45th Cuba Libertad Act Lawsuit (Certified Claimant) Filed Against Airbnb For Use Of Interest In Apartment Building In Havana

THE ESTATE OF ALBERT PERREO, BY AND THROUGH JAVIER GARCIA-BENGOCHEA AS ADMINISTRATOR V. AIRBNB INC. (3:24-CV-00229)

Bishop Page & Mills PLLC (plaintiff)
Bishop & Mills (plaintiff)

Excerpt From Complaint:

“38. Airbnb never requested or received permission from the Plaintiff Estate to list or book the Property for rent on the Airbnb platforms.  39. Due to Airbnb’s wrongful trafficking of the Property, counsel sent a certified letter (“the Letter”) to Airbnb CEO Brian Chesky on August 20, 2019, informing Airbnb that it was trafficking in the Property.  40. The Letter specifically identified the Property as “1212 33rd Avenue, Havana, Cuba.”  41. The Letter explained, in part, that the Property had been taken without compensation by the Cuban government in 1960, and that the Claim including the Property had been certified by the Settlement Commission.  42. The Letter also explained that Airbnb had engaged in trafficking of the property as identified in the Helms-Burton Act, and attached copies of the relevant statutes. The Letter provided notice regarding intention to commence an action under the Helms-Burton Act and a demand that the unlawful trafficking cease immediately.  43. Though receipt was confirmed, Airbnb never responded to the Letter and continued to list and book the Property until at least May 21, 2022.  44. Airbnb continued to list and book the Property despite having actual, direct, and express knowledge of the exact property at issue, the confiscation of the Property by the Castro regime, the Property’s certification by the Settlement Commission, and the prohibition on trafficking in the Property by the Helms-Burton Act. 45. Besides Airbnb’s actual knowledge, Airbnb also had constructive knowledge of the Claim because the Claim has been a matter of public record since its issuance on September 16, 1970, and has been publicly available on the Settlement Commission’s website since February 2015.  46. Around the same time as its receipt of the Letter, Airbnb and/or its wholly owned subsidiary Airbnb Payments, Inc., conducted an internal audit regarding its compliance with OFAC requirements for conducting business in Cuba from 2015 through March 2020.  47. On January 3, 2022, OFAC announced a settlement with Airbnb Payments, Inc., for its violations of OFAC regulations, including processing thousands of payments related to Airbnb customers’ travel to Cuba for reasons outside of the limited permitted travel-related transactions, and failing to maintain records.   48. Significantly, OFAC asserted that the violations occurred because: i. Airbnb Inc. conducted business in Cuba without “fully addressing the complexities of operating a Cuba-related sanctions compliance program for internet-based travel services,” and ii. “the scaling up of [Airbnb Inc.’s] services in Cuba appears to have outpaced the company’s ability to manage the associated sanctions risks via its technology platforms.”

U.S. District Court
Middle District of Florida (Jacksonville)
CIVIL DOCKET FOR CASE #: 3:24-cv-00229-HES-PDB

The Estate of Albert Perreo, by and through Javier Garcia-Bengochea as Administrator v. AirBnB Inc.
Assigned to: Senior Judge Harvey E. Schlesinger
Referred to: Magistrate Judge Patricia D. Barksdale
Cause: 22:6081 Protection of Property Rights of U.S. Nationals    
Date Filed: 03/04/2024
Jury Demand: Plaintiff
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: Federal Question
Plaintiff: The Estate of Albert Perreo, by and through Javier Garcia-Bengochea as Administrator represented by Frederick Dyer Page

Bishop Page & Mills PLLC
510 North Julia Street Jacksonville, FL 32202
904-598-0034
Email: fpage@bishoppagemills.com
ATTORNEY TO BE NOTICED

Katharine Roth
Bishop & Mills
510 North Julia Street
Jacksonville, FL 32202
904-598-0034
Email: kroth@bishoppagemills.com
ATTORNEY TO BE NOTICED

Kyle William Mason
Bishop & Mills
510 North Julia Street
32202
Jacksonville, FL 32202
904-416-0938
Email: kmason@bishoppagemills.com
ATTORNEY TO BE NOTICED

Thomas Edward Bishop
Bishop & Mills
510 North Julia Street
Jacksonville, FL 32202
904-598-0034
Fax: 904-598-0395
Email: tbishop@bishoppagemills.com
ATTORNEY TO BE NOTICED

Date Filed  #  Docket Text
03/05/2024- NEW CASE ASSIGNED to Senior Judge Harvey E. Schlesinger and Magistrate Judge Patricia D. Barksdale. New case number: 3:24-cv-229-HES-PDB. (RLK) (Entered: 03/05/2024)
03/04/2024- COMPLAINT against AirBnB Inc. with Jury Demand (Filing fee $405 receipt number AFLMDC-21832466) filed by The Estate of Albert Perreo, by and through Javier Garcia-Bengochea as Administrator. (Attachments: # 1 Exhibit Exhibit A, # 2 Civil Cover Sheet Civil Cover Sheet, # 3 Proposed Summons Proposed Summons)(Bishop, Thomas) (Entered: 03/04/2024)

LINK To Court Documents
LINK To Libertad Act Lawsuit Filing Statistics