Collaborators AreaCrimes of falsehood, fraud, and money laundering
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Accreditation of economic harm and knowledge of the illicit origin of the money
The Supreme Court (TS) has confirmed the judgment of the High Court of Justice of Catalonia that convicted a man and his partner for a scheme of fraudulent charges with cards through point of sale terminals (POS), using for this purpose bank accounts opened in different entities and, in many cases, false identities and falsified residence permits. According to the proven facts, the accused
created companies that actually had no activity, opened numerous bank accounts in various entities, and requested several POS terminals linked to those accounts. With those POS terminals, he made charges for "fictitious operations" using fraudulent cards (originating from the United Kingdom and Spain). Some of those charges were authorized and others were denied. The banking entities ended up suffering an economic harm after the reversal of operations and the refund to the cardholders. economic loss following the retransfer of operations and the return to cardholders.
Furthermore, the money was moved between multiple accounts through transfers and cash withdrawals, with the intention of complicating its tracing and giving it an appearance of legality. Therefore, in addition to forgery and fraud, the defendant was also convicted of money laundering .
In cassation, the accused argued, among other things, that there was not enough evidence of the harm and that the fake documentation was "crude", so the banks should have detected it. The Supreme Court rejects these arguments by validating the evidence used (witnesses and investigating agents, as well as documentation) and reminds that the responsibility for the deception cannot be transferred to the victims if the perpetrator achieves their goal.
The accused, for her part, argued that did not know that the money she received in her account (presented as paychecks) had an illicit origin . The Supreme Court upholds the conviction understanding that there are sufficient indications to conclude that knew or should have known the origin of the money. Therefore, the Supreme Court confirms the convictions and rejects the appeals.
In proceedings arising from acts that could constitute a criminal offense, our lawyers are at your disposal for the defense of your rightsCONTENIDO RELACIONADO
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Crimes of misappropriation and fraud
Misappropriation of amounts delivered to complete a housing promotion The case revolves around a real estate promotion in Riogordo (Málaga), consisting of 20 homes, managed by a promoting company. In the first stage, two people were listed as joint administrators (although one of them handled the daily management). Between 2008 and 2009, several homes were sold and buyers delivered amounts on account. Some were even given the keys, despite the fact that the work was not actually finished (it was said to be 90% complete), no deed was granted, and the construction company ended up abandoning due to non-payments. The result was that buyers found themselves living in houses without deeds and without a clear situation in the Registry. Some time later, those administrators sold their shares and a third person entered as the sole administrator. This new administrator was aware of the previous problem, but still asked some buyers for additional money (for example, 8,000 euros) on the argument that it was to complete the promotion. The relevant point is that this money was not used for what was promised nor was it returned. Furthermore, between 2010 and 2011, new sales of homes occurred under similar conditions, and later the entire set of 20 homes was sold to another company, generating a serious conflict between those who had bought earlier and those who appeared later as titleholders. The Provincial Court acquitted the first two administrators (it was not proven that they had diverted the money), but convicted the last one for aggravated misappropriation and fraud. The Supreme Court (TS) confirmed the conviction and rejected the appeal as it did not accept reopening the evaluation of the evidence and considered the denial of new documentation correct because it referred to subsequent facts and was not relevant to what was judged.
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Union law
The CJEU supports the Amnesty Law for normalizing the situation in Catalonia
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Gender violence
Illegal detention and attempted homicide
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