Room II has sentenced the six Ruiz-Mateos Rivero brothers (Zoilo, José María, Alfonso, Pablo, Francisco Javier and Álvaro) to two and a half years in prison for the crime of aggravated fraud, with special disqualification for the exercise of commercial activities and of commerce, and administration of mercantile companies, during the time of the sentence, and a fine of 24,000 euros each, in relation to the purchase of two hotels, one in Mallorca and another in San Bartolomé de Tirajana (Gran Canaria). The sentence partially upheld the appeal of the six brothers and reduces the punishment imposed on them by the Audiencia of Palma de Mallorca in July 2017, which ranged between 5 years and 11 months, and 6 years and 6 months in prison for each of them .
The Provincial Court of Palma already considered proven that the brothers "they appeared to have a solvency that did not really exist" to get hold of two hotels by means of the payment formula deferred by some 11.6 million euros. The solvency of Nueva Rumasa "rested on mud feet" the judges affirmed in their sentence, arguing that the brothers were looking for financing acquiring assets, asking for credits buying new assets with those credits to cancel the previous ones. The six brothers blamed the "generalized economic crisis" of the defaults of the founder of Nueva Rumasa with the sellers of the establishments, in an operation in which his six children are listed as guarantors with several companies of the group such as Dhul and Clesa
The reason for the reduction is that the Supreme Court, on the one hand, annuls the sentence to the six defendants for the crime of raising property, for which they had been convicted by the Audiencia de Mallorca, considering that there is no merit to estimate that was committed. And in the second place, the Court understands that the aggravating circumstance, foreseen for the crime of fraud, does not occur if it was committed with abuse of the existing personal relationships between the victim and the fraudster, or taking advantage of it (in this case the Ruiz-Mateos brothers). business or professional credit.
However, the ruling does maintain the aggravation of the scam in article 250.1.6 of the Penal Code in force at the time of the events, due to the seriousness of the damage caused by exceeding by far the limit of 50,000 euros that currently governs this aggravating circumstance, and It was previously 36,000. Therefore, he understands that it was a scam of special gravity in this regard.
The Supreme Court, in a sentence of which the magistrate Luciano Varela has been a speaker, does not modify the remaining pronouncements of the Audiencia de Mallorca, which condemned, in concept of civil liability, the six defendants to jointly and severally compensate 16 affected by the operation in more than 46 million euros, with civil liability subsidiary of the companies Clesa, Grupo DHUL, CARCESA and Wersdale Trade Spain.