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esta accused hoarding assets real closure couple court judges

The Court judges a couple accused of hoarding assets after the closure of a real esta
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The Court judges a couple accused of hoarding assets after the closure of a real estate agency in El Cotillo
The Prosecutor's Office is requesting 18 months in prison and a fine of 67,500 euros for each defendant for allegedly obstructing the execution of a judicial debt.

The Second Section of the Provincial Court of Las Palmas holds this Tuesday, June 10, the trial against two people, identified as A.J.V.D. and A.M., accused of an alleged crime of hoarding of assets related to the activity of a real estate company in El Cotillo.

According to the indictment of the Prosecutor's Office, both defendants, of Belgian and Italian nationalities and united as a common-law couple, would have acted in concert to prevent the execution of a judicial debt issued against the company Arcotrust Property & Investments SL.

The company, managed by A.J.V.D., was ordered to pay 37,882 euros in favour of the company Erbaniland SL, plus other amounts for interest and costs, according to an enforcement order issued in March 2019.

The prosecution maintains that, in order to avoid the collection of said debt and continue with the same real estate activity, the defendants formally ceased the activity of Arcotrust on April 15, 2019 and resumed the operation of the business from the same premises, with the same furniture, commercial name, customer portfolio and social networks, but in the name of A.M. as a self-employed worker.

According to the Public Prosecutor's Office, this change of ownership "illicitly and definitively" frustrated the judicial collection proceedings.

The Prosecutor's Office classifies the facts as constituting a crime of misappropriation of assets, provided for in article 257 of the Criminal Code. The Public Prosecutor's Office attributes to A.J.V.D. the authorship of the crime and to A.M. the status of necessary cooperator.

The Public Prosecutor's Office is requesting for each of the defendants a sentence of 18 months in prison, a fine of 15 months with a daily fee of 150 euros – which means a total of 67,500 euros – and disqualification from the right to stand for election during the time of the sentence.

In addition, it requests that both parties jointly and severally compensate the injured party for the damages caused, the amount of which will be determined in the execution phase of the judgment and updated in accordance with Article 576 of the Civil Procedure Law.
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