The Second Section of the Provincial Court of the Balearic Islands has scheduled for the beginning of June the trial of the former president of the Balearic Tennis Federation, Jaume Amengual, and the former manager, Luciano Gutiérrez, for an alleged diversion of funds of more than 115,000 euros.
The Court has held this Wednesday a pre-trial hearing, in which the Prosecutor’s Office requests a sentence of four years in prison for each of those prosecuted for an alleged crime of misappropriation.
The prosecutor states in his brief that, during Amengual’s mandate –who was president between 2011 and 2012– there was a change from a board of directors to a single-person management, with the functions assigned to the president, and that it was during that period when Gutiérrez was hired as manager.
The Prosecutor’s Office maintains that Gutiérrez presented the federation with numerous invoices for allowances despite the fact that in some of them he was not listed as a client, but rather a company linked to him, and that the president approved those payments.
The accusation believes that the president knew that Gutiérrez was the owner of most of that company, despite the fact that his wife was formally listed as administrator. The prosecutor’s brief also states that the president bought sports equipment for the Federation from that company on at least one occasion, “without proof that it was the best price.”
In addition, the Public Ministry indicates that between 2008 and 2013 the manager’s salary was increased without justification or labor document that modified his conditions; and that in 2010 Gutiérrez issued from the Federation a promissory note for 8,000 euros that was paid the same day in his bank account.
The Prosecutor’s Office also sees evidence of a crime in a collaboration agreement between the Federation and the manager’s company, for which the first paid 6,000 euros and the other gave up the use of tennis courts. According to the prosecutor, this agreement was not offered with any other club. In addition, it highlights that it was about tracks whose exploitation had been granted to the company by adjudication of the Calvià City Council.
During the validity of the agreement, numerous invoices were presented by the company to the Federation referring to competitions, infrastructures, referees, physiotherapists and tournament management without the proof of payments to third parties being recorded.
The Prosecutor’s Office asks, in addition to the prison sentence, a fine of 2,000 euros and that the defendants return the amounts diverted to the Federation.
