He took advantage of the fact that his brother had diminished his mental abilities because, “abusing his special vulnerability”, convince him to sign joint financial loansdo not return them and put your habitual residence at risk of his relative, which he included as collateral. This is the conclusion reached by the Public Prosecutor’s Office of Barcelona, that the provisional claims for the defendant for a fraud offense continued five years’ imprisonment, a fine and the payment of compensation of 144,260 euros. The trial will take place next Tuesday at the Court of Barcelona.
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 opened proceedings to foreclose the victim’s home due to non-payment of the loan. last credit used to cover part of the debt of the previous two. Two years after this resolution, in 2017, it began the judicial investigation for the alleged deception who will now be judged. In addition to the request for a fine for the author of the alleged fraud, BJTA, the prosecution requests the file for two other defendants, believing that they were unaware of the cognitive limitations suffered by the victim.
cognitive decline
The public prosecution supports it the victim suffered a cerebrovascular accident in 1993 and bleeding caused by an aneurysm (abnormal swelling in the wall of a blood vessel), which caused “cognitive and memory impairment” as well as a behavioral disorder. In October 2015, a court arrived to declare his partial incapacity in civil matters.
Years earlier, on December 2, 2011, when he was already suffering from this pathology, his brother had seduced him to formalize a solidarity loan of 47,091 euros, abusing that particular vulnerability. “derived from its deterioration”, according to the indictment. The goal, he specifies, was “to obtain unjust economic enrichment at his own expense”. The interested party consented due to the special relationship of trust that united To both of them.
credit chain
This loan was contracted and signed before a notary, setting an annual interest rate of 10% and a single repayment term for an amount of 51,800 euros. The payment was guaranteed with the victim’s address in Barcelona, without her “being aware” of what she was endorsing, nor of the consequences that said loan has generated for her assets, due to her mental limitations, supports the prosecution.
As this claim could not be liquidated, the defendant again persuaded his brother to assume, on April 3, 2012, another loan of 15,190 euros, also guaranteeing the victim’s house. The prosecution insists in his indictment that he was unaware of the extent of his action due to the illness from which he suffers.
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But the wheel didn’t stop there. None of the loans were finalized, so the lenders legally solicited compliance with the agreement and demanded the debt be disbursed. Faced with this situation, the defendant presumably he manipulated his brother again and managed to sign a third loan of 106,040 euros with a real estate agency in June 2014. The guarantee: once again the brother’s house. Naturally, part of this sum was intended to satisfy the debt of the other two loans.
This third credit was also not repaid, so in 2015 the real estate company initiated proceedings aimed at executing the victim’s residence. The civil court having jurisdiction over the matter agreed to start attachment proceedings. And not just for the 106,000 euros, but for the interest. In total: 144,260 euros (amount requested as compensation). The prosecution’s brief does not specify how the procedure for non-payment of the third loan ended.
