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A CONSPIRACY TO AVOID THE PRIVATE PROSECUTION,

 IN THE CASE OF CREDIT ASSIGNMENTES AGAINST THE PRESIDENT OF BANCO SANTANDER EMILIO BOTIN

SYNOPSIS

 

Having exhausted all legal proceeding and relevant to today, and after 14 years since Banco Santander legal representatives taken actions against us, in the end the Spanish justice have left us in a total helplessness condition at the mercy of the will of this Bank. Despite the proven and judicially recognized from the outset that we were right in that the actions of the Bank were illegitimate, we have not only been sentenced to pay some amounts for concepts that we never received, but defense at our expense, when such prejudice was caused deliberately by the Bank to avoid precisely that he, be the offending party.

 

Although in the course of these legal proceedings initiated against us by Banco Santander, we reported to the Prosecutor of the Supreme Court of Justice of the Basque Autonomy Community in 1997, that there were pre-visibly committing criminal acts and no assessment of the allegations then where considered, as constitutive of a criminal offense. After time, these facts took their position in the various legal proceedings that were subsequently held, and eventually provided the Bank the pursued outgrowth, which was mainly legalize through a final judicial decision what at first was completely illegal.

 

The merits of this case, - as can be seen in this report - lies a "financial transaction" totally opaque and malleable to the circumstances that have arisen, as once pierced the various court proceedings concluded, came out from these with the concept of three different financial operations. First as if it were a mortgage loan, second as if it were a mortgage credit and thirdly and lastly, as if the financial transaction in question was a credit account or overdraft facility. But if this was unusual, these three alleged financial transactions had the same accounting support, this is, and it had n º 268,814 account as reference.

 

If at first it was agreed with Banco Santander, a credit account or overdraft facility and the debit was endorsed with a defensive touchdown in a shop owned by us, the concept by which the Bank took his respective interests alleged a patrimony mortgage credit. But once all legal procedures related to the first two suits filed by the Bank, we were condemned to pay an amount of interest arrears of a mortgage loan, operation and guarantee totally different.

 

But if this turn out to be an inconsistency, when running this firm Case that the Supreme Court imposed us, Banco Santander, presented it based on a mortgage credit, applying for a flat of our property, when our guarantee was a shop and the Case indicated a mortgage loan and not a credit. Once charged the amount the Bank was granted in court, by the concept of a mortgage loan through the implementation of Sentence by a mortgage credit, he filed another new lawsuit, asking the public auction of the property that supposedly secured the credit account or overdraft facility and the imposed mortgage loan, - the shop - and this time, for an alleged balance due on the credit account or overdraft facility that was backed up with a defensive touchdown in a shop owned by us.

 

Auctioned the property in question for an alleged debt on the credit account, Banco Santander was awarded ownership of this property by a debt at the end in a loan account without identifying it. - Latest action described in the article of the newspaper El Pais quoted at the beginning - In brief as can be deduced, three different financial transactions with two different types of security with the same account nº 268,814 for the three accounts. But if this wasn’t enough on April 24 of 2007, Hacienda Foral de Bizkaia - Inland revenue of the province of Bizkaia - certified that I never figured as the holder of the account nº 268,814, therefore, Banco Santander has haunted me and the Spanish Justice has allowed him to do it, extrajudicial and judicial all these years with falsehood as if he was creditor and I the holder of the account nº 268,814, belonging to three different financial operations, when it has never figured under my name.

 

So this "metamorphosis" that suffered the alleged financial transaction in question, constitutes the core where the alleged criminal proceedings presented here were originated, because if it’s not logical the fact of paying for a concept to be sentenced to pay for another by law, more unusual results that neither the account nº 268.814 even existed. - Accounting support of the three alleged financial transactions –

 

However, this discrepancy that occurred in the concept of the alleged financial transaction, it is not the most striking about this case, nor does the lack of accounting support that would have physically identified the alleged operation. What really results at first sight totally enigmatic is that they have managed to run six legal proceedings and in no time, the Courts that have been involved in has determined, the concept of the operation, the identification of the account, or its corresponding legal title, and Banco Santander, has been awarded a property for an alleged debt on an account, that as its unable to have existed ,it wasn’t identified at the end and that this fact, was reported to occur before the public auction of the shop.

 

Therefore through this present report of the facts is analyst and demonstrated how Banco Santander, from the outset deliberately planned and envisaged by the phraseology of the conditions stipulated in the deed 1.181, all events and performances here exposed, which were designed to produce the maximum helplessness possible both extrajudicial and judicial, so that no one could expose the financial irregularities that the Bank produced and therefore, we were posted in question when in reality as it may be established along the exposure of these facts, the part that failed and caused the conflict from the beginning was Banco Santander. So to hide his unwarranted conduct and foremost an economic crime, the Bank did not hesitate to sue, accusing us of arrears, demand seizure and auction of our property, charged unreasonable amounts and falsifying data and documents for this, since the question was apparently follow the principle of, "act first before the others act."

 

From de base that the alleged financial transaction that was signed between Banco Santander and us - my ex-wife today as co-holder, and I as the holder - was identified by the Bank from the beginning with the number 268,814. Began effective on August 17 of 1990, and that it had an active life - if one or both parties didn’t interrupt - for 15 years until August 17, 2005 as the notaries deed signed specified, from this date the relationship about this alleged commercial operation should not exist, since both sides during this time period, could have exercised our right to anticipate the end of it.

 

On one side, if we didn’t met the agreed conditions Banco Santander could anticipate the end of the operation, and on the other, we could have anticipated the end of it too, by paying the total balance liable to the Bank.

 

If by the exposed above, there should be no reason for the prolonged continuation of this alleged operation from August 17, 2005, it should be questioned from the beginning, why did then the Bank until February 15, 2007, apparently has figured as a creditor of the alleged operation nº 268,814 and we as holders, if as certified by Hacienda Foral de Bizkaia, - Inland revenue of the province of Bizkaia - we never appeared as such of this account - as I have anticipated above - or another with this Bank since 1994, and that in any case earlier than this year, I only had a current account under my name with him, which I opened before 1990 and therefore had nothing to do with the account nº 268,814.

 

 

 

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