Portal de Cartagena
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The Municipal Plenary, of September 24, 2015, at the proposal of the municipal group Cartagena Sí Se Puede (CTSSP), unanimously approved the following motion: "constitute a commission of inquiry with the participation of all the municipal political groups that order the procedure of research and work on the activity of the Company Casco Antiguo SA, hereinafter (CA) in order to make an accurate report of the actions taken by the company, assessment of them and proposals for action.
After various obstacles, the Commission could not be constituted until March 3, 2016.
The lack of means, collaboration and documentation that should work in the Society and / or the City Council, together with the non-appearance (of a voluntary nature) of the people who have had a great responsibility, both in the management of the Society: Dª.
Pilar Barreiro Álvarez and Mr. Agustín Guillén Marco, as in the one of Residencial Puerta Nueva Mr. Jesús Espolisín Atienza, Mr. Agustín Alonso Conesa, Mr. José Antonio Alonso Conesa and the Insolvency Administrator have been some of the causes that have prevented the possibility to be able to investigate more.
The conclusions we draw are extremely political.
It is possible that for the passage of time they have prescribed some legal responsibilities, but the political responsibilities never prescribe and we say it based on the data and the following 27 reasons:
1st
Regarding the University District.
The PERI CA 4. (RPN).
(1) The report of 4 technicians of 7/10/02 of adjudication shows that the contest was won by Ferrovial and others (75.37 points) and was awarded to the Sethome Group and Alumbres Promotions (69.93).
The report states that Ferrovial's offer ...
It was higher by € 242,869, including VAT, cash payments, improvements valued at € 1,900,000, reduction in the execution time of the works in 9 months, and higher urban and construction quality.
(2) In the Board of Directors on 11/7/02 all the directors of the PP, PSOE and IU are present and all the officials present are asked to leave the meeting and it is decided to award the Sethome Group ... later Residential New Gate (RPN).
They base their decision on supposed benefits and in the presence of a representative of the City Council on the Board of Directors that will be beneficial for the municipal interests.
(3) No minutes of the RPN Board of Directors have been found, nor has his representative Mrs. Barreiro informed of any decision of that Board.
(4) In a non-formal and untested statement, it was stated that at the end of 2002 and on the occasion of the 2003 municipal elections campaign, an indefinite total amount proportional to the number of councilors of each of the parties represented in the town hall for its political groups.
The report includes what has been said.
We hope that legal services are positioned on this fact.
(5) During the years 2005, 2006 and 2007, RPN carried out a series of loan assignment transactions between the equity companies linked to it through loans to its partners, operations valued at around 9.8 million euros of the company, causing the empty of your accounts, a substantial part occurs while CA is represented by Dª.
Pilar Barreiro in the Board of Directors.
(6) It is surprising that, since Ms. Barreiro left her post in 2007, no one was appointed to take up her position in the RPN Council.
(7) On 03/12/07 CA required in writing to RPN the payment of 30% of the capital gains corresponding to the years 2005 and 2006. Receiving € 656,255.08 and other 104,996.01 to regularize VAT.
Incomprehensibly, it would be a few years without it being required again.
(8) On 10/25/10 the City Council receives a communication from the Tax Agency requesting payment of the VAT corresponding to the amounts that RPN had to have paid to CA, for the years between 2005 and 2009. This concept the City Council paid € 487,210.92, for the VAT of some bills that had not been charged in part.
This is the trigger and no other so that now on 10/26/10 RPN is required to present documents of the sales made to date.
It was late, on 06/13/11 RPN informed CA that it accepts the bankruptcy law.
To more abundance, CA, during those years, does not collect any account that made mention of such debt as "outstanding debts" or similar, as it did in 2011, according to the audit report.
(9) A prosecutor's report of 12/30/13 highlights indications of administrative prevarication of the Board of Directors in the awarding of the contract, an offense that would have been prescribed for having elapsed more than 10 years since its commission.
He points out that CA did not adequately watch over the annual satisfaction of the credit he had with RPN and adds that this would not be enough to affirm his responsibility in a crime of embezzlement of public funds, it is a case of municipal neglect or excess of permissiveness ".
(10) Incomprehensibly, after the civil suit in the Court of First Instance No. 1 of Cartagena, the criminal proceeding and the request for recovery to which one had a right before the favorable ruling in the first instance were rejected.
On 11/27/14, the bankruptcy administrator claimed € 2,324,746.84 by means of an official letter.
(11) On 09/03/15 a complaint was filed with the Chief Prosecutor of the TSJ of Murcia, which observes that the facts may constitute an offense and files a complaint with the Court of Instruction No. 1 of Cartagena, deciding to conduct criminal proceedings against two RPN directors and representatives of the interposed companies.
This is a possible indirect collection route not interposed by the City Council.
2.
Purchase of the City Hall of the Administrative Building of "San Miguel" through the Society is an absurd operation with an important cost for the coffers of the City Council.
(12) The purchase and refurbishment of the Administrative Building cost around 27 million euros, including a modified conditioning of 19.52% (according to custom).
Bank debt of 21 million euros was renegotiated from short to long term, increasing interest payments.
The "accounting engineering" did the rest: the City Council made periodic contributions to the Society not as contributions from partners, but mainly as subsidies, with which the profit and loss account was falsified, so that some year gave a positive result when it could really produce a deficit, which led to the obligation to dissolve the Company.
(13) The initial decision to pay VAT on CA-City transmissions involved an additional expense of 1.7 million euros.
3.
Participation in the Sociedad Joven Joven SL
(14) Copies of the minutes of the Board of Directors have been provided and copies of the minutes of the General Meeting by the Company have been denied, when CA has a 9% share in this Company.
This makes us think that nothing good has been cooked in this UTE of companies.
(15) The UTE bought a real surface area of ​​241,619 m2 classified as "Non-developable Agricultural Land of Traditional Cultivation", with the obligation that the City Council transformed it into Sectorized Urbanizable Land, CJ, at a rate of 27.05 € / m2. € 6,653,697.49 plus 16% VAT were paid, the final price was € 7,718,289.09 The Plenary definitively approved the 120 partial modification of the land on 07/09/05, with the votes in favor of PP and PSOE and the abstention of IU and MC.
Mr. Joaquín Segado declared in the plenary session of January 27, 2015 "a cheap land was bought, precisely because it was a traditional rain-fed agricultural land, in a location that we understood was good".
CA contributed € 54,000 initially to the share capital.
The company sustained continued losses during the first 6 years of life exceeding 50% of the share capital.
He resorted to frequent capital increases for which CA contributed a total of 1,052,834.58 more, he did not receive any cent of benefits.
The complaints of the neighbors are frequent for the breach of the obligations contracted by the society.
(17) The company's losses are reflected in the reduction in the value of its shares that have gone from € 10 to € 3.60 / share.
4 ° Judgments for expropriations.
(18) The Judgment of the TSJ 939/2013, Expropriation Project of the Plaza del Par, indicates that a plot of 120.12 m2 was valued at € 60,500.76, the Judge admitted the report of the appellants' architect for a value total of € 543,361.60, amount finally set by the judge, plus legal interests.
(19) It has been submitted that 50 remedies be known through administrative channels (45 from Monte Sacro and 5 from Molinete) and 9 from judicial offices (7 from Molinete and 2 from Peri CA-4).
(20) The amount paid for reduction of the expropriations amounts to about € 4,700,000, to which is added a forecast of € 850,000.
(21) Judgment 124/2016 of the Contentious-Admory Court.
No. 1 of Cartagena that annulled the approval of the Joint Appraisal Project of Monte Sacro indicates: "We are facing a clear example of abuse of right by the City Council, of contempt for the private property of its administrators and bankruptcy of security legal that they deposit in the previous act of their Consistory, and even of the sanctity of res judicata "(...)" I observe abuse of the right .... "(...)" It takes advantage of an administrative error attributable to the City Council itself, to modify downwards 8 years later, the price of land that it took away for public use from the appellants in 2007 and with respect to those that it now intends to value as if the occupation and the transmission of the same had place ex novo in 2014 "(...)" the expropriatory cause of public utility is the same one that was born between 2005 and 2007 "(...)" the negligence of the Administration for leaving a file expire can not be obtained eight years later go
ntaja the Administration itself that has been enjoying the expropriatory effects (occupation of the land) to reduce the fair price for an unexpected decrease in the price of land.
In another subsequent judgment that does not sign, similar to the previous one, the payment of 7 times more is recognized for the expropriation.
(22) A final judgment of the Supreme Court of the Region of Murcia, of 04/12/15, explains how the plots of Monte Sacro should have been valued: According to the Ministry of Public Works, the average price of free housing (August 2006) it was € 1,715.10 / m2 and the fourth quarter of 2013 was 1,048, that is, the price fell by approximately 40%.
The maximum price of the housing of official protection (Decree 321/09, of October 2, was of 1,261.31 € / m2).
However, the joint appraisal value started at € 637.41 / m2, to which a situation and typology correction coefficient was applied: Muralla de Tierra (1.4), Sister Francisca Armendariz (1.2) and the rest of streets (1).
The original prices were fixed as Town Planning Councilor D. Agustín Guillén.
In the second appraisal, with the aforementioned descent, the mayor was D. Francisco Espejo.
5th - Staff and other expenses
(23) Art.
25 of the Statutes of the company establishes the faculties of the Manager, among them the one of appointing and separating the personnel of the staff, indicating salaries and emoluments, awarding prizes or imposing the sanctions that it deems appropriate.
Despite the fact that it has been requested on repeated occasions, no document has been received that faithfully reflects who set the remuneration of the Manager and the staff of the company.
Personnel expenses and other operating expenses amount to 339 thousand euros, according to the 2016 profit and loss account.
The remunerations of the Managers show that their responsibility is inversely proportional to their remuneration.
The first Manager received at least 112,748.4 euros per year.
The second 78,000 euros and the last 62,431.08 euros.
6th.
Accounting and financial responsibilities.
(25) The latest audits show that CA did not comply with Law 16/2012, of December 27, on balance sheet restatement: it did not update the book value of inventories, due to a reduction in the purchase price or the acquisition price. production, nor was it proven that the contributions of the City Council must go to the account "Grants, Donations and Legacies granted by the owner-owners" or the "Own funds of the members", its decision affects the Profit and Loss account, decisions that put in serious doubt the result of the accounting exercises, a practice that has been carried out since 2008.
(26) The report of the Economic and Budgetary Management Body and the General Intervention of the City Council, of 04/12/17, reveals the following:
- Revenue from your business does not cover 50% of your production costs.
- Bank debt as of December 31, 2017 is 10.2 million euros: 7.2 in the long term and 3 due in 2018.
- In the event of closure, the City Council assumes its Balance Sheet as a block, that is, the assets and liabilities of the company.
- The forecast of annual expenses of the company is about 3.64 million euros, in the case of 2018. The opportunity cost of the budget of the City Council would allow it to provide 1.82 million euros that could not be counted as a subsidy but as contribution of the partner directly attributable to their own funds.
Other:
(27) A reasonable doubt arises if, over many years, the management of the company and the town planning team coincide in the same person, together with the fact that the appraisals made by the City Council at no additional cost to the company could have involved unfair competition with the other companies in the real estate sector.
RESPONSIBILITIES
The creation of the Society takes place shortly after winning the PP municipal elections for the first time, 20 years of the life of CA linked to events of maximum political responsibility of the former mayor of Cartagena, leaders responsible for the PP and of the Management in the terms that Cartagena Yes Can, considers and exposes next:
1st
Dª
Pilar Barreiro is primarily responsible for both the process of awarding RPN and the foreseeable loss of collection of outstanding debt.
2.
Dª
Pilar Barreiro and D. Jacinto Martínez Moncada are the main responsible for the "absurd" operation of the purchase of the Administrative Building of "San Miguel" through the Company with an additional cost so important for the coffers of the City Council.
3.
Dª
Pilar Barreiro and D. Jacinto Martínez Moncada are the main people in charge of the participation in the Sociedad Joven Joven SL A fundless fund that we have taken on inappropriately.
Four.
Dª
Pilar Barreiro, Mr. Joaquín Segado, Mr. Francisco Espejo, Mr. Jacinto Martínez Moncada and Mr. Luis Miguel Andrés are the main responsible for the assessments of usury and deception that blush anyone and that have harmed many people in Cartagena, especially The most disadvantaged.
Judgments for expropriations make this clear.
5 ° D. Jacinto Martínez Moncada for exorbitant and non-accredited payments of the remuneration, especially his, which was not directly decided by the Board of Directors and which has not been able to prove who authorized them.
6th.
The three Managers, Mr. Jacinto Martínez Moncada, Luis Miguel Andrés and Mr. Antonio García, for the serious accounting and financial responsibilities that could prevent the Company from closing years ago.
All the above gives the reason to the approaches of the municipal group of Cartagena Yes Can It has been insisting so much on its electoral program as, since the constitution of the Corporation, the need to dissolve the Casco Antiguo Society SA Everything that it has been managed by the Company, and the City Council has been able to do it, possibly with a lower speed, but which is sure to have greater control of the real estate transactions described, operations that have produced a tremendous hole in the municipal coffers, a irreparable pain to hundreds of people and the illicit enrichment of a few.
Source: CTSSP
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