The confidential report from Marina del Sol published by the DF and which reveals that there would have been coordination between industry players in the casino tender, has details of how some meetings between the parties took place.

One of the most striking that the document prepared by the lawyer Javier Velozo recounts was when on October 4, 2021, two weeks before the presentation of the offers to the tender to compete for 10 concessions from the Superintendence of Gaming Casinos (SCJ ), the general manager of Dreams, Jaime Wilhelm, asked the president of Marina del Sol, Nicolás Imschenetzky, to set up a “clandestine” meeting at his offices.

In the document, the story is recorded under the headline "The hidden meeting at the Dreams offices: the closing of the deal 'between the bosses'." The topic to discuss? The closing of the merger between Dreams and Enjoy, an agreement that had not yet come to light, because the parties submitted their records to the National Economic Prosecutor's Office (FNE) in February 2022, five months later. This implied the failure of the negotiations between the Fischer company and Marina del Sol, who also negotiated to combine their operations, after the latter will reorganize its operations in 2019.

The report that Velozo put together for the Marina del Sol board includes Imschenetzky's version based on his statements and maintains that "after receiving the message from NIE (Imschenetzky), JWG (Wilhelm) asked him to organize the meeting through the application "Rely". That is why there is no further trace of the gestation of the meeting in WhatsApp.

Confide is an encrypted instant messaging platform for most major operating systems. It was first released in 2013, on iOS, and is known for its self-destruct text system that deletes messages immediately after reading them. According to the confidential document, both executives had used the Confide application on a couple of occasions before, always at the request of Simplicity -Dreams' communications agency- in the context of the investigation of possible ties to the then President of the Republic. Sebastián Piñera with Enjoy. In fact, this was -according to Velozo's research- the first and only time they used the app to talk about anything other than the Simplicity assignment.

The secret cafe The appointment between Imschenetzky and Wilhelm was set for 7:30 p.m. on October 4, 2021. The lawyer who prepared the report took the TAG records of the Concepción businessman's vehicle to determine that the appointment lasted approximately one hour. . Once Imschenetzky arrived at the Dreams offices, the report says, he was struck by the manner in which he was ushered into the building. They told him to park on the street, not in the internal parking lot as it had been at the previous meeting on July 23 of that same year. It is also reported -according to what Imschenetzky pointed out- that the CFO of Dreams, Claudio Tessada, went to look for him in a white van and, after entering the premises located at Avenida Las Condes 11,700, asked him to turn off his cell phone. Imschenetzky accepted.

A pact with Fischer When Imschenetzky entered -the text narrates- there was no one, not even a receptionist. Tessada and Imschenetzky went directly to the conference room. “The three of them talked for a few minutes about colloquial topics, until suddenly CFL (Claudio Fischer)” appeared, the owner of Dream. “At no time, when organizing the meeting, did JWG (Wilhelm) tell NIE (Imschenetzky) that CFL (Fischer) would attend, it was an absolute surprise for him,” president Marina de Sol told Velozo in the report, adding that after that Tessada retires. According to the report, the session was started by the owner of Dreams, he talked about his merger with Enjoy and regretted that the transaction with Marina del Sol failed in the past, whose negotiation lasted for “so many years.”

Despite the above, Fischer clarified that this did not mean that in the future the companies could do business together. Imschenetzky replied that "he did not like to be anyone's second plate." "If Dreams had the intention of completing any business in the future, Marina del Sol would be available if they offer something precise and concrete, to the extent that it was in the interest of the company," the letter explains. Wilhelm intervened and said: “well, let's get serious…”. And, in a reflective way, he pointed out that although Dreams and Marina del Sol had put up a tough fight with the SCJ, it was time to recognize that they were not going to be able to suspend the tenders. "We could not destroy ourselves again," he insisted. "Dreams was only interested in protecting its jobs," emphasized the company's general manager, according to what Imschenetzky narrated.

In the report, it is noted that Imschenetzky recounted that they had a brief conversation about certain places where they could have competed: Talca -which was rejected by Marina-, the interest in Monticello in San Francisco de Mostazal to make a hotel type "boxes compensation”, but who also withdrew due to problems with the property, and told them that they could rest easy in Punta Arenas: “it was very cold”.

For his part, Fischer revealed that they had evaluated Talcahuano, Imschenetzky's jewel and his first casino, but they preferred not to do the project. After finishing the conversation, Velozo recounts in his report, the owner of Dreams told him: "well, I think we can be calm now...". He shook hands with his partner from Marina del Sol, and thus they sealed the pact that they would respect each other's places in the tenders. There were two weeks left for the auction. When Imschenetzky left, he says that he felt calm that Dreams would not dispute Talcahuano -or Osorno and Calama-, which is why it no longer made any sense to risk applying for Temuco, the compromise he adopted with Fischer and Wilhelm. After being consulted, Dreams declined to refer to the topic Safeguards of the Penquista businessman October 18, 2021 was approaching and the Marina del Sol team accelerated the machine to present the applications. The company's strategy was to formulate offers to maintain Calama, Osorno and Talcahuano, and dispute three new places: Talca, Copiapó and Temuco. However, there was a respect agreement with his competitors and, at least in Temuco, Imschenetzky could not propose an auction. The logical thing, says the report, is to stop working on that project to concentrate on the four renewal tenders, but it could raise suspicions and generate noise within the company: "the application for that position had meant an enormous amount of work in recent days". "Temuco's application served as a kind of safeguard against an eventual betrayal by Dreams, since the controller of Dreams was not precisely perceived as a trustworthy person," the document says.

In the days prior to the auction, the owner of Marina del Sol carried out an exhaustive monitoring in the respective Real Estate Registrars to verify if they entered registrations of new lease, purchase-sale or purchase-sale agreements, with the aim of developing development projects. gambling casinos of the Enjoy or Dreams companies formed to compete in the places in which the company was incumbent. In this context, three days before the date of the tenders, all the partners of Marina del Sol -Grupo Clairvest and the companies Valmar and Ilsa- communicated electronically to finish financially analyzing all the tenders and it was finally decided that they would not bid. by Temuco.

It was thus that the company finally respected the licenses of Dreams and Enjoy in all the bidding processes held on October 18, 2021. "Although there was moderate concern that Dreams would not respect the agreement with respect to Talcahuano, it was enough that it was imagine that, in the event of a possible lifting of the precautionary measure of the Mostazal tender, Marina del Sol would retaliate,” the report concluded.