Dear Posters,

Lawbird Legal Services, on recommendation of the Spanish Police Forces (Policia Nacional), has decided to prepare a case against Fabian Ramirez Marcelo, of Ramirez and Ramirez, for allegedly carrying out criminal activities, more specifically theft by swindle.

We are compiling evidence to substantiate a case which we will be filing with the Spanish General Prosecutor on behalf of the public interest, having in mind those individuals who have already been riped-off previously by some nomadic boiler room operating somewhere between Torremolinos and Fuengirola, larger time share companies or fraudulent land-banking scams.

The case will be directed against Fabian Ramirez Marcelo, an Argentinian citizen who has previously been fronting 2 similar organisations (Key Properties Town Advisory S.L. and Fuengirola Servicios 2002 S.L.) and which have been dismantled by Spanish Police Forces, and his acolytes. Mr. Ramirez is a well known operator of the Costa del Sol and he is a familiar face at the Malaga Police Station, in particular with the Fraud Squad (Grupo de Fraudes Financieros de la UDEF Central) (+34 952 046 200).

The operation is called "recovery room" scam and several arrests have already been taking place in Malaga (see below):

http://www.eldigitaldecanarias.net/noticia23667.php

In this ocassion, however, recently graduated lawyers are being used to create an illusion of genuineness and legitimacy and also to attempt to dillute and disperse the efforts of proving the deceipt. Such "lawyer" activity consist of a filled out form being filed with the Courts and stamped. Such claims, called "denuncias", are presumably being lodged in the hundreds on behalf of unsuspecting victims who do believe that there is any possibility to recover any of the money.


Having already met with officers of the Fraud Squad it is clear that the "modus operandi" used cleverly leaves little space to identify the intent to defraud, but the reality is that, objectively, the following are conclusive of the illegality of his activities:
  1. Selling legal services when objectively they do not have lawyers as shareholders of their companies, and to that extent pretending to be long established legal firms, when the company has only be around for a few months.
  2. Cold-calling previously identified persons who have already objectively been ripped off once. These persons are listed on endless databases of timeshare owners, known in jargon as "sucker lists", that contain as much details as possible about known victims of previous scams. The less burnt these lists are the more expensive they get.
  3. Promising success in recovery of funds through the Courts when it is objectively clear to the defrauder, that recovery of funds is all but impossible. To this extent notarial, legal and judicial (ocassionally falsified) documents are used so that they gather the full confidence of their victims.
  4. Utilizing unethical, immoral and highly deceiptful sales pitches, bullying at times but ocassionally very sophisticated, to persuade the victim to send money upfront, without regard to their financial or legal situation nor their age.
In sum, our firm will prove, beyond reasonable doubt, that the following elements concur in the activities displayed by the people behind Ramirez and Ramirez (since companies don't have criminal responsibility):

  1. Representation
  2. Falsity of the representation
  3. Materiality of the representation
  4. Speaker's knowledge of the representation
  5. Speaker's intent it should be relied upon
  6. Hearer's ignorance of the falsity of the representation
  7. Hearer's reliance on the representation
  8. Hearer's right to rely on the representation
  9. Hearer's consequent and proximate injury caused by reliance on the representation
Lawbird Legal Services staff fully endorse this action and will work in co-ordination to obtain as much evidence as possible from people who have paid monies to Ramirez and Ramirez and that will, unfortunately, never recover any of the losses previously incurred in. To this effect a special section will be published where victims will be able, without the need to identify themselves should they not wish, send any documentation.

We finally strongly recommed anyone who is currently dealing with Ramirez and Ramirez to record, if possible, telephone conversations with the telephone operators, request copies of their passports, obtain as much paperwork as possible from them relating to the successes they have obtained, and, of course, refrain from paying any sum of money.

Lawbird Legal Services will not charge for any of the above actions to anyone, but will not represent any individual claimant against either Ramirez and Ramirez nor any of the previous scams they have been trapped in, due to a) the objective improbability of obtaining any recovery and b) the current inefficacy of the Spanish Authorities to stop this scam from spreading like a cancer.