The Provincial Court of Madrid has sentenced lawyer José Emilio Rodríguez Menéndez to 4 and a half years in jail for the crime of defrauding varied buyers with a false oil shopping for and promoting enterprise in Buenos Aires. The conviction can also be for a criminal offense {of professional} intrusion and usurpation of features, since on the time of the deception he was suspended by the Bar Association, a indisputable fact that he hid when presenting himself as a lawyer. The sentence, to which NIUS has agreed, sentences him to a few years for the crime of fraud and one other 12 months for intrusion and usurpation of features, in keeping with the sentence to which NIUS has agreed. To the prison punishment we should add an financial one: 4,000 euros of advantageous for the crime of aggravated fraud.
In addition, he should compensate his three victims with greater than 117,000 euros. Two of them will obtain 33,100 every and the third 37,500. To this, we should add 13,695 euros to compensate for journeys to Argentina and different bills. The sentence comes after an oral listening to by which there have been a number of suspensions “for causes of the lawyer’s well being.”
The legal professionals for these affected requested as much as 42 years in jail by charging Rodríguez Menéndez with as much as 9 crimes, together with prison group, doc falsification, misappropriation and cash laundering, one thing that the courtroom has rejected.
In the sentence, for which Judge Ricardo Rodríguez has been a speaker, he’s acquitted of those crimes. In addition, it’s left with out assessing whether or not the convicted individual abused the best to provoke proceedings towards the witnesses to intimidate them. The matter will not be analyzed as a result of the courtroom says that there was an “accusatory deficit” on the a part of the accusations by not presenting or requesting an investigation of the procedures opened by Rodríguez Menéndez
A previous with condemnations
Rodríguez Menéndez is a well-known lawyer within the courts of our nation, not solely as a lawyer. Behind his again he has two convictions for crimes towards privateness and one for defrauding the treasury. The conviction for a tax offense was in 2005, however when he was ordered to enter jail, he fled to Argentina, the place he ended up being arrested and imprisoned, though he was launched.
Rodríguez Menéndez, detained in ArgentinaLeo La Valle
The prosecutor studies that the lawyer contacted an investor to whom he proposed a enterprise for the acquisition, sale and provide of oil from the state firm YPF in Buenos Aires. The excessive profitability of the supposed enterprise and a few faux contacts in Argentina have been the bait that he put to the purchasers. He supplied himself as an middleman and requested them for cash. Three buyers made a number of deliveries to succeed in 11,000 euros for a enterprise that by no means happened.
faux firms
The first cost is made on July 2, 2014 with supply to the defendant of the quantity of 4,700 euros in money. Said sums of cash are delivered in an effort to cowl the bills for the structure of three firms, social capital, cost of taxes, journey and different ideas.
All this “being the defendant who would legally characterize stated firms and would additionally course of and handle the vitality provide enterprise mission.”
“These three firms could be constituted so that by them the acquisition/sale and provide of oil with the state vitality entity YPF2 could possibly be carried out,” the letter states.
The prosecutor factors out that the defendant, guided by the aim of acquiring unjust enrichment, “as soon as the quantities have been obtained, he didn’t deposit them in any monetary establishment and stored them for himself.”
The firms weren’t registered within the AIFP (Federal Administration of Public Revenues of the Republic of Argentina) and weren’t registered within the CUIT (Unique Tax Identification Code that’s used within the tax system of the Argentine Republic to have the ability to unequivocally determine autonomous pure or authorized individuals, topic to tax).
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