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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 ‘recovery rooms’

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.

Documents

Scams , , , , ,

Spanish Boiler Rooms Dealt With By the FSA

February 10th, 2011

It is a measure of how Britain deals with those lawyers that go astray: the BBC reported, back in May 2010, that a lawyer and his firm had been fined £400,000 and banned for life from the financial services industry for helping bogus share-selling boiler rooms based in Spain. The disciplinary action document was published on the FSA website.

This is in stark contrast with the impunity of some Spanish lawyers based in Malaga that still today act for fraud-recovery boiler rooms (I would like to think that unknowingly), lending their names and registration details with the Law Society so that these so-called firms can deluge the United Kingdom, and other EU countries, with thousands of telephone calls, pretending to be genuine lawyers that can recover losses sustained previously by the recipients of the calls, either on failed property investments or to other fraudsters.

Ramirez and Ramirez, run by Fabian Marcelo Ramirez, is probably the leading bogus law firm on the Costa del Sol, and sits comfortably at the top of a myriad of “recovery rooms” that are costing millions to British citizens, mostly. Mr. Ramirez has even the cheek of suing me, criminally, for divulging defamatory comments that “harm his reputation, and that of his professional firm, on the Costa del Sol”, when it is objectively true that he fronted two previous companies, “Fuengirola Servicios 2002” and “Key Property Town Advisory”, accused of massive timeshare fraud and for which he had been arrested, and that he targets hundreds by cold-calling them offering legal services.

The particular modus operandi of Mr. Ramirez consists now on filing police reports, or “denuncias”, against other bogus operators, attempting to create confusion by diverting the attention of the investigators at the Spanish National Police, all the while projecting an appearance of legitimacy to his activities. Needless to say, real lawyers are never appointed (their names are used though, just as Atlantic law did), powers of attorney are yet to be seen and, of course, monies are never recovered.

How desirable would it not be that the Spanish authorities clamped down on these individuals, once and for all? Very much so, but patience: serious judicial and police measures are on their way, in particular after yet another new “company” has set up to do exactly the same: “Bratley and Sharp”.

Litigation, Scams , , , , ,