Valladolid, Apr 24 (EFE) about 250,000 euros from the parent, who died in 2020 at the age of 92.
The defendant, Ricardo RF, when asked by the public prosecutor about whether he withdrew money in cash, checks and made money transfers to his account taking advantage of his mother’s situation of cognitive deficit, has maintained that he had not and has argued that he did not he needed it, since he had his payroll.
The accusations against the defendant focus on the fact that in August 2016 a sole proprietorship was established with domicile on a farm in La Cistérniga (Valladolid), with the corporate purpose of agriculture, its production and distribution, and the production, preparation, and marketing of all kinds of products derived from grapes.
A company with two joint administrators, the mother of the defendant and the defendant
The company reached a final figure of more than ten million euros of share capital and the organizational model adopted for its administration was that of two joint administrators, the mother of the defendant and the defendant.
The prosecutor considers that, over the years, the woman began to develop Alzheimer’s disease, modifying her ability to act through a sentence of March 2019, which declared her total inability to self-govern and appointed a brother as guardian of the defendant
The public prosecutor maintains that, however, previously, the defendant’s mother already had severe-profound cognitive impairment and that the defendant, taking advantage of his mother’s situation of personal vulnerability, carried out different operations to dispose of money from the company with the purpose of obtaining an illicit financial benefit of one’s own.
The only money was to pay the workers and what she asked for
“The only money I have touched is to pay the workers and what my mother asked me for,” stressed the defendant, who specified that there were employees who were paid overtime and vacations that were not taken in cash and that her mother asked her to get money for her, for her expenses.
He has specified that his mother was in good health, until in 2017 when she suffered two falls a short time apart, which caused her to walk with a walker and to speak without fluency.
She understood everything, but it was hard for her to speak
“She understood everything, but it was difficult for her to speak” and she knew everyone, the defendant said.
He has attributed the answers she gave to the forensic doctor in October 2018 to the nervous situation in which the woman found herself, when when asked about her age she said she was 10 years old and about her daughter’s name she answered with her own name.
She was super nervous and could say anything
“She was super nervous and could say anything,” said the defendant, who stated that he asked the Court if he could examine the woman at home instead of in Court to prevent that state of nervousness from occurring.
In addition to the prison sentence, the prosecutor claims the payment of a fine of 7,300 euros -twelve months at a rate of twenty euros a day-, and the payment of compensation of 85,700 euros to the company and 164,000 euros to the heirs of his mother.
The oral hearing is scheduled to take place tomorrow, Tuesday and Wednesday.