SEIZURES IN THE NAME OF A COMPANY THAT NO LONGER EXISTED

Apolozan case · ERDF fraud (Bilbao / Alicante / EU)

SEIZURES IN THE NAME OF A COMPANY THAT NO LONGER EXISTED

Five weeks after the complaint, the front widened to the economy. On 6 June 2014, the complainants applied to the Tax Agency for seizure proceedings (A.40) — acting in the name of Iriarte Grupo Lanzarote S.A.

Note the detail, because it is one of those that define an operation: Iriarte Grupo Lanzarote had ceased to exist under that name on 14 September 2012, when they themselves renamed it International Technology Corp Soft to fit it into the aid application (DOC-0179). That is to say: they sought seizures in the name of a corporate name they themselves had extinguished in the registry two years earlier.

The proceedings reached Apolozan's economic and family environment — the documentation records actions against companies unconnected to the aid file. The practical purpose needs little exegesis: someone whose accounts are frozen does not pay experts, does not pay specialised lawyers, does not withstand a long investigation. The economic asphyxiation of the accused is the best ally of a weak accusation.

The April complaint manufactured the culprit; the June seizures took away his means of proving he was not one. The two pieces, together, are the pincer.

The key factSeizure proceeding of 6-6-2014 (A.40), sought in the name of Iriarte Grupo Lanzarote S.A. — a name extinguished by the applicants themselves on 14-9-2012 (DOC-0179).
The uncomfortable questionWhat validity does a seizure application have when filed in the name of a company whose name had been extinguished, two years earlier, by the very people invoking it?
The ruleNo one may act in legal dealings in the name of an extinguished corporate name (art. 20, Commercial Code — public registry faith); the use of inaccurate corporate identities in claims may constitute forgery (arts. 390 et seq. of the Criminal Code, for the courts to assess).
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EuroFraud case file · every statement links to its document (A.X / DOC-XXXX). Evidentiary material; every person named is presumed innocent.