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The Spanish Lawyer Online

Antonio Flores’ Blog

Thoughts about laws and regulations which affect foreigners in Spain

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Posts Tagged ‘freedom of expression’

Mr Ramirez: A Judge Believes that Calling you a Crook is OK!

March 25th, 2011

It is not for me to say so given that, at the end of the day, I don’t even know the man nor have I ever heard him con anyone over the phone.  It is actually Mr. Manuel Jaen Vallejo, presiding Judge at the Criminal Court in Malaga, who by virtue of a ruling dated the 11th of March 2011 has actually admitted that naming Mr. Mr. Fabian Marcelo Ramirez “swindler” and “crook” is actually not wrong.

The ruling came about in relation to the fight we are waging against legal boiler rooms, also known as recovery rooms, who, far from shying away from the police forces, are seemingly more active than ever (and more desperate as well). Mr. Ramirez, cocky as anyone could get, filed a court case last year against me and two more members of staff accusing us of harming his good name and impeccable reputation through several forums and blog posts.

The Judge has based his ruling on a Malaga Police report (below) that, basically, states that Mr. Ramirez has been arrested 4 times (years 2003, 2004, 2007 and 2008), for falsely promising his victims to recover  the moneys lost to many Costa del Sol-based boiler rooms, in exchange of an upfront fee.

Mr. Ramirez, according to the Malaga Police Fraud Group, has operated a succession of companies that were all devoted to scamming mostly British innocent timeshare owners. The Court ruling finds, quite naturally, that it is fully coherent and consistent with the above report to name Mr. Fabian Marcelo Ramirez a conman, and that freedom of expression has to prevail, above any other consideration, given its intense public interest.

I presume further action, by the Malaga Police Forces, is now underway.

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