The Public Prosecutor's Office has requested the opening of the trial before the Provincial Court of Las Palmas in the abbreviated proceedings against MGLL, former president of the homeowners' association of the Apartamentos Australia complex in San Bartolomé de Tirajana, and against AMTF, who served as administrator and accountant. The core of the accusation focuses on the alleged misappropriation of community funds by the two defendants between 2008 and 2011, in execution of a "preconceived plan and by mutual agreement."
According to the indictment, which Maspalomas24H has obtained, MGLL, president since 2006, and AMTF, administrator since 2008, failed in their duty to manage the assets for the benefit of the community, misappropriating the capital for their own illicit personal gain. This alleged scheme was facilitated by the defendants' dual role: both, along with a third party, were joint administrators of the entity GTA, which had been approved by the Board to manage the tourist operation of the complex.
Taking advantage of the fact that former president MGLL had authorized signatory power on the community's bank accounts, multiple banking transactions were carried out without being recorded in Apartamentos Australia's official accounting records. The alleged total misappropriation of funds amounts to €107.736,10, obtained through the following methods: €26.748,31 were stolen via thirty-nine checks and three bearer promissory notes issued between 2008 and 2011 and cashed directly by the defendant MGLL. An additional €44.844,07 was withdrawn via checks and promissory notes issued in the community's name, without the administrator, AMTF, providing the corresponding payment confirmations, thus facilitating the misappropriation of funds.
€29.890,41 were misused to pay the salaries of employees of entities directly linked to the defendants, such as KGE, SL (whose sole administrator was AMTF) and SESCB, without the homeowners' association having authorized or had any employment relationship with said employees. €6.253,31 were used to pay charges invoiced by the entities GTA, KGE SL, and SESCB, without these companies having provided any service to the homeowners' association, according to the Public Prosecutor's Office.
The legal proceedings have suffered procedural delays during two significant periods (between 2015-2016 and 2020-2021) for reasons not attributable to the defendants. Following the transfer of the case, the Public Prosecutor has filed his Indictment and expressed his interest in the opening of the oral proceedings before the Provincial Court against MGLL and AMTF. This formal conclusion implies that the Public Prosecutor's Office considers there to be sufficient evidence of a crime (alleged continuous misappropriation and breach of trust) for the case to be tried in the highest provincial court.
