The criminal chamber of the Supreme Court has sentenced to six years and six months in prison the lawyer from Valladolid Antonio Santiago VQ as the perpetrator of a crime of fraud worth 700,000 euros to the person of an elderly man, with which he discounts six months the penalty initially imposed, after the appeal filed.
According to legal sources informed Europa Press, the High Court only reduces the penalty by six months to apply the mitigating of undue delay, since it considers that the judicial process was delayed in excess. The victim’s lawyer has announced that he will immediately request the prisoner’s entry into prison.
The Audiencia of Valladolid imposed a penalty of seven years in prison to the lawyer as the perpetrator of a continuous crime of fraud worth 700,000 euros between 2003 and 2008 in the person of a cornflower, almost blind and deprived of his mental faculties, through different refinancing operations of the latter’s debt, through the signing of up to 18 exchange mortgages, which converted the lawyer into its main creditor.
In its decision of September 2017, the Fourth Criminal Section considers
the culpability of the lawyer proven and, in addition to the aforementioned prison sentence – the prosecutor had requested eight years for him and the private prosecution 17 – resolves to impose a fine of 12,600 euros, his disqualification for the exercise of the profession for seven years and, in addition, agrees to decree the nullity of all exchange mortgages formalized under deception.
The son of the now condemned, AVG, who shared a bench with him accused of the same facts, for which he was exposed to six and a half years and 17 years requested by public and private accusations, respectively, was acquitted of all charges.
The sentencing court based the conviction of his father on the concurrence of all elements of the crime, “because it is not simply a case of loans with usury, it is a conglomerate of actions with the appearance of a loan (in most of the cases do not even get to produce the loan of the money), and that in all the activity displayed by the defendant attends element of the deceit “.
The trial was held in July 2017. Both the prosecutor and the private prosecution
exercised by the lawyer Ignacio Vegas Nieto argued that Antonio Santiago VQ has been acting for years against third parties through the instrumental companies Inversiones Multiformes SL and Exchange Mortgage Managers SL, through which I contacted people with debts of considerable amount and negotiated with them their refinancing, thereby becoming a creditor of the same helped, “with full knowledge of the way to act”, by his son , extreme, the latter, which does not consider the court proven.
In addition, there is no regulated activity of the aforementioned companies nor regularity in their tax returns. They appear as administrators of the same “interposed” people without any capacity for decision, since father and son are the ones who make all the decisions related to the activity of those societies.
CONTACT WITH THE VICTIM
In the present case, the alleged victim of the accused is JLGB, already septuagenarian when the facts began and with an important real estate heritage – he owned 50 percent of the building located at number 21 on Gamazo Street, manager of another 33% of the same as tutor of one of his daughters and owner of another floor in the Paseo de Zorrilla–, although he suffered an illness that ended in his incapacitation by court order in 2010.
The contact of the latter with his alleged swindlers occurred as a result of the old man endorsing a friend in a credit of 35,000 euros for the purchase of a car that was unpaid by the second, so that the bank ended up executing both.
It was from there when ASVQ and his son, aware of auctions and executions, knew the problem of the old man and his friend and took advantage of this situation to always, according to the accusers, cheat the septuagenarian making him believe that they were going to solve the setback giving him a loan, when what they really did was subrogate in the position of the bank to continue executing the deceived and force him to renew one after another more exchange mortgages, and so up to a total of 18, very short term and with an average APR of 75%
The transactions were subscribed through the instrumental companies of the two defendants and on the Gamazo 21 street property, so that the companies are the main creditors of the victim for a total amount of 700,000 euros, including mortgages, interests and costs. , which have been canceled.