A man from Pamplona, ​​convicted of defrauding €100,000 with false investments in Seychelles

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The TSJN confirms a sentence of 3.5 years in prison for an 'investment manager'

Posted on 12/31/2021 at 06:00 The TSJN has confirmed a sentence of 3.5 years in prison for a man from Pamplona for swindling 100,000 euros from an elderly man with limited cognitive faculties due to a stroke through false investments of a Seychellois company. To convince him, in addition to paying interest for the first four months, he presented him with a false guarantee from an Italian entity. The Civil and Criminal Chamber of the Superior Court of Justice of Navarra thus confirms a conviction of the Second Section of the Court and dismisses the appeals of the accused, who requested acquittal, and of the complainant, who claimed a higher sentence. "a plan" that originates in 2015, when the victim told an acquaintance of his, who ran a bar in Pamplona, ​​the disgust he had for the losses of some investments in the stock market and for the treatment he received from banking entities. The owner of the bar, who was also a teacher, then told him that he knew "an investment manager" (the defendant) who had once left him a room to teach his classes. Through this intermediary, who has been acquitted, the manager found out about the victim's discontent and profile, so he "hatched a plan" to gain his trust and get him to "give him as much money as possible, without no desire to return it”. To further the scam, according to the sentence, he invited the victim to visit different properties in Pamplona, ​​“affirming that they belonged to him”, and also public works and blocks of flats that, according to what he told him, “the had done with his builder”. On more than one occasion, in addition, he invited him to eat in restaurants in the city. In this way he gained his trust and managed to get the victim to give him 50,000 euros in September 2015, which he took in cash from the bank, to which he went accompanied by the two defendants. In the contract they signed, the defendant appears as manager of a company in the Republic of Seychelles and the delivery of 5% monthly interest is agreed, that is, 2,500 euros. During the first two months, in order to strengthen the deception, the defendant paid the signed interest, which led the complainant to invest another 50,000 euros. He did so after demanding a greater guarantee and receiving from the defendant a forged document from an Italian merchant. Again, the defendant paid two months of interest, but then stopped. Nor did he return the victim's 100,000 euros, money that represented all his assets and that he needed to survive. The accused alleged that "he has never taken money from anyone", but the TSJN recalls that he was already convicted of fraud in Pamplona in 2014. He also claimed that the Italian document was real, but the firm's representative denied it at trial. Regarding the investments, which according to the defendant were real, the magistrates emphasize that he did not provide evidence of their existence. On the contrary, they see the scam as accredited by appreciating "prior, intentional and profit-oriented deception, to an elderly person, with basic school studies and a medical history." LABELS Comments

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