He took advantage of the fact that his older brother had reduced his mental capacities. because “abuse your private vulnerability”, persuade him to sign joint financial loansnot returning them and putting your habitual abode at risk his relative as collateral. This is the conclusion reached by Prosecutor’s Office Barcelona, He claims that the defendant continues to be paid a temporary five-year prison sentence, fine and 144,260 euros in compensation for fraud. The trial is scheduled for next Tuesday at the Barcelona Court.
This bizarre story began 11 years ago, in 2011, with the first loan, and continued until 2015, when a court of first instance in the Catalan capital began a procedure to confiscate the victim’s residence for non-payment of the last loan. used to settle part of the previous two debts. Two years after this decision, in 2017, criminal investigation of alleged fraud who will now be judged. In addition to demanding the punishment of BJTA, the author of the alleged fraud, the prosecution is also requesting files on the other two defendants, considering they were unaware of the cognitive limitations suffered by the victim.
cognitive decline
The prosecutor’s office claims victim suffered a cerebrovascular accident in 1993 and a bleeding caused by an aneurysm (abnormal bulge in the walls of a blood vessel) that causes “cognitive and memory impairment” as well as a behavioral disorder. In October 2015, a court came to declare his partial incapacity in civil litigation.
Years ago, on December 2, 2011, already suffering from this pathology, her brother abused this particular vulnerability and seduced her to formalize a €47,091 solidarity loan. “derived from degradation”, according to the prosecution. He states that the goal is “to obtain unjustified economic enrichment at his own expense.” affected party, special trust relationship that unites to both.
credit chain
This loan was concluded and signed in the presence of a notary public, with an annual interest rate of 10% and a single repayment term of 51,800 Euros. The prosecution argues that the payment was guaranteed by the victim’s address in Barcelona, ”unaware” of what the victim endorsed or the consequences for their assets due to the mental limitations of the loan in question.
Since this loan could not be liquidated, the defendant again persuaded his brother to hire him. On April 3, 2012, another loan of 15,190 euros with the victim’s house as collateral. In his indictment, the prosecution insists that he was unaware of the scope of his action due to the illness he suffered.
But the wheel didn’t stop there. None of the loans were finalized, so lenders legally demanded compliance with the agreement and demanded payment of the debt. Faced with this situation, the accused allegedly he cheated his brother again and managed to sign a third loan of 106,040 Euros from a real estate agent in June 2014. Guarantee: brother’s house again. Of course, part of this amount was reserved to cover the debts of the other two loans.
Since this third loan was not returned, the real estate company initiated proceedings for the execution of the victim’s residence in 2015. The civil court where this matter fell has agreed to initiate a lien action. And not only for 106,000 euros, but also for interest. Total: 144.260 Euros (the amount claimed as compensation). The prosecution’s report does not detail how the third loan non-payment procedure ended.