18 Apr 2010 4:18 PM:
Latest news of the arrests of Antonio Martinez and his partner Raffeal. (Taken from the spanish newspaper la verdad)
"Please, please, please ... Do not send me to prison, sir. Please, please ... If necessary I stand every day of my life before the Civil Guard, but do not send me to prison. Please, please ...». It was past one o'clock on Saturday when Rocío Fons Thomas, head of the Investigating Court 2 of Mula, the judge investigating alleged crimes of fraud and misappropriation around urban project of Trampolin Hills Golf Resort in Campos del Río , informed Antonio Martínez, popularly known as 'El Gitano', what was his decision: the order of avoidable imprisonment, with bail of 600,000 euros (one hundred million pesetas).
The developer collapsed: "I cannot pay that money, sir. I have no money. Do not send me to prison. Please please please ...», repeated, as if reciting a mantra. There was pain and fear in his eyes. Your partner and friend, Rafael Aguilera, who had been in the same car and in whose company entered a little later in the prison of Sangonera, reciting his own 'prayer': 'But if I all I did was work thats all I've ever done ...».
The case for Antonio Martinez and Rafael Aguilera had begun to paint a very black picture early on Thursday, at the time that agents of the Judicial Police of the Guardia Civil were presented at their respective homes in Sucina road and informed them of their custody. After two years of judicial inquiry if the judge had given orders to bring them in handcuffs then t hat was because he knew that it was time to take a qualitative leap in the investigation of the case.
After an entire day by taking their statement and of the stepdaughter of Anthony and alleged 'front man' you, Silvia RM, arrived about midnight at the delicate moment: the appearance in which Rocío Fons would decide what action taken against the three detainees.
The prosecutor, who did not oppose that she be released, called for the imprisonment of the two partners, first by the gravity of the facts against them-about crimes of aggravated fraud and misappropriation by that could become sentenced to a maximum of 16 years in prison, and also considering that there could be an escape risk.
Nevertheless, considering that both have family roots in the region, did not oppose that could avoid incarceration if they paid a high bail, and said the estimated figure of 800,000 euros per head.
The lawyer of the two suspects, José Antonio García Sánchez, opposed to this request with all legal weapons at their disposal: denied that the acts attributed to Antonio Martinez and Rafael Aguilera may be included in the criminal type of scam, as it ensured that His will has always been to build the development and external circumstances that were thwarted the project, said his clients could not pay the bond in any way and that this would make an order as "inevitable prison," and insisted that no There is no risk of escape, as it would have been demonstrated by the fact that in the two years since the alleged fraud being investigated they have been presented several times to testify and have attended fifty civil trials.
Furthermore, after counsel he picked up a very unusual legal action, to ask a witness in this case at this action who is called Pedro Bascuñana and is an accountant, who has worked for Hills Trampoline and said he never found that the money delivered to the customers, accounting for up to 53 million euros, had been used for purposes other than to promote urbanization.
Millions
ACCOUNTS OF SOME OTHER
The judge was not convinced by the arguments of counsel and ended up dictating paths of detention orders and circumvented bail of 600,000 euros. In its order, the instructor points out that society both mounted Trampolin Hills Golf Resort SL, "without more goods than the mandatory $ 3,000," and who used his business network to pick between mid 2005 and until 2008 a number of clients in Spain and abroad, mainly the UK, to sell homes in Campos del Rio and other promotion planning in Albudeite.
Also review the land for both projects were of rustic nature, since they had not been reclassified, and in some cases were not even a formal offer yet, "to have only one option on them."
The judge explained that the received money on account of those buyers was not put in a special account, (except a small amount), as required by law or given legal guarantees, granted by these amounts, as they did it with documents issued in the name of Grupo Trampolin itself or Finantial Swiss Corporation, a 'market stall' financial group unauthorized to work in Spain.
The clients' money used by the company "as a means to finance its own activities."
The same operation was repeated with the urban background, by Antonio Martinez and Rafael Aguilera, in the town of Albudeite, where he later began to promote a housing development of 330 luxury villas. Also in this case took advance payments, around 25,000 euros per buyer, however we do not have built the houses.
The instructor finally emphasizes that Solera el trampolin account , which came to be 4.6 million euros in just three days was taken outt nearly three million euros, "of which the defendant has failed to say where is their destiny. "
This is not exactly true, as this newspaper has found that, in his statement, Antonio Martinez said at first not to remember those outgoings of money, but then said that two million had been earmarked to pay a land Campos del Rio and the remaining one million had joined the Treasury to pay VAT.
Fear for your life
A gun found
If the situation was delicate enough for Antonio Martinez, there was still more for his partner, as the Civil Guard had been located, during the search of his home, a gun brand 'Glock' in a drawer in the table night. Rafael Aguilera, has no license and for that reason also faces a charge of illegal possession of weapons.
Aguilera confessed that he had recently acquired this gun, after being the victim of a serious threat to his life by clients who wanted their money back and supposedly, they pointes a gun in the head and forced him to a car. He was released by a Civil Guard patrol, who had been alerted by an employee of Grupo Trampolin.
As regards the stepdaughter of Antonio Martínez, Silvia RM, the judge decided to grant freedom, the only obligation to report once a month in court. So much for his statement as that of his stepfather became clear that the work of this young girl in the promoting companies was purely instrumental and merely appear as a partner and manager, simply because Antonio Martinez asked. "I signed for four or five times where I was told," he acknowledged.
A bond 'poisoned'
IN SEARCH OF HIDDEN MONEY
He has done so consciously or not, the fact is that the decision of the judge to impose fines of 600,000 euros paths Antonio Martinez and Rafael Aguilera is a measure 'poisoned'. If both say, as we have done, that they cannot afford to pay it, remain in prison for a while, at least until the District Court decides otherwise, if they choose.
And, conversely, if they bring that money to the court, it could be interpreted in practice as they have large amounts of hidden money, which would have deviated from the planned developments, and could become a sign of the alleged misappropriation.
In these circumstances, the evidence is that both will remain in prison for a longer or shorter time, at least two or three weeks is the minimum time that the Court usually takes to see and determine appeals of cases involving prisoner. The two partners will have to be left to think about it.
Community thread:
Is anyone making progress with legal action?
--------------------------------------