The Las Palmas Public Prosecutor's Office has requested strong measures against Manuel Santana Cazorla for alleged abuse of power in Anfi Sales, one of the companies of Anfi de Mar, the time-sharing complex that has Lopesan's legal services in a bind in its assault on this business and where Santiago Santana Cazorla resists control.
In the order, to which Maspalomas24H has had access, the Prosecutor, in the abbreviated procedure number 2532/2018, derived from the preliminary proceedings with the same number, has requested the opening of an oral trial, to be held before the Provincial Court, regarding the accused ARG, MSC and MFGZ. The accusation is based on several provisional conclusions. The accused ARG, of legal age, was appointed on March 29, 2012 as Institutional General Director of the Anfi group, without a written contract regulating his conditions. On April 10, 2018, at a General Meeting of the Board of Directors of Anfi Sales SL, the accused MSC and MFGZ voted in favor of terminating the contractual ties with ARG and, abusing their positions, decided to pay him 780.940 euros, with 718.464,80 euros being transferred to Banco Sabadell.
Second, on April 10, 2018, at the same meeting, the defendants agreed and signed that ARG would be hired as a strategy advisor to the Anfi group with a fixed remuneration of 144.060 euros, to be paid in 12 monthly instalments. The company Grupo Santana Cazorla SL owns 50% of the share capital of Anfi Sales SL, while FTD, AST, SST and VST own 42,94% of the share capital of Grupo Santana Cazorla SL. ARG was convicted on January 23, 2019 of the crime of habitual abuse and gender-based violence, with sentences of prison, disqualification, prohibition of communication and community service.
Third, the facts described are considered to constitute a crime of unfair administration, according to article 253 in conjunction with article 250 of the Criminal Code. The indictment establishes that the defendants are responsible as perpetrators of these crimes, in accordance with articles 27 and 28 of the Criminal Code. No circumstances have been found that modify the criminal responsibility of the accused.
Fourth, the Prosecutor requests the imposition of a sentence of 3 years in prison and special disqualification from the right to passive suffrage for the duration of the sentence, according to article 56 of the Criminal Code. In addition, a fine of 10 months with a daily quota of €50 is requested, with subsidiary personal liability of one day of deprivation of liberty for every two daily quotas not paid, according to article 53 of the Criminal Code. Payment of procedural costs is also requested.
Fifth, as regards civil liability, the defendants are required to compensate Anfi Sales SL with the sum of 780.940 euros for the economic damages caused. This amount will accrue legal interest increased by two points, in accordance with article 576, section 1 of the Civil Procedure Law. This seeks to compensate the damages caused to the company by the actions of the defendants.
