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Audiencia Nacional

The Mid Week Report

Welcome to The Mid Week Report, today we highlight a some of the breaking news in the world of timeshare, the trial of the late  John “Goldfinger” Palmer associates at the Audiencia Nacional, National Court in Madrid, highlighted in previous articles, (links below).

It appears that the Anti Corruption Prosecutor’s Office has reduced the highest penalty of imprisonment to 24 months, a far cry from the 8 to 12 years originally called for. The reason is that the Prosecutor’s Office applied a mitigation of undue delays as the investigation which actually began 20 years ago.

However, the defendants will be liable for a subsidiary civil liability of 1,890,000 euros. A rather paltry amount considering the millions that was scammed from their victims.

The defendants in court

The largest sentences of 24 months were given to Richard Cashman, Palmer’s lieutenant, for illicit association, fraud and money laundering.

Darren Morris was hand 10 months for unlawful association, 10 months for fraud and 4 months for money laundering. He was also handed a further 1 year for a firearm with the serial number erased, which was found in his home.

Paul Murry, Keith Peter Davies, Neil Campbell Lockie and Dean Wells, all involved in supporting Palmer’s business when he was jailed in the UK, face 10 months for illicit association and 10 months for fraud.

Christine Ketley who was jailed for 2 years on 2001 in the UK along with palmer and the lawyer Ramón Solano seem to have been spared sentence.

The prosecutor had also asked for a sentence of 8 months for Jacobba Visscher who ran the headquarters of Dinastia Resorts for 44 charges of fraud, this is reduced from the 8 years originally requested.

In the end although they have finally been brought to court, somehow the victims will not think that justice has actually been served.

Link to news report in Canarias7.

https://www.canarias7.es/siete-islas/tenerife/la-fiscalia-rebaja-a-24-meses-la-pena-maxima-por-el-fraude-de-la-multipropiedad-de-john-palmer-en-canarias-IC6510831?fbclid=IwAR093WufWmxBrdd8-pAd7sbEmeubBSdeDvPviPvruPS6CgSKNNJB90rN_t8

Links to previous articles.

http://insidetimeshare.com/start-the-week-associates-of-john-goldfinger-palmer-now-in-court/

http://insidetimeshare.com/update-the-john-goldfinger-palmer-saga/

Canarian Legal Alliance has announced the following, which will be good news for their clients.

In Gran Canaria the Judges in Maspalomas have been consistently declaring there is no need for cases against Anfi to go to a full trial. These Judges have decided to pass their resolutions at the preliminary hearing, yesterday 5 January, 5 preliminary hearings took place with all 5 having results announced without the full trial. For the clients this will mean no travelling for the trial and a much speedier resolution to their case.

In Tenerife a cash embargo has been placed to the value of 44,494.20€ against Silverpoint. Great news for this particular client, as the original claim was 32,791.75€, 11,702.45€ more. They will also get legal fees and legal interest.

Back to the courts in Gran Canaria, Another embargo has been placed against Anfi to the value of 12,882.79€ on behalf of a German client. The enforcement team consisting of the lawyers Judith Diaz Pascual and Cristina Batista are obviously doing a fantastic job on behalf of their clients.

In January the state of play was:

    • 76 trials in all Spanish courts 
    • 18 appeals
    • 28 appeals from the opposition
    • 1 supreme court hearing
    • 21 provisional executions
    • 9 provoked interventions
    • 1 cash embargo against Anfi
    • 47 sentences all in favor of our CLA clients
  • 1.600.000 € in claim amounts

Once again this does go to show that contrary to some posters on various forums and websites that have an axe to grind that CLA does not do what it says and along with the timeshare resorts and RDO who deny they are losing, or that the courts have got the law wrong,  that is certainly not the case. These are all a matter of public record and can be verified.

If you have any comments or questions about this or any article published then use our contact page, we welcome the feedback.

Also if you have had dealings with any company or are about to with regards to a possible claim against your timeshare resort, but are not quite sure if it is genuine, then again use our contact page and we will give you the best advice possible.

Update: The John “Goldfinger” Palmer Saga

On Monday we published the news about the start of a trial at the Audiencia Nacional, Spain’s National Court, which has involved around 17 years of investigation. It centers on what is believed to be one of the largest timeshare frauds in the history of timeshare.

Then the press released the news that a former associate of Palmer, Marco Yaqout was shot dead outside his home in Marbella. He was reputedly Palmer’s right hand man in the early days in Tenerife, he went on to own a string of night clubs which also included interests in the famous Linekers bars.

The original article in The Daily Star got the location wrong.

It seems that a gunman was lying in wait behind some bins and began shooting as Yaqout drove up to his home in his distinctive Bentley. Around 20 shots were fired.

Yaqout has been linked to a host of celebrities which all revolved around his night club in Puerto Banus, TIBU. These have included the cast of the TV reality show TOWIE along with Professor Green who performed at the club.

https://www.mirror.co.uk/news/world-news/millionaire-pal-towie-stars-shot-13888882

At present the police have made no arrests and it is unclear as to the motive, some speculate that it was part of the nightclub “wars” on the Costa del Sol, others believe that he may have been ordered to give evidence in the trial currently running in Madrid. It is believed that he had an enormous amount of information on all the activities surrounding the timeshare fraud, along with some of the unsolved murders linked to it in Tenerife. Most of the newspaper reports do not mention the Palmer link or the trial, which is not surprising as they tend to love anything with celebrities attached.

The trial heard on Tuesday that Richard Cashman, the alleged lieutenant of Palmer, denied that he led the scam network to defraud the countless tourists who were taken in by the timeshare fraud. He did admit that he arrived in Tenerife in 1993 and worked for Palmer, again denying he had anything to do with the selling of the apartments. He told the court that he was at first in charge of security, (in timeshare language that would be “clumpers”), then went on to manage bars, restaurants and servicing of rental cars.

Palmer's lieutenant denies that he led the scam network to tourists – La Provincia

As more news emerges we will publish it here.

 

 

 

Start the Week: Associates of John “Goldfinger” Palmer Now in Court

It has been announced that the Audiencia Nacional, or Spain’s National Court in Madrid is to hear the case against the business associates of the late John “Goldfinger” Palmer. This case has taken many years to get to this stage, but at last we may be seeing a conclusion to what has been called one of the largest frauds in Spanish timeshare history.

The trial which begins today, Monday 21 January 2019, will see the following defendants appear. Richard Cashman, who is attributed to be Palmer’s lieutenant, Keith Peter Davies, head of the organisation on Gran Canaria, Dean Lawrence Wells, the promoter of the operation, Darren John Morris, Paul John Murry, Christina Ketley, Ramonón Solano Pérez, Jorge Maximiliano Gallart, Neil Campbell and Jacoba Klazina.

The case revolves around the selling of timeshare properties between 1993 and when the organisation was dismantled in 2002 by the then Judge of the Audiencia Nacional Baltasar Garzón.

In the scam which saw hundreds of unsuspecting holiday makers losing many thousands of pounds each, was based on the overselling of timeshare properties with the promise of resales for a profit. It also morphed into a non-existent holiday club set up by the organisation.

At the time of his death at his Essex home in June 2015, Palmer was on bail from the Spanish Courts, even though he had served time in the UK for similar offences.

The Prosecutor’s Office is calling for prison sentences of 8 to 12 years, plus fines of over 2 million euros as a result of its provisional findings. These are for crimes ranging from illicit association, conspiracy, fraud and in some cases illegal possession of firearms.

Although this case has taken many years, it would appear at last that justice may be done, this is may help close a very sad chapter in the lives of the victims, whether they will ever get any of their money back is unlikely.

The Audiencia Nacional is a special and exceptional high court, its jurisdiction covers all Spanish territory, as well as international crimes which come under the jurisdiction of Spanish courts. It consists of:

  • Criminal Chamber
  • Appeals Chamber
  • Administrative Chamber
  • Social Chamber

This case is being heard in the Criminal Chamber which is competent to try serious crimes such as: terrorism, money laundering, genocide, plus many more. It also makes decisions about extradition demands from foreign countries and the execution of European Arrest warrants. They may also hear appeals against rulings from the Juzgados Centrales de lo Penal, (Central Criminal Courts. Decisions by any of these divisions may be appealed to the Supreme Court.

Links to the announcement in the Spanish press.

https://m.eldiario.es/canariasahora/tribunales/Audiencia-Nacional-estafadores-Canarias-Goldfinger_0_859164155.html

https://www.laopinion.es/sociedad/2019/01/20/juzgan-red-mafioso-john-palmer/946217.html

Past articles on John Palmer, the second link includes a recording of the Roger Cook investigation.

http://insidetimeshare.com/timeshare-dirty-word-many/

http://insidetimeshare.com/press-release-from-cla-plus-a-quick-look-at-the-biggest-timeshare-fraud-in-history/

It may be some time before any news comes in about this case, but Inside Timeshare will be publishing the result when it is made public.