A court in Arona investigates an alleged fraud for a payment of 345,000 euros to a fictitious real estate agency



The Criminal Chamber of the Supreme Court (TS) has decided that it be a court of Arona (Tenerife) the one who investigate an alleged scam of €345,100which correspond to the volume of transfers made by a citizen living in Germany to a real estate what turned out to be fictional.

With that money he wanted the company to manage the sale of two apartments owned by the victim and which are located in Mallorca.

The facts start from a complaint for alleged fraud that led to the beginning of the investigation in a court in Valencia and that basically takes the form of different amounts of money sent from Germany to manage this real estate operation.

A total of 22 transfers were made, of which only two were sent to bank accounts domiciled in Salou, in Tarragona, and the rest to banks located in the south of Tenerife that appear in the name of a single owner.

The alleged perpetrator of the scam would be the person in charge of a real estate company that would allegedly have its headquarters in Valencia and that has web pages with traces in Panama and India and some telephones, with Valencia prefixes but that according to the investigation carried out in that city ​​were virtually generated.

In fact, they are not even related to the latter town, and they would have in common that they appear registered in the name of the same person who lives in Madrid.

Until now, it has been possible to identify and document the accounts in which these transfers were received, which correspond to another person who resides in Costa Adeje, in the south of Tenerife.

But the police proceedings aimed at locating the companies, both in the Mercantile Registry, and in the supposed headquarters of Valencia, have not yielded any results.

For this reason, the Valencian court agreed to disqualify itself in favor of the number one of Instruction of the South of Tenerife, from where the proposal was rejected on the understanding that “the mere fact that the greatest number of transfers made by the victim have been made to accounts located in this judicial district it is not conclusive to attribute the investigation to the courts of Arona”.

It is also argued that the first place where the initial patrimonial disposition to the detriment of the cheated citizen was consummated was in Salou, so the investigation must be carried out in that judicial district. The court of Arona rejects the inhibition that came from Valencia.

The Supreme Court points out that from the south of Tenerife it should have been taken into account that the courts of Salou are oblivious to the issue raised, and for this reason the case was referred to Valencia, which would have nothing to do with the facts denounced either.

The Tenerife courts admit that crimes of fraud committed over the Internet are understood as consummated in all places where there are indications, so that the competition will fall on those in which the police investigation may have a greater chance of success.

They add that this is the case especially from those enclaves in which it is possible to operate on the computerized computers in which the instruction is effective.

To which the Supreme Court points out that precisely in this specific case it turns out that it is to the south of Tenerife where most of the transfers to four different banking entities, made by the victim from Germany with the consequent patrimonial damage, typical of the Crime of fraud.

It would also be in Costa Adeje where the person allegedly responsible for the fraud resides, which would facilitate the investigation, as defended by the Public Prosecutor, who supports the decision that the courts in the south of Tenerife be the ones to deal with this plot, given that the authors of the same have set up a farce by assuring that the company is located in Valencia, when in fact it has been proven that it does not exist.

Therefore, the criterion is imposed that the facts be clarified in the place where most of the money obtained fraudulently has ended up, and therefore from the courts of Arona.



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