The Prosecutor’s Office describes the alleged fraudulent operation that would have led to the embezzlement of about 300,000 euros
MADRID, 8 Ene. (EUROPA PRESS) –
The National Court (AN) judges from this Tuesday two accused of fraud and unfair administration for simulating the sale of practically the entire stock of the products offered by their company, consisting mainly of safes, locks and mini bars for hotels .
In its provisional conclusions brief, collected by Europa Press, the Prosecutor’s Office requests for José María P.C. and Luis B.G. respectively a six-year prison sentence for the crime of fraud and another six years in prison for unfair administration. In addition, the Public Ministry requests that both jointly compensate the injured entities.
The Prosecutor’s Office focuses on the company Safe Security Rent, a company incorporated in Mexico in 2003 and whose capital was 100% subscribed by the Spanish company Casavilla S.L. Its corporate purpose, explains the Prosecutor’s Office, was the commercialization and installation of boxes safes, high-security boxes, locks and minibars in hotel establishments and technical assistance and after-sales service for these products.
These products were manufactured in Spain mainly by the BTV company, a Spanish company dedicated to the manufacture and sale of safes. For its part, the company Omnitec Systems S.L. was incorporated in Spain to distribute the aforementioned products. The shares of the latter were subscribed mainly by the defendant José María P.C., who is listed as its administrator.
He himself also had the general power of administration of Safe Security Rent –the Mexican company– since 2008, when the then administrator granted him this power. A few years later, in 2013, the other defendant, Luis B.G., was appointed manager of the same, having management and administration powers that included the opening of bank accounts and the authorization of sale of goods and services, so that could manage the company in the Central American country autonomously.
According to the Prosecutor’s Office, both defendants agreed to remove the company Safe Security Rent from the business that it carried out in Mexico for their own benefit. “To do this, they simulated the sale of practically the entire stock of the products of the business activity -consisting mainly of safes, locks and mini bars for hotels- deposited in their warehouses in Mexico, so that they were finally acquired by the subsidiary created ad hoc,” he says.
The sale would have been formalized in March 2017 in favor of a third party, an intermediary in the operation and unrelated to the purpose of the business activity of the Mexican company. The sale price stated on the invoice was $297,315.44, while the market value of the products was $595,845.76.
Thus, that third party resold the products purchased for the same amount to the subsidiary created ad hoc. The difference in value, according to the Public Prosecutor’s Office in its letter, was $298,530.32.
Subsequently, the brief concludes, the defendants incorporated most of the Mexican company’s staff into the subsidiary and began to carry out the same activity that Safe Security Rent had been carrying out through this new company.
