A couple will be tried next week by the Sixth Section of the Provincial Court for alleged crimes of misappropriation and fraud against the company of which he was the administrator, Vista Properties SL.
The Prosecutor's Office puts the damage to its partners at more than half a million euros, including “unjustified” withdrawals from the accounts and the sale of a property, which was transferred to his wife's name without then handing over the money to the company.
According to the indictment, R.P.C.B. began in 2002 by transferring amounts of money from the company to other accounts opened in his name, reaching a total of 55,634 euros in four years.
In addition, during that same period he made payments and transfers to the entity Park Office S.L., of which he was also a partner, for the amount of 228,781 euros, “without any justified cause being recorded either.”
The third operation is the one involving his wife, H.M.B. At that time, the accused was no longer the sole administrator of the company, as he had been removed from the position a few days earlier. However, on October 19, 2006, he signed a sales contract before a notary, “invoking the condition of sole administrator of the entity,” which he no longer held.
Thus, he sold his wife a single-family home owned by the company for a price of 400,000 euros. The deed stated that he had previously received the amount of 198,228.35 euros, and that the rest would be compensated by the buyer subrogating the mortgage that weighed on the property. However, according to the Prosecutor's Office, he neither deposited the almost 200,000 euros in the company's accounts, nor was the subrogation of the mortgage loan assumed.
In addition, it points out that the tax corresponding to the IGIC, which amounted to 20,000 euros, was not settled either. Thus, the Public Prosecutor's Office demands that the accused compensate the company with 502,643 euros, to which it warns that it will be necessary to add what corresponds to the installments of the mortgage loan that the company had to continue paying after the sale of the property, plus the corresponding interests.
His wife must respond jointly and severally for that sum, in the amount related to the home, where she considers that she participated as a “necessary cooperator” in a crime of fraud.
For her, the Prosecutor's Office is asking for two years in prison and a fine of 2,400 euros for that crime, while for R.P.C.B. it is requesting 4 years in prison and a fine of 3,000 euros for the crime of misappropriation (the writing does not specify how much it is requesting for the other).
In both cases, it has applied as a mitigating factor the undue delays in the processing of this case, which began 16 years ago. In this regard, it emphasizes that it was “paralyzed” from July 8, 2010 to April 21, 2016, awaiting an accounting expert report.