepomuceno was prompted to seek government assistance after the checks she received were dishonored by banks because the accounts had already been closed.

Her complainant was investigated by agents Angelo Zarzoso and Angelito Magno.

"The case will be decided based on the complaints. Then it will be filed with the court for the issuance of a warrant of arrest and then the extradition of Nievera," an NBI source said. The couple is in the US after allegedly receiving kidnapping and death threats.

The couple entered into an operating agreement with Country Waffles Inc., a California-based firm, on Dec. 8, 1988. This allowed Carolina to put up a chain of restaurants in the country, with the first opening in Greenhills, San Juan.

Nievera, is not actually named in the articles of the incorporation of the restaurant, but his being identified with the partners helped convince people to invest.

Other celebrities, including Annabelle Rama claimed the couple also owed them money, but have yet to lodge a formal complaint. Rama had met with NBI Director Reynaldo Wycoco several times to seek assistance.