TWENTY-FOUR HOURS LATER, 80%

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

TWENTY-FOUR HOURS LATER, 80%

Between the application for the money and Apolozan's entry into the company, exactly one day passed.

On 16 May 2012, Carcedo and Iriarte sold him 80% of the shares of Iriarte Grupo Lanzarote S.A. (A.2). They presented it to him as a requirement of the programme: to qualify for the aid, a solvent public limited company was needed, and he had to be its majority shareholder. They assured him of capital of 60,000 euros and a regular standing.

The Registry tells a different story. The company was not even registered when they sold him its majority: its registry entry is dated 12 June (A.3), almost a month after the sale. And the backing capital they guaranteed him would not survive the first serious check — the case's own documentation refutes it.

The architecture set up in those 48 hours of May is worth looking at slowly, because it is the blueprint for everything else: the man who contributes the only real asset —the software— also becomes the formal majority shareholder of the structure. Whoever manages the money and whoever answers for it cease to be the same person. The advantages stay on one side of the table; the responsibilities on the other.

The key factSale of 80% on 16-5-2012, one day after the application (A.2); the company's registry entry, 12-6-2012 (A.3). The majority shareholding was transferred before the company was registered.
The uncomfortable questionWhat requirement of what programme demands that the owner of the asset buy the majority of an unregistered company the day after the money is requested in its name?
The ruleConsent obtained through deceit vitiates the contract (arts. 1265 and 1269 of the Civil Code); a public limited company acquires full legal personality upon registry inscription (art. 33 of the Capital Companies Act).
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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.