“The abbreviated procedure is initiated for an alleged crime of fraud in article 248, 249 and 250 of the Penal Code.” This is how the order of the Court of Instruction number 1 of València of July 24, 2020, to which elDiario.es has had access, is pronounced on the investigation against Ximo Díaz Andrés, former provincial vice-secretary of Institutional Relations of Vox and former advisor in the Provincial Council of Valencia.
Díaz abandoned his responsibilities in the far-right party last June alleging personal reasons, when he is waiting for the Criminal Court number 4 of València, in which the case is now being processed, as confirmed by sources from the Court Superior of Justice of the Valencian Community (TSJCV), set the date of the oral hearing of abbreviated procedure for mortgaging the home of an 89-year-old woman. In this case, the Prosecutor’s Office does not accuse, but a private accusation does.
According to the order, in December 2018 the woman went to a notary’s office “as a guarantor of the loan agreed as a debtor, a deed by which she guaranteed the payment of the loan with the mortgage guarantee of her property located in Valencia, signing all of this on the basis of to the explanations “given by the accused.
Before the signing of said contract, there were personal deals between the parties, since the victim was a personal friend of Díaz’s wife, who “fraudulently” convinced her to sign “the deed of the loan to achieve financial gain.” at the expense of the elderly woman, “convincing her with inaccurate promises and opaque activities without giving further explanations to the lady, who mortgaged her only home, which was the usual one.”
After the signing of the notarial deed, “the loan repayment installments were issued” to the victim for the sum of “494.38 euros, paying them until the beginning of 2019, filing a complaint with the National Police on August 19, 2019” in which he claims “for financial damages and for the lack of consent to mortgage his house.”
The magistrate adds in the order that the deed by which the complainant’s only home was taxed “is an act of fraud, suspicious since she did not earn anything in the business but was forced to pay the loan by taxing her house, claiming not be aware of it due to the previous deception and the false explanations given by the investigated, who excused himself that he had previously helped the lady and they had mutual trust “. He added that given the 2008 economic crisis, the investigated received from the complainant an offer to help him “even by leaving the house in his will.”
The judge adds that “the unusualness of the business, where only the investigated won by obtaining liquidity and a loan that did not pay, the deceptions carried by the abuse of personal trust lead to the scam being appreciated in this case, having to reach the oral trial without more investigative diligence may be necessary. ”
Díaz was a leader of Unió Valenciana and was dismissed in 2003 from the management of the public company Fervasa, which depended on the Metropolitan Entity for Waste Treatment (Emtre). The then president of the entity, the councilor of the Valencia City Council María Jesús Puchalt (PP), dispensed with him, among other reasons, for not presenting the entity’s accounts in the commercial register since 1999.