Further to our article about the Anfi partner IFA’s AGM published on 22 July 2019, in this article, it was revealed that IFA was subject to questions regarding all the court cases, the possible cost to IFA and what it would mean to shareholders. The article also explained how IFA is being denied any influence or information on the running of Anfi by their partners Santana Cazorla who owns the “Golden Share”. Today’s article brings in a new dimension to the tale.
The newspaper El Diario has published that The Provincial Prosecutor’s Office of Las Palmas has now filed two complaints against two of the Anfi Group Companies, Anfi Resorts and Anfi Sales. The nature of the denuncias is for hiding assets in order to avoid seizures of money in the execution of sentences issued by the courts against Anfi Group for the numerous infringements of the law in the sales of their timeshare product.
Link to the full report published by El Diario 26 July 2019. (To translate from Spanish open in google and right-click on the article selecting translate)
On 12 July, the Prosecutor Elena Herra signed the papers that send the investigative proceedings opened in January to the Court of San Bartolomé de Tirajana. This follows denunciations by two lawyers Eva González of Canarian Legal Alliance and Miguel Rodriguez Ceballos (formerly of CLA) on behalf of clients following Anfi’s failure to pay the court awarded amounts to the clients by enforcing embargos.
This process is being initiated in all cases and given the refusal of the Anfi Group to comply and voluntarily pay as requested by the courts, the court has demanded a list of all assets in order to embargo and seize the assets.
It is also alleged that since 2014 to the present millions of euros have disappeared from these current accounts with the balances being practically zero. This is despite the fact the activity of the selling of timeshare at Anfi has neither ceased or decreased as stated in the annual statements of the Anfi Group.
The information has revealed that Anfi Resorts and Anfi Sales accumulated more than 13 million euros in sales one month before the Supreme Court made its first-ever ruling establishing that no contract was to be sold for a duration of more than 50 years (Law 42/98). By December 2017 those 13 million euros had been reduced to 400,000€ and that figure has decreased even further within the last 18 months.
In this specific case, five examples of cases in which Anfi have failed to pay on sentences issued by the courts between 2017 and 2018, some of these are for sums in excess of 200,000 euros. This is despite the fact that there are in existence orders and decrees that urge the company to comply with the execution of sentences under severe penalties for serious disobedience.
The Prosecutors Office has requested that preliminary proceedings be opened in the courts regarding these facts and that the legal representatives of Anfi Sales and Anfi Resorts, members of the boards of directors for both companies in 2018, persons responsible for services be investigated as legal entities and the person responsible provide the relationship of the assets to the courts.
A second article was also published by El Diario on 28 July, in this article, it was announced that lawyers from Canarian Legal Alliance on behalf of their clients have filed for a court administrator to be appointed to oversee the accounts.
According to El Diario Anfi stopped the first of three applications to the court by immediately settling with the clients and paying them what they were due. However, in the case of other clients, the court has already convened for September to try and reach an agreement to pay them if this is not settled the court will activate the option of the Judicial Administrator and embargo the accounts.
This leaves Anfi in a very precarious position as the emptying of accounts to avoid payment could lead to criminal action against the companies and the responsible persons involved. It leaves us in no doubt that the courts are taking this matter very seriously.
Link to the second article published by El Diario.
For those clients with cases yet to be heard or waiting for sentences to be issued this is very good news indeed as it will set a precedent and will lead to quicker payments as ordered.
Inside Timeshare will be watching this latest development very closely and will publish any further news when it comes in.