Section Six of the Provincial Court of Las Palmas will try a man in Arrecife next week accused of defrauding his partners in a company on the island of almost half a million euros. His wife will be in the dock with him, who allegedly intervened in one of the operations.
The Prosecutor's Office considers R.P.C.B. the perpetrator of a continued crime of misappropriation, for which it requests that a sentence of 4 years in prison, and another crime of fraud, be imposed on him. As for his wife, she is considered an “essential collaborator” in the crime of fraud, and she is requested to serve two years in prison.
For both, it has applied as a mitigating factor to reduce the penalties the “undue delays” in the investigation of the case, which was paralyzed for almost six years, between July 2010 and April 2016, waiting only for an accounting report.
In addition to the prison sentences, the indictment also demands that each of them be fined 3,000 and 2,400 euros respectively, as well as the return of the money. Specifically, it asks that R.P.C.B. compensate one of the companies with 284,415 euros and the other with 218,228 euros. As for his wife, the Prosecutor's Office asks that she respond jointly and severally for the second sum.
Money transfers to your personal accounts
The events began in 2002, when one of the companies was incorporated and R.P.C.C. was appointed sole administrator. According to the indictment, from then until 2006, “with the intention of favoring third parties and himself, and with full knowledge of the economic damage caused to both the managed entity and its partners”, transferred different amounts of money “from the company's accounts to others opened in his name, without any cause for such operations and without accounting justification”. In total, the money he diverted to his personal accounts through this channel reached 55,634 euros.
In addition, he made other “payments and transfers, without any justified cause either”, to another company of which he was a partner, for the amount of 228,781 euros.
To these alleged misappropriations, the Prosecutor's Office also adds a crime of fraud in the sale of a home. At that time, in October 2006, the accused had already been removed from his position as administrator of the company, but even so he went to a notary invoking that condition to be able to carry out the sale on behalf of the company. And the buyer was his wife.
The price they set was 400,000 euros, “with subrogation of the mortgage burden that burdened the aforementioned home”, and the deed stated that the seller had previously received the amount of 198,228 euros. However, that amount was never deposited into the company's assets, nor was the tax corresponding to the IGIC liquidated - which the company had to respond to - which amounted to 20,000 euros. In addition, the buyer did not assume the subrogation of the mortgage loan, so the company had to continue paying the installments.
The Prosecutor's Office also asks that both defendants compensate the company for the amount of those mortgage payments, although in this case it does not determine the amount, referring to what is determined in the sentence execution phase.
