The prosecutor asks for four years in prison for the former Spanish tennis player Arantxa Sánchez Vicario, as well as for her ex-husband Josep Santacana, for devising a plan to decapitalize her assets with which to avoid paying a debt to a Luxembourg bank and with the “encouragement of an illicit enrichment “.
In its indictment, the public prosecutor accuses both of a crime of the uprising of assets or punishable insolvency, and of paying a fine of 12 euros a day for 24 months, in total, about 8,300 euros.
The Bank of Luxembourg asked in 2018 the head of the examining court number 4 of Barcelona to order the imprisonment of tennis player Arantxa Sánchez Vicario and Santacana, in the framework of the complaint in which it demands the payment of a debt of slightly more than 6 million euros, claiming that they had sufficient funds to pay it off, a debt that the prosecutor requests to be paid as civil liability in her indictment.
The Bank of Luxembourg sued the couple after trying unsuccessfully, since 2010, to collect the amounts with which it endorsed the tennis player, former Grand Slam champion and No. 1 in the world, to pay a fine of 5.2 million euros for tax fraud.
The Tax Agency received this amount through a guarantee from the Banco de Sabadell, which, in turn, collected through a counter-guarantee signed with the Bank of Luxembourg. The prosecutor, in her qualifications, maintains that Sánchez-Vicario, “under the instructions” of her ex-husband and in collaboration with five other defendants, “devised a plan consisting of decapitalizing their numerous assets, thus frustrating the collection of said amount for part of the aforementioned entity “.
And this they did, adds the public prosecutor in its initial conclusions, with the “full knowledge” of the “obligation to pay” the debt after first receiving a burofax in July 2010 and, later, in the lawsuit filed by the bank. in March 2011.
Specifically, according to the prosecutor, they carried out numerous “maneuvers”, in which they also see a “spirit of illicit enrichment”: the emptying of six checking accounts, so that there would be no balance in case of embargo, or the disappearance of the money collected by the defendant in the concept of reports in the media, “charging opaquely or making the money disappear as soon as they receive it.”
In addition, the extenista carried out a real estate de-ownership process “through companies of which it was the real or fiduciary owner”, being carried out, “under the directives of the accused”, in more than a dozen homes, several parking spaces, a place in a marina or several lands, among other real estate.
“They carried out numerous sales operations in order to obtain money and hide it to frustrate the collection” of the Luxembourg bank, the prosecutor concludes in the indictment. For these facts, the prosecutor asks for four years in prison for Sánchez-Vicario and her ex-husband as co-authors of an alleged crime of uprising or insolvency punishable and that they be sentenced to a fine of 24 months at a daily fee of 12 euros.
In addition, and by way of civil liability, it requests a joint compensation for the Luxembourg bank of 6,170,942.35 euros, of which 5,250,000 euros correspond to the loan and 520,109.59 and 48,328.77 to the interest generated in the different procedural moments, among other concepts.
For the other five defendants, who according to the prosecutor acted as “necessary cooperators” in this plan, she requests three years and six months in prison for four of them and two years and nine months in prison for the fifth defendant.
These defendants in the case are VMA, who acted as front man, being the sole administrator and liquidator of five Spanish companies; AEHM and RMM, who were respectively the head and commercial manager of an agency, and MPM, also acting as front man.