State Prosecuter demanding 4 year prison sentence for Rafael Aguilera

Well ... after some four years of "battling" it would appear that Rafael Aguilera is finally getting the "comeuppance" he so "richly" deserves! Having defrauded myself and my wife of a not inconsiderable sum of money the State Prosecutor has finally decided he is seeking a term of imprisonment totalling four years for his crimes and has to repay the money he has stolen. Fortunately in Spain this debt will stay with him until he pays ... what a pity he did not do so years ago for his own sake. Right now even his two friends / residents at El Trampolin will not be able to save him AND I DO NOT MEAN HIS TWO BUSINESS PARTNERS!

I think we will find that the whole web of corruption between Martinez, Aguilera and Mans together with their criminal associations with CAM Bank will unwind very quickly now.

 Dear Andrew, 

May I say a big well done ... after much tenacity and no doubt a great deal of stress I can see your long road is coming to an end .Its good that you have kept everyone updated on the progress as it shows that sitting back and hoping the lawyer you appointed will work miracles for you its another hopeless venture . I see you have been very vocal in your approach and not let the situation out of the public eye which has produced a great result.

I have always belived that Aquilera and Martinez are NOT the main players in this fraud and someone much smarter is behind this and its good to see you also feel that way - maybe one day we will all find out who the puppet master really was- suggestions on a postcard   lol

....

good luck

 Hi Andrew,

Really pleased that it looks like you're finally going to get justice after so many years of hard work and heartache.

Just wanted to clarify - the prosecutor has decided that a fraud has been comitted and a 4 year sentence is what will be sought, but at what actual stage in the legal process is this at? Has Aguilera actually gone to trial yet? Has a date been set for his trial?

Would be good to know when all of this will finally come to a head!

Best of luck.

The Court process in Spain is totally different to that which we have here in the UK and so as such the various stages and procedures are somewhat (a) convoluted and (b) difficult to appreciate. Civil litigation is handled through the Mercantile Courts (as was my original claim against Solera) and when the “Criminal” element became apparent a completely new and separate process was begun … a “Querella Criminale”. Unlike the UK this is investigated by the COURTS and NOT the POLICE. This is the long winded and time consuming part of the process and in my case has taken just over 3 years.

The “Plaintiff’s” case is presented by the Lawyer to the Court in the form of a “complaint” (Querella) to which the “Defendant” (Aguilera) makes his Defence in exactly the same way as you would to any Court in front of the Judge. Together with his witness’ he has the opportunity to make sworn testimony to the Courts which in this case formed a “denial”. Interestingly Antonio Martinez would NOT speak as a witness and so instead Aguilera called Andrew Wild (a man who claimed to be a friend and yet physically threatened me for resisting the sale to Mr and Mrs Philips), Richard Cummins … a man whom I have never met and who claims was asked by me to sell the house, Maria from the office who was forced to admit she had no part in the transaction and then of course Mey. Mey too I understand agreed that I held a valid contract for the property and had paid over approaching 200,000 Euros for its purchase. The Court, naturally found in my favour with Aguilera remaining silent when asked why he did not repay the money. However neither my wife or I were required to be present at any of this and so I am relying upon the Judge’s transcript / Judgement.

In Spain the Defendant can Appeal … Appeal the Appeal and then again Appeal again and Aguilera did just that!.  The Court papers are then handed to the State Prosecutor (a bit like the CPS here in the UK only much more so) and he concluded that not only was Aguilera guilty of fraud (Estafa) but that he had absolutely no defence stating that there were no “mitigating circumstances” upon which Aguilera could rely. This ruling was made by the State Prosecutor on 13th February immediately after Aguilera’s final appeal was rejected. Following the Prosecutors initial demands he obviously reviewed the case and viewed it more seriously and so increase the Prison sentence demanded from 3 years to 4 years along with a demand for the return of all the money paid PLUS interest PLUS costs which I believe is in some way guaranteed by the Administrators of Solera, Abogados Monzón though I could be incorrect about that point. This of course does NOT obviate Aguilera’s requirement to pay AND GO TO PRISON. If he does not he will be made Personally Bankrupt and in Spain that means for life … his business career and ability to defraud others at an end.

Sadly that is not quite the end of the matter; both sides had 20 days to respond to the State Prosecutor … my Lawyer did but I believe Aguilera’s did not; then again what could he say! It would then be considered normal for the Defendant to attempt some form of negotiation with the Plaintiff in an attempt to mitigate what the final outcome will be. Aguilera has not done this I guess preferring the “hospitality” of 4 years in a Spanish Prison! The final part of the process will be when all parties will be required to repeat their positions (at which point I will meet for the first time the man I am supposed to have asked to sell my house along with “my friend” Andrew Wild who attempted to threaten me). However, given the fact that it has already been ruled that there were no mitigating circumstance and the “Estafa” is very clear … Aguilera DID sell my house and DID keep the money the final outcome is beyond doubt. Aguilera personally will have to repay the stolen money and will have to spend time in Prison. This is more than likely going to take place either at the end of July or early September.

A bit “long winded” but with the process being so “convoluted” it does require a degree of explanation. Thank you for your kind words of encouragement. Regards Andrew Wilford
 

I have been asked by others following this particular case against Aguilera if it includes an action for fraud over the forged document presnted to CAM Bank to gain the illegal Mortgage on my property. The answer is NO ... that will be a seperate action in which the forged doument will be presented to support both mine and others in their action against Aguilera and CAM Bank. Any Court sentence for this applied for a second fraud conviction will run consecutively and NOT CONCURRENTLY.

 Really encouraging news. Let us hope that that the whole scandal around Trampolin will now unravel.

Well at last Aguilera has complied with the Court’s deadline (7^TH June 2012) and filed his “Defence” of the crime of “Double Selling” a property. Interestingly enough at an earlier Hearing he did in fact admit to the crime … the mere fact that he went to the Notary to sign the title Deeds in favour of Mr and Mrs Philips being an absolute admission of the crime! His defence which is also presumed to cover the “Bail Bond” (Fianza) demanded by the Court of 200,000 Euros being that he has “no money” and all his assets are in heavily Mortgaged Property! Not really much of a Defence! Maybe he should try repatriating the money he has placed in his Bank Accounts in Belgium … where I believe some the rental payments are placed from the Commercial units on El Trampolin!