Power Expectations files criminal complaint against fiscal board lawyer

By THE STAR STAFF

Energy firm Power Expectations LLC has filed a sworn criminal complaint against attorney Javier Vázquez Morales, legal counsel for Enchanted Rock LLC, and adviser to the Financial Oversight and Management Board for Puerto Rico.

The complaint, submitted by Power Expectations associate Robert Fournier, was filed at the Puerto Rico Police Department’s Hato Rey station, with copies delivered to the Criminal Investigations Corps (CIC) and the Puerto Rico Department of Justice. The filing comes after government officials publicly characterized approaches made by Vázquez Morales as “inappropriate.” The lawyer was supposedly trying to warn Energy Czar Josué Colón Ortiz that Enchanted Rock was not part of a contract for 400 megawatts of temporary power generation. The contract was, nonetheless, signed by an unauthorized individual on behalf of Enchanted Rock. 

Along with the public documentation, Power Expectations called for an immediate official investigation into Vázquez Morales -- a capital partner at prominent law firm O’Neill & Borges LLC -- and any associated personnel who may have transferred confidential materials to the oversight board.

“We are requesting an investigation into this individual, along with any lawyer, partner, employee, agent, or representative of O’Neill & Borges LLC who transmitted, communicated, shared, or made information available to the Financial Oversight and Management Board,” Fournier stated.

Specifically, the complainant requested an inquiry into whether information obtained through potential client consultations, legal evaluations, professional ties with Enchanted Rock, or discussions with Flotek Industries representatives was improperly disclosed to the oversight board.

Abraham Freyre Medina, legal counsel for Power Expectations, confirmed that the energy company is evaluating Vázquez Morales’ conduct under both professional and criminal frameworks.

Freyre Medina said the attorney’s actions may violate several rules governing the legal profession in Puerto Rico established by the island Supreme Court.

Legal counsel further noted potential breaches under the Puerto Rico Penal Code, including Article 176 (disclosure of professional secrets), Article 182, Article 202, and Article 244 (conspiracy). The filing also cites potential violations of Act 80-2011, Puerto Rico’s Trade and Industrial Secrets Protection Act, which criminalizes corporate espionage and the illegal acquisition of protected information.