Judge Clears Barbachano Family in Hotel Fraud Case

Cancún, Quintana Roo — A federal judge has exonerated the Barbachano family in a high-profile legal dispute over the ownership of the Mayaland and The Lodge at Chichén Itzá hotels, declaring that the alleged fraud never occurred. The ruling marks a decisive turn in the case, canceling arrest warrants and dismantling prior legal actions.

Legal Battle Over Iconic Hotels Takes Dramatic Turn

The conflict stems from a criminal complaint filed by businessman Rodolfo Rosas Moya in Cancún, accusing Fernando Barbachano Herrero and his two U.S.-citizen sons of fraud related to a purported purchase agreement for the hotels. The complaint, allegedly orchestrated in collusion with former Quintana Roo prosecutor Montes de Oca—later dismissed by Governor Mara Lezama over corruption allegations—led to judicial actions deemed irregular, obligating the state to compensate damages inflicted on the defendants.

The Quintana Roo prosecutor’s office, exceeding its authority, ordered the seizure of the hotels and secured arrest warrants against the Barbachano family. Defense lawyers argued the seizure was misapplied, as the National Criminal Procedure Code reserves such measures for preserving evidence of a crime, not dispossessing property in fraud allegations.

Key Turning Points

On February 17, 2022, the Yucatán Prosecutor’s Office executed the seizure. Hours later, an armed group allegedly sent by Rosas Moya forcibly took control of the properties, unlawfully displacing the operating company, Posada Chichén Itzá, S.A. de C.V. The hotels have since been occupied by Hotel Ikal Chit, a company linked to Rosas Moya’s Inmobiliaria R4.

The Barbachano legal team filed an injunction, which the Eighth District Judge in Cancún granted after determining the allegations did not constitute fraud or any other crime. The ruling nullified the arrest warrants and established a binding legal precedent.

Ongoing Legal Maneuvers

Despite the Quintana Roo Prosecutor’s Office lifting the seizure on September 26, 2023, and a Cancún judge dismissing the case, Rosas Moya filed another injunction in Yucatán, paradoxically challenging the jurisdiction of the same Quintana Roo authorities he had initially engaged. A substitute judge granted a suspension to maintain the seizure but clarified that possession of the hotels should not revert to Rosas Moya.

Posada Chichén Itzá retains operational control under federal law, which prohibits shuttering legally operating businesses during seizures. With the case now under Yucatán’s jurisdiction and the federal ruling confirming no crime occurred, legal experts expect the prosecutor’s office to formally drop charges, lift the seizure, and restore the properties to the Barbachano family.

Pending Investigations

Meanwhile, investigations into Rosas Moya and his lawyer for alleged dispossession, fraudulent administration, and money laundering remain unresolved. Legal analysts emphasize that failure to prosecute these claims could heighten the state’s liability for violating victims’ rights, as affirmed by the Supreme Court in a recent ruling (Direct Injunction 35/2024, August 13, 2025).

The case underscores broader concerns about prosecutorial overreach and the misuse of legal mechanisms in property disputes.