The businessman Juan Francisco Rosa faces a new trial, this time together with two of his children and other members of his family, accused of corporate crimes, misappropriation and documentary falsification. The case began in 2017, as a result of a complaint filed by his partners at the Fariones hotel, García Bravo e Hijos SL., Now, after completing the investigation and receiving the indictment, the Investigating Court Number 2 of Arrecife has ordered the opening of oral proceedings.
In the case, dated November 23, Judge Jerónimo Alonso also imposes very high bonds on the five defendants, to cover the civil liability to which they could be sentenced. In the case of Juan Francisco Rosa, he is given 24 hours to deposit more than 57 million euros, with the warning that if he does not do so, his assets will be seized in an amount sufficient to cover the amount.
In addition, the judge also claims that bail of 57,056,285 euros from Rosa's two children accused in the case, Raquel and Andrés Rosa Caraballo . For them, the Prosecutor's Office asks for two years in prison in its indictment, while the private prosecution raises the request to 11 years in prison, considering them not only necessary cooperators of the crimes, but also co-authors.
The other two defendants are Anselmo Rosa Perdomo and Rosa María Rosa Martín, who have also been required to post a bond amounting to 29,995,471 euros each. Both face a request for two years in prison from the Prosecutor's Office and 11 years in prison from the private prosecution.
As for Juan Francisco Rosa, the Prosecutor's Office indicates him as the material perpetrator of the crimes under investigation, specifying that the other five defendants "followed his instructions." Thus, he asks for the greater penalty, of 4 years in prison, compared to the 2 years that he requests for the rest, for two continuous corporate crimes and one continuous crime of falsification of a commercial document.
For its part, the private prosecution, brought by García Bravo e Hijos SL, adds to these crimes that of misappropriation or, alternatively, that of unfair administration, thus raising the request for penalties to 11 years in prison , which is the same request for all the accused. For all of them he also demands that they be sentenced to financial fines of hundreds of thousands of euros.
In addition, both the private prosecution and the Prosecutor's Office require the return of the money that disappeared from the accounts of the Hotel Fariones SA company, to the detriment of its partners, the García Bravo family, who had 25% of the company.
"Clear spirit of favoring their personal interests"
In its indictment, the Prosecutor's Office maintains that the five defendants, "members of the same family, previously agreed and acting jointly following the instructions" of Juan Francisco Rosa, used the charges that each one held in different periods and they acted "with a clear intention of favoring their personal, family and patrimonial interests and knowing the economic damage that was inflicted on the company and its minority partner, the commercial entity García Bravo, SL".
In addition, they also used the Fariones hotel as collateral and guarantee of mortgages and loans
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