WE ARE LOOKING FOR EFFECTIVE AND PRAGMATIC WAY THE BEST RESULT FOR OUR CLIENTS.
Success in criminal law, can mean free absolution after the trial, obtaining provisional liberty with or without bail before trial, dismissal of the case during the investigation process, the best negotiations with the Public Prosecutor, obtaining annulments of the procedure etc.
We present below a list of our latest success stories and relevant interventions:
Komi Koutché, Former Minister of Economy and Finance of The Republic of Benin. Extradition annulled
In this case, Chabaneix Lawyers have defended Mr. Koutché from the extradition request made by the authorities of the Republic of Benin for the crimes of embezzlement of public funds, influence peddling and money laundering, among others.
Initially Chabaneix Abogados granted Mr Koutché provisional release and, following a hearing at the Audiencia Nacional, extradition was refused on the following grounds:
The facts reported did not constitute a crime in Spain, so the principle of double incrimination is not complied with.
The order issued by the Benin authorities was fraudulent because it was issued when Komi Koutché was unable to attend the summons.
The court set up to try the case is an exceptional political court appointed by the executive branch to prosecute opponents.
There are documented cases of reprisals against opponents of the Regime and the extradition was intended to politically annul the main leader of the opposition, Komi Koutché.
Luis Chabaneix and his team of lawyers demonstrated in an absolutely convincing manner all these points, which were included in the judicial resolution denying extradition.
EXTRADITION TO ECUADOR. EXTRADITION DENIED.
The Criminal Chamber of the National Court has denied the request for extradition of an Ecuadorian man to his country of origin based on the arguments used by Chabaneix Criminal Lawyers.
On the one hand, the lack of reciprocity was alleged since there was an express prohibition contained in the Ecuadorian Constitution, by which the Republic of Ecuador would be obliged to deny the extradition of a national of said country who had requested ours. On the other hand, it was demonstrated that the claimed person effectively held Spanish nationality.
EXTRADITION TO ALGERIA. “EAST-WEST HIGHWAY” CASE EXTRADITION DENIED.
Our client was arrested on the basis of an extradition request to Algeria in which he was accused of being part of a corruption plot in the construction of the East-West Highway, the biggest political-financial scandal of the last decade in Algeria.
The arrest warrant issued for his prosecution did not specify at what time or what exactly our client’s conduct had taken place. Moreover, when Algeria sent the extra-judicial documents, not only did they continue to fail to specify these fundamental elements, but a sentence was handed down which, without explaining the facts, had sentenced our client in absentia to twenty years in prison.
As a defense, we highlighted the obvious lack of determination of the criminal conduct of which our client was accused, that is to say, that the principle of double jeopardy contained in Article 2 of the Passive Extradition Law was not fulfilled.
Despite the persistent insistence of the Public Prosecutor’s Office, the Audiencia Nacional granted our request to reject the request for extradition to Algeria, precisely because of the formal errors we highlighted.
Extradition to Venezuela: Freedom and archive of the process
A procedure was initiated in the Audiencia Nacional to extradite to Venezuela a young opponent of Mr. Nicolás Maduro. In 2016, in the course of a revolt in which our client was participating, the death of a captain of the Bolivarian National Guard took place; for this reason, an investigation was opened for homicide against several opponents, including our client.
Our client fled to the United States where he was detained, and his deportation to Spain was decreed, due to his dual Spanish-Venezuelan nationality. His family contacted our Office in order to obtain his release as soon as he arrived in Spain; and we did so, obtaining his release after the first hearing before the Audiencia Nacional.
In the course of the procedure in the Audiencia, in view of the fact that Venezuela did not respect the deadline established in the bilateral Treaty to provide the extraditional documentation, we presented a request for the procedure to be filed. In spite of the opposition of the Public Prosecutor’s Office, the National High Court granted our request, all cauteral measures imposed were lifted and the extradition procedure has finally been filed.
OPERATION “TANDEM”. Audiencia Nacional. Criminal group- Commissioner Villarejo. Money laundering. Bribery. Corruption between individuals.
Chabaneix Abogados Penalistas will be in charge of holding the private accusation on behalf of Mr. GABRIEL NGUEMA LIMA, current Minister of Mines and Hydrocarbons of Equatorial Guinea, son of the President of the Guinean Republic Mr. TEODORO OBIANG NGUEMA.
Our client is the main victim of the mediatic cause, followed by the so-called “King Report” allegedly prepared by the former police commissioner José Manuel Villarejo, who on behalf of persons opposed to the succession in favor of our client, and change of very large sums of money, carried out monitoring, illegal investigations, and planting false news in order to discredit our client
EXTRADITION TO CUBA. INTERNATIONAL HUMAN TRAFFICKING NETWORK. EXTRADITION DENIED.
Our client, grandson and son of dissidents of the Castro regime, was arrested pursuant to an extradition request from the Republic of Cuba. He was requested to be tried for allegedly leading an international organization, by virtue of which he facilitated people’s departure from Cuba, taking them illegally to Mexico and the United States. The maximum penalty applicable to the crimes for which he was claimed was life imprisonment.
For this defense, various arguments were put forward to oppose his surrender, focusing on his Spanish nationality as the one actually used, and the non-existence of the principle of reciprocity on the part of Cuba with regard to the surrender of Cuban nationals.
The Public Prosecutor’s Office was at all times contrary to our claims, but in the end the National Court decided to uphold the position of this defense, denying the surrender of our client to Cuba.
EXTRADITION TO PERU
Our client, a renowned physician with several clinics in the Andean country, had received grants from the public administration to upgrade his medical equipment.
In his case, he has used the funds to recruit staff, which was necessary for the operation of the equipment.
Our client was released at the first hearing and after a careful study of the extradition file, the proceedings were closed.
VITALDENT CASE Audiencia Nacional. Criminal group, tax fraud, money laundering, fraud, misappropriation, forgery …
CHABANEIX Abogados Penalistas, has been appointed in CASE VITALDENT, to exercise the defense of one of the Group’s leaders. The case began to be investigated by a Court of Majadahonda (Madrid) and then by the Audiencia Nacional (the federal court of Spain).
The supposed fraud of the dental clinics, consisted of a group of people, among them the then owner of Vitaldent, designed “a complex fraudulent system towards the franchisors, clients and patients and the own Treasury”, so that its dome received each Year 17.2 million euros in black money, only from the 146 clinics that the chain had.
The crimes are against the public treasury due to the amount of fraud and the use of interposed persons; the forgery of the accounts, money laundering, all committed within a criminal organization.
Finally, we have obtain the dismissall of the case for our client.
“General Hospital of Valencia” Case. Embezzlement of public funds, bribery, forgery …
CHABANEIX ABOGADOS PENALISTAS, has been appointed in the “HOSPITAL GENERAL DE VALENCIA” case. It is a very extensive operation of diversion of public funds to multiple companies related to the health sector in the province of Valencia.
Agents of the UDEF registered the headquarters of the Ministry of Health and the General Hospital of Valencia for seven hours, as well as the headquarters of several companies supplying this department and that hospital. In the same operation has been arrested, among others, the nephew of imprisoned exconseller Rafael Blasco, Sergio Blasco. We will continue informing.
TROIKA COOPERATION. Russian Mafia, money laundering, criminal organization. Suspension of sentence.
CHABANEIX Abogados Penalistas, has recently appeared in the famous case against the Russian mafia known as “OPERATION TROIKA”, with great media relevance because it was considered the fourth largest crime organization in the world (Tambovskaya). The instruction in this case was carried out by Judge Baltasar Garzón, one of his most relevant cases.
The oral trial of this powerful international criminal plot lasted five weeks in the Audiencia Nacional (Federal Court). The Prosecutor’s Office accused almost 30 people of of conspiracy of crime and money laundering. Specifically, our client was accused of having been an advisor to one of the four ringleaders of the Russian mafia in Spain for money laundering.
This case is having an absolute influence on the political, judicial and economic world of Russia. The prison term petition against our client was 7 years in prison and a fine of 15 million euros. Finally, we have obtained a penalty of one year and seven months, which, being less than two years, means that our client did not enter the prison. The penalty of a fine of 15 million was reduced to 26,000 euros.
ART AND NATURE CASE (AFINSA) Audiencia Nacional. Massive pyramidal scam, suspension of sentence.
It is one of the biggest cases of pyramidal fraud (Ponzi fraud) that occurred in Spain. Set up by a former AFINSA worker, who was inspired by the fraudulent system used by the latter and the Philatelic Forum, but applying it instead of stamps, to works of art. Art and Nature cheated for almost ten years, a total of 434 million euros, to 19,360 injured.
Our client was an independent auditor, who issued an audit report on the company in a single exercise. However, he was unjustly accused of numerous crimes, such as the continued crime of aggravated fraud, punishable insolvency crime, continued crime of accounting forgery, and crimes against consumers. This led to the fact that we had to face 12 plaintiffs (private accusations), some of whom were seeking the punishment of up to 23 years in prison.
After the trial, our client was sentenced by the Audiencia Nacional to four years in prison. Not satisfied with this result, we take the case to the Supreme Court, who has just failed to partially uphold our appeal, absolving him of all crimes except for the forgery of the accountings, for which he has been condemned as a cooperator to the penalty of a year of prison. This penalty may be suspended, which means that after eleven years of struggle, our client can avoid entry into prison.
EXTRADITION TO CHINA. Audiencia Nacional. Extradition dismissed.
A procedure was initiated in the National High Court, to extradite to China an important businessman from the shipping and natural sector of Hong Kong. He was accused of committing an alleged crime of fraud and multi-million dollar contract fraud against a Chinese state company.
When representing us for his defense, we find that the Public Prosecutor’s Office, in his report, requested that extradition be carried out when there is no element that could prevent it. However, after studying the file in detail, we conclude that the facts for which our client was claimed had prescribed. And in addition, concurred another series of errors in the procedure as for example that the facts related in the red alert of the Interpol (international order of detention) differed completely with those exposed in the file that China sent to the Spanish courts for the resolution of the extradition.
Despite initially having the Public Prosecutor against us, at the hearing before the Chamber, he acknowledged the existence of the impeding causes for the delivery by us. Finally, we obtained the dismissal of the extradition.
Criminal Court of Madrid, acquittal. Four partners of a company dedicated to property development, were accused by the fifth partner, who accused them of having emptied the social patrimony for their own benefit. Due to the economic crisis, the estates owned by the company were not sold, so our clients decided to buy them themselves.
In CHABANEIX ABOGADOS PENALISTAS, we have defende two of the partners. At the trial, the fourth partner was convicted and yet all of our clients were acquitted, since it was proved that they had not committed any crime.
OPERATION “FÉNIX” (MARIO CONDE): Audiencia Nacional. Money laundering, criminal association, punishable insolvency, tax fraud.
CHABANEIX ABOGADOS PENALISTAS has been appointed in the Operation FÉNIX. This is the operation against Mario CONDE and its environment, following a complaint filed by the Anticorruption Prosecutor for crimes of money laundering, criminal association, punishable insolvency (frustration of the execution of sentences) and crimes against the Public Treasury.
The procedure is being processed by the Central Court of Instruction number 1 of the National Court. Our client is investigated, for having supposedly participated in the operation of the business structure of Mario Conde and its surroundings, which supposedly served to avoid the payment of the civil liability imposed in the Banesto case more than 20 years ago, to avoid the payment of taxes and money laundering abroad (Luxembourg, Switzerland, Dubai etc.).
OPERATION “KOEMAN”. Provincial Court of Segovia.
International drug trafficking. In this procedure, more than ten people were arrested and accused of trafficking in various narcotic substances and of processing and handling them. The trial took place in the month of February 2018.
After five years of instruction, we obtained the suspension of sentence for two of our defendants who were required a sentence of 8 and a half years in prison. They will not enter prison.
OPERATION “CARDON”. Audiencia Nacional. Money laundering, criminal organization, bribery, international arms trafficking.
CHABANEIX ABOGADOS PENALISTAS defend the main accused defendant of the Operation Cardón, one of the largest cases of money laundering related to international arms trafficking.
EXTRADITION TO ALGERIA. Audiencia Nacional. Extradition dismissed.
Our client, a businessman from the cosmetics sector, was sued by Algeria to serve a five-year prison sentence that had been handed down in his absence. Italy had already denied his extradition to Algeria for that same request, but the client, upon entering Spain, was again arrested and faced with another procedure with similar characteristics, although the reasons why Italy refused his extradition were not applicable in the Spanish case.
After a thorough study of the new extraditional file, we argued that extradition should be denied due to the absence of the requirement of duality of the crime, since although he was already convicted in Algeria, in Spain his conduct would not have been an offense but a mere administrative offense . This argument was finally estimated by the Chamber, its delivery to Algeria being rejected.
EMPERADOR CASE (GAO PING). Audiencia Nacional. Chinese Mafia, money laundering, tax fraud, criminal organization.
It is a macroinvestigation that has been processed for six years in the Audiencia Nacional, against the so-called “Chinese Mafia” presumably led by the well-known businessman Gao Ping.
Our client is reproached for being involved in the aforementioned organization, specifically purportedly carrying out money laundering operations by taking money from Spain to other States of the European Union through his company. As a result he was put in search and international capture, being detained abroad and brought prisoner to Spain.
His family requested our help and we immediately obtained his release. Currently the processing of the extensive investigation continues.
CORPORATE OFFENSE. Courts of Almería. Forgery and fraud. Dismissal and file.
Our representative was denounced by the rest of the partners of a company of which he was equally a participant, dedicated to the sale, management and distribution of waste.
They reproached him for having received in his name and for his own benefit amounts that were returned by the Tax Agency in favor of the company and that exceeded one million euros. Subsequently, the accusation against the children of our represented party was broadened, due to the alleged commission of a crime of raising property. In CHABANEIX LAWYERS ABOGADOS PENALISTAS, we have defend three accused persons.
Finally, after several months of struggle and negotiation with the opposing party, the procedure was dismissed and filed for our defendants, thus preventing them from appearing in court.
“COBALT GANG” CASE. Audiencia Nacional. Russian hackers. International cybercriminality.
LUIS CHABANEIX, is defending the Russian hacker, considered the most important cyberlaw of the world. Our client allegedly led the technical side of an international organization, dedicated to robbing ATMs and banks around the world.
Through hackin and computer manipulation of banking computer systems with malware such as Carnabak or Cobalt, our client supposedly got cashiers from all over the world to expel the money they had available, collecting it at the time other members of the organization, and converting it into cryptocurrencies to hide the huge amounts of money thus obtained.
In this case is involved not only the Spanish Police but also the FBI and police departments from Russia, Thaïland and many more countries.
OPERATION “SHOPPING”. Audiencia Nacional. Chinese Mafia Money laundering, tax fraud, criminal organization.
More than 60 people were detained in the well-known Cobo Calleja business area of Madrid, for allegedly integrating a Chinese criminal organization dedicated to money laundering, tax fraud and contraband.
Supposedly, the members of the organization to launder the money, gave it to groups of Chinese tourists ordering them to acquire luxury products such as handbags or jewelry, and also took advantage of the fact that tourists, not being residents of the European Union, were entitled to to the refund of VAT. We have obtained that our clients are in provisional liberty while it continues the processing of the cause.
Provincial Court of Almería. Embezzlement of public funds, fraud against public administration. We have passed the eighteen sessions of trial of the so-called “invoices case” of the Tourist Board of the Provincial Council. Members of the Almeria Provincial Council are accused of supposedly having devised a plan for which they would have appropriated more than 600,000.- € of public funds from the institution for their own benefit, after agreeing with various employers to prepare false invoices.
OPERATION “INGOTS”. Provincial Court of Zaragoza.
Fraud and massive Scam, criminal group. CHABANEIX ABOGADOS PENALISTAS are appointed to hold the defense of an employee of ArcelorMittal in Zaragoza, accused of continued aggravated fraud and belonging to a criminal group. This is an investigation against workers of the multinational ArcelorMittal, for a supposed fraud of several million euros.
More than seven years of prison were required against our client and finally, after the first court he only had been sentenced to two years of prison which means that he don’t have to go to jail. By the way, we continue to defend his complete innocence, so now we applied an appeal to the Supreme Court.
CRIME OF THE ALBUFERETA. Provincial Court of Alicante. Homicide. Absolution.
This has been one of the last most relevant crime cases in Alicante. Two young French men were accused of having beaten a prostitute. The Prosecutor’s Office requested a 15-year prison sentence for both of them. In the present case, our defendant faced this penalty for homicide before a popular jury, despite not having participated in a crime committed by the other accused.
In the trial it was shown that our defendant had gone after the place where the murder had occurred and where the body was located. His only participation was to remove the body and clean up the crime scene. For this reason, he was not sentenced for homicide but for concealment and could be released.
DRUG TRAFFIC. Courts of Leganés. Cancellation of entry and registration and filing of the case.
In this case, our client is a young man from Madrid who was arrested in a police operation carried out in the city of Leganés. In this operation, a catch of drugs (hashish, cocaine, marijuana and pills) was seized along with supplies destined for the sale of the same and money in a fractioned ticket, in the house where our client was illegally residing.
A priori, the crimes of drug trafficking and usurpation of real property were committed and a prison sentence for our client seemed inevitable. But not satisfied with this, we decided to focus the line of defense on a thorough analysis of the procedure, by virtue of which, formal defects were found that entailed the injury of the fundamental rights of our client.
Specifically, we detected two procedural errors: on the one hand, the entry and registration in the dwelling took place without concurring any of the legal cases that may be based, and on the other hand, the chain of custody of the drug was broken by more than twelve hours. For all these reasons, based on our request for dismissal, the case file was obtained.
Chinese Mafia Fraud against customs and tax. Criminal organization. This is a broad police operation against fraud in operations of massive imports of containers from China.
The procedure, especially complex, pursues crimes of money laundering, criminal group, crime against Customs and the European Treasury, falsehoods in mercantile documents, etc. At present, after the arrests made, our client is on provisional release.
OPERATION “SPES NOSTRA” (PART 2). AUDIENCIA NACIONAL .
International drug trafficking. 3,500 KG of cocaine. The SPES NOSTRA operation was one of the largest seizures of cocaine by sea. More than 3,500 kilos of the substance mentioned in Denia were confiscated. In the year 2010, our office appeared in this procedure to exercise the defense of one of the crew of French origin who was aboard the ship bound for Venezuela. After the oral trial, our client was acquitted.
On this vessel was another French citizen, who can not be tried for being paid a prison sentence in France for 17 years for assaults on armored cars. Even so, he was still imputed and awaiting trial. The first problem in this case, is that being imprisoned in France, the Spanish procedure could not advance until our client did not comply with the entire sentence imposed in France, which was unacceptable.
We put in place European judicial cooperation mechanisms so that, despite the detention in France, the procedure could be unblocked in Spain. Once this first step was achieved, we presented a petition for dismissal, which was accepted. It meant the freedom of our defendant and the file of the procedure in Spain without having to go to trial and obtain his free acquittal.
OPERATION “PARAKA”. AUDIENCIA NACIONAL. International traffic of 1,500 kilos of cocaine.
In this proceeding, we defended three defendants investigated for their participation in a network dedicated to the international traffic of narcotics. The operation culminated in the seizure of more than 1,500 kilos of cocaine. At the beginning of the procedure we obtained the file and dismissal of one of the accused.
A posteriori and after the oral trial in which the Public Prosecutor requested a sentence of 13 and a half years, we obtained a sentence of deportation from Spanish territory.