Prescription of Urban Violations | Construpedia

Prescription of Urban Violations

Introduction

Malaya Case or Operation Malaya was the name given to an operation against urban corruption in Spain, initiated and directed for the most part by Judge Miguel Ángel Torres Segura and the Anti-Corruption Prosecutor's Office, whose first investigations date back to November 2005. [1] With the epicenter in the Marbella City Hall, the operation uncovered a network of associations that covered up numerous criminal activities - bribery, embezzlement public funds, prevarication, influence peddling, etc.—carried out, among others, by politicians from the Marbella City Council, although the ramifications extended to other locations such as Málaga, Madrid, Huelva, Cádiz, Murcia, Granada, Córdoba "Córdoba (Spain)"), Seville and Pamplona.[1] Businessmen, lawyers, politicians, officials and other famous personalities from the gossip press were involved in the plot. Due to its complexity and particularities, it is a paradigmatic example of the corruption associated with real estate development until the 2008 crisis, it served as a model for other investigations into urban corruption and paved the way for an almost uninterrupted succession of judicial instructions in dozens of Spanish town councils.[1][2].

In addition to the main plot, multiple separate pieces were also tried and ratified after appeal to the Supreme Court.[3][4] For some of those convicted, the 'Malaya case' and its derived pieces have meant enduring more sentences and a large debt with the Public Treasury.[5].

The judicial operation was named after the Malay or Chinese drop method of torture, in which the prisoner is immobilized and a drop of water falls on him every five seconds, causing damage to his skin but also the inability to sleep.[6].

Background

Beginning of corruption associated with tourism in Marbella

Marbella is a town located on the Costa del Sol, an Andalusian region in the south of the Iberian Peninsula. Since the 1950s, it went from being a poorly developed region to experiencing rapid growth due to the tourism sector.[7] For this activity, the Malaga coast has the advantages of a subtropical Mediterranean climate and a mountainous interior strip that serves as a screen from the cold of the North, and whose slope faces the sunny slope. Compared to the rest of the towns on the Costa del Sol, Marbella had the additional advantages of having flat surfaces traditionally used for agricultural exploitation. These lands are located at a certain height but not far from the beach, which are more suitable for the construction of urbanizations.[7] However, the slate substrate to the west of the municipality, the limestone in the interior and the sloping areas make building extraordinarily difficult in such a way that the potential developable areas in Marbella are limited.

Prescription of Urban Violations

Introduction

Background

Beginning of corruption associated with tourism in Marbella

Marbella during the first years of democracy

Since the mid-1970s, coastal tourism on the Costa del Sol has experienced changes as a result of two events with great impact on the sector. Firstly, the oil crisis of 1973 caused an increase in energy costs that affected the model that Spain offered to the rest of Europe, due to its dependence on cheap energy and abundant labor.[10] Apart from the general decrease in visits to the region, there was the bankruptcy of several companies in the sector, such as SOFICO, with a large presence throughout the Costa del Sol. In 1979, a new economic crisis that led to a new rise in prices severely affected the sector for the second time. in a short space of time.[10] The second event that affected the model was the political transition in Spain from the Franco dictatorship to a representative democratic system in a manner comparable to the rest of Western Europe.[10] The change of regime brought with it the creation of a legislative framework for tourist exploitation and the first regulations for the conservation of the Mediterranean coast. Law 22/1988, or coastal law of 1988, was the first response to the need to conserve the landscape and ecology of the Spanish coasts, some of them overexploited and showing symptoms of degradation.[11] In addition to the central administration, city councils will try to control the use of the coastline with local regulations or local actions, such as the construction of promenades or beach regeneration plans.[11].

The progressive changes in the normalization of tourist activity pushed exploiting companies to change the model from mass tourism, based on a wide hotel offering, to residential tourism. This change would be sustained by a constant pace of construction of properties for second homes, marinas and other complexes in imitation of those developed on the French Riviera.[10].

In Marbella it was characterized by an increase in international investment that transformed the urban area and its surroundings. In 1981, King Fahd of Saudi Arabia built a palace in Marbella, which led to the arrival of capital from countries in the Persian Gulf and the generation of Arab tourism in Marbella.[12][13] These new owners progressively joined the Marbelli jet set. This group was initially made up of personalities from the European nobility who were joined by other European upper class figures and some Hollywood actors from the 1950s and 1960s.[12] In the 1980s, personalities from the financial world, bankers and businessmen who prospered in the first years of democracy and with connections with PSOE officials, were seen in this group in the State government between 1981 and 1996. With the explosion of tourism Arab in Marbella, oil businessmen are going to join the jet set circle along with other alleged criminals from organized international crime gangs, arms traffickers or other personalities of more than dubious reputation.[14][15][16].

In 1986, the Marbella City Council approved the General Urban Planning Plan (PGOU) that establishes the limits for urban construction. That same year Jesús Gil, at that time just a construction businessman and owner of the Atlético de Madrid soccer team since 1987, began several construction projects through his company Vegángeles.[15][17] In this period he suffered several clashes with the city council because its municipal technicians paralyzed the works due to alleged irregularities. In 1990 Gil was in a delicate financial situation. The real estate projects accumulated a multitude of administrative infractions for not paying their employees' contributions to Social Security, nor taxes to the Public Treasury.[17] In addition, there were many unsold homes with liquidity problems. As a solution to this situation, and with the aim of taking control of the urban planning of Marbella, he presented a candidacy for mayor of the Marbella City Council with a party created in the image and likeness of Gil himself: Grupo Independiente Liberal (GIL).[15].

Marbella under the GIL government

At the end of the 1980s in Marbella there were inhabitants with high levels of inequality in which the most humble classes suffered high rates of unemployment and poverty. For their part, the Marbella jet set saw their investments in danger as they faced a decline in Marbella as a favorite destination for second homes for the upper class.[15] Jesús Gil's strategy to win the mayoralty was to gain popularity among the Marbella population. To do this, he began to frequent the local religious processions. He also put the name of Marbella on Atlético de Madrid shirts for free and gave away advertising material for the club at public events. He also reached agreements with the jet set that his economic interests would be guaranteed.[17] Finally, Gil agreed to a loan to finance the campaign with the Banesto bank, with whose president Mario Conde he had a friendly relationship. His party's electoral campaign was populist with a spectacular result. Gil's candidacy achieved 65% of the votes (20,531 of a total of 31,928 votes cast), winning the mayoralty of Marbella in the 1991 municipal elections.[15][17][18].

Gil's politics in the early years responded to a caudillist style of the mayor where too often the interests of the corporation and those of Jesús Gil were mixed.[17] Many of the expenses assumed by the municipal corporation were at the expense of Gil's businesses. The municipal government is characterized in this stage by making changes to the 1986 PGOU for the rectification of land with which to obtain capital gains and the privatization of municipal services carried out by private companies. Companies that were ultimately owned by Gil himself or those close to him.[17] A third characteristic was to significantly increase the number of municipal police officers, whom Jesús Gil encouraged to commit police abuse and coerce anyone who showed opposition to him.[17].

In this period, the consequences of the overexploitation of the natural environment and landscape disasters are clearly evident on the Costa del Sol.[10] In reaction to the degradation of the natural environment, greater awareness of conservation grows, which will manifest itself in stricter regulations at the state and regional level of Andalusia. These legislative changes are going to collide directly with the government of Jesús Gil in the Marbella City Council.

White Whale Case

The GIL, the personalist party of Jesús Gil, once again won the municipal elections of 1995 and 1999 by an absolute majority.[19][20] Around the mayor's figure grew figures he trusted who had been accompanying him since the tragedy in the Los Ángeles de San Rafael urbanization in 1969, in which 58 people died when a roof collapsed due to manufacturing defects and of which the builder was the responsible.[17] Other political careers were also born within Jesús Gil's circle of trust that would also be protagonists in the Malaya Case.[1].

At the end of the 1990s, the judicial problems of his performance as councilor in Marbella began to accumulate for Jesús Gil. The end of his active political career occurred as a result of the 'T-shirts case'. Marbella advertising on Atlético de Madrid t-shirts was initially free of charge, although the city council in 1990 had not authorized the marketing operation. Subsequently, an alleged diversion of 450 million pesetas (approximately 2.7 million euros) from the city council to Atlético de Madrid was discovered. With the complaint of a PSOE councilor in the opposition, a judicial process begins in the Malaga Court that ends with the sentence of Jesús Gil to 28 years of disqualification for four crimes of prevarication and two of influence peddling. The sentence was confirmed by the Supreme Court on April 5, 2002. On the 24th he was forced to resign as mayor, passing the baton of command to Julán Muñoz.[1].

The definitive fall of the GIL due to the Malaya Operation began in September 2003, with the 'White Whale case', when the Tunisian drug trafficker Sophiane Hambli escaped from a French prison to take refuge in Marbella. The French police, in collaboration with the Spanish police, investigate a possible money laundering plot that the drug trafficking organization was carrying out on the Costa del Sol. In the spring of 2004, Hambli and his lieutenant were arrested. The investigation after his arrest identified the existence of commercial companies as vehicles for money laundering of money from drug trafficking. Investigating more deeply, it was discovered that all the companies were established in a law firm in Marbella, the law firm owned by Fernando del Valle.[21] In March 2005, the case was investigated under the name Operation Ballena Blanca, which served to dismantle a more complex money laundering network on the Costa del Sol associated with urban corruption.[22][23] The investigation revealed that a conglomerate of more than a thousand companies, with branches around the world, they brought money into Spain for cleaning through the acquisition of real estate. The black money was sent to Fernando del Valle's law office. This firm created intermediary companies in various tax havens such as Gibraltar or the US state of Delaware, and through the alleged collaboration of notaries, real estate investments were made with money already laundered.[24].

During the course of the investigation, up to nine international organized crime organizations were identified. 251 properties, 42 luxury cars, 2 airplanes, 1 bank and 30 million euros in cash were seized.[24] It was estimated that some 250 million euros were laundered from criminal activities, although due to difficulties in the investigation, only the laundering of 12 million by Fernando Del Valle could be accredited.[23][25] On the other hand, it was determined that an essential part of the plot was the role played by the tax haven. of Gibraltar, which was where the majority of the companies created for money laundering were located and served as an intermediary in a Tangier-Gibraltar-Marbella money laundering axis.[14][24] Some of the aspects of the investigation served as a starting point to open the investigation of the 'Malaya case', focused on the illicit activities of the Marbella City Council in the management of ubanism and real estate licenses since the times of Jesús Gil as mayor.[26].

Judicial investigation of the Malaya case

First phase

Shortly after becoming mayor, Jesús Gil created a municipal urban planning company, Approach 2000, to carry out the modifications to the PGOU approved in 1986. At the head of the company was José Antonio Roca, whose job was to grant illegal construction licenses under the hypothetical coverage of a new general plan that had not yet been approved. Between 1991 and 2007 in Marbella, some 30,000 illegal homes were built under this procedure. By the time the first arrests occurred, the plot had created a parallel local administration with hardly any administrative and judicial control. It was made up of about 30 companies that employed about 3,500 employees hired by the Marbella town council, which represented an abnormality for a relatively small municipality.[2].

The first investigations began in November 2005. As a result of the investigations, the first phase of arrests took place from March 29, 2006, and took place in the cities of Marbella, Málaga, Madrid, Huelva, Cádiz and Murcia. 29 people were arrested and assets worth 2.6 billion euros were seized.[1].

Agents from the Economic and Fiscal Crime Unit participated in the operation. It was initiated by the Anti-Corruption Prosecutor's Office, after Attorney General Conde-Pumpido created a delegation of the Anti-Corruption Prosecutor's Office in Malaga.

Among those arrested were:

• - Juan Antonio Roca, advisor to the Urban Planning area of the Marbella City Council, former urban planning manager of the City Council during the Government of Jesús Gil. He was the ringleader of the entire plot. Through his front man Montserrat Corulla, he controlled the money produced by Marbella's municipal taxes and invested it in luxury cars, luxury real estate properties in Madrid and highly valuable works of art.[27] He is accused of embezzlement, money laundering and bribery. The judge ordered him unconditional prison without bail on March 31, 2006.[28][29].

• - Marisol Yagüe, mayor of Marbella since August 13, 2003 after a motion of no confidence against the previous mayor, Julián Muñoz, was successful. The judge ordered him unconditionally imprisoned without bail on April 1, 2006, although after paying bail he was released pending trial.[29][30].

• - Isabel García Marcos, first deputy mayor of Marbella, expelled from the PSOE in 2003 along with two other party councilors for supporting the motion of censure against Julián Muñoz. His great media asset had always been his defense of honesty and his supposed incorruptibility. The judge ordered him to prison unconditionally without bail on April 2, 2006, although after a few days in jail he was able to leave with Marisol Yagüe.[29][31].

• - José Antonio Jaén, Councilor for Culture and Education of the Marbella City Council. Deputy mayor of Nueva Andalucía after being expelled from the PSOE in 2003, since then being part of García Marcos' electoral list. He was provisionally released after paying bail of 30,000 euros. He would later be detained in the second phase.[29][31].

• - Victoriano Rodríguez, Councilor for Traffic and Public Roads of the Marbella City Council. Belonging to the GIL party until he signed the motion of censure against Julián Muñoz, at which time he moved to the mixed group. The judge ordered him unconditional prison without bail on April 1, 2006.[29][30].

• - Leopoldo Barrantes, secretary of the Marbella City Council. The judge released him, although with charges. He would later be detained in the second phase.[29][30].

The description of the assets seized from the detainees found great space in the media and did not go unnoticed by public opinion. Among the assets that the police seized during this phase of the Malaya Operation, numerous works of art stood out - among which stands out a painting by Joan Miró that hung on the wall of a bathroom -, jewelry and precious metals, cash, computers, vans, firearms, safe deposit boxes, electronic equipment, a helicopter, a complete bull farm and a horse farm (103 animals).[29][32].

As a consequence of the imprisonment of the mayor and the first deputy mayor, the second deputy mayor of the Marbella City Council, Tomás Reñones - former player and captain of Atlético de Madrid -, became the acting mayor,[33] although only until April 7, 2006, the date on which the Council of Ministers of the central Government dissolved the Marbella City Council in an unprecedented measure.[34] From this moment on the City Council of Marbella Marbella becomes governed by a managing commission until the municipal elections of May 2007, with its president being the lawyer Diego Martín Reyes, proposed by the PSOE.

Second phase

The second phase of the case, known as Operation Malaya II, took place on June 27, 2006. 300 agents from the Economic and Fiscal Crime Unit of the General Commission of the Judicial Police and Udyco acted this time in Málaga, Granada, Córdoba, Seville, Madrid and Pamplona, arresting 30 people, among whom were thirteen former councilors of the City Council of Marbella, builders and promoters.[1][35] Of those detained, prison was ordered for seven former councilors and a builder, release on bail for ten of the detainees and release with charges for eleven people.[36] Among these detainees, it is worth mentioning:.

• - Tomás Reñones, former Atlético de Madrid player. In Marbella he was former second deputy mayor and acting mayor of Marbella for a week after the arrests of mayor Marisol Yagüe and first deputy mayor Isabel García Marcos. Later, a manager took charge of the town hall. The judge ordered him unconditional prison without bail on June 29, 2006.[29][37].

• - Leopoldo Barrantes, former secretary of the Marbella City Council, who was already arrested during the first phase of the operation, although he was released with charges. This time, the judge also decided to release him without bail.[35].

• - José Ávila Rojas, owner of one of the construction and real estate development groups with the most presence in Andalusia and one of the largest in Spain and partner of Juan Antonio Roca's poker games in which up to 3 million euros were bet. A search was also carried out at the headquarters of the construction company Ávila Rojas S.A. On the one hand, the Prosecutor's Office is asking for five years in prison and a 5 million fine for alleged active bribery. On the other hand, five more years in prison for money laundering with a fine that amounts to 55 million euros.[29][36].

• - Rafael Gómez Sánchez, alias Sandokán —due to his physical resemblance—, an important businessman from Andalusia.[38].

During the police operation, Lucía Aguilera, wife of Miguel Jiménez, one of the former councilors arrested, and who was Jesús Gil's secretary for more than ten years, suffered a heart attack that caused her death a few hours later.[39].

The realization of this part of the second phase of Operation Malaya was possible thanks to the documentation found during the searches of the municipal offices of Marbella and other properties intervened in the first phase, as well as the files contained in the seized computers.

On July 17, 2006, a heavy police deployment took place that the vast majority of the media confused with a third phase of the operation. On this occasion, agents from the National Police Corps arrested five people between Marbella and Málaga:

• - Julián Muñoz, former mayor of Marbella after the resignation of Jesús Gil. He lost the mayor's office after a motion of no confidence in August 2003. Involved in other cases of urban irregularities such as the Proinsa case and the Banana Beach case, he is also accused in the second phase of the Malaya case as the alleged perpetrator of crimes of bribery and embezzlement of public funds. Judge Torres decreed him unconditional imprisonment on July 21, 2006.[29][40] The imprisonment of Julián Muñoz had quite a lot of media impact, especially in the so-called gossip press, since at that time he was a romantic partner of the tonadillera Isabel Pantoja.[41].

Third phase

The third phase, also known as Operation Malaya III, began in the early morning of November 14, 2006 with the arrest of eleven people, accused of money laundering and bribery.[1][44] Those arrested were:.

• - Maite Zaldívar, ex-wife of the former mayor of Marbella Julián Muñoz—imprisoned during the second phase of the operation. His home, located in an urbanization in the town of San Pedro de Alcántara, was searched for five hours. Maite Zaldívar, who was working for a season as a collaborator on the Telecinco program A tu lado, came into the spotlight after stating on the air that "bags and bags full of money entered her house" at the time when her husband was mayor of the town in Malaga.[29].

• - Jesús Zaldívar, brother of Maite Zaldívar. Both are accused of money laundering.[29].

• - José María González de Caldas, important bullfighting businessman, representative of the bullfighters Manuel Benítez el Cordobés and Salvador Cortés - among others -, former president of the Sevilla Fútbol Club between 1996 and 1998. He was the former romantic partner of the model "Modelo (fashion)") and Miss Spain Sofía Mazagatos. He is released after paying bail of 50,000 euros.[29][45].

• - The businessmen Giovanni Piero Montalo, Francisco Zambrana, Manuel Lores Romero, Eusebio Sierra Sánchez, and José María Enríquez García; the judicial official Francisco Ramírez Olivera; the director of a Cajamar branch in Marbella, Benjamín Martínez Cantero; and a partner of González de Caldas, Miguel López Benjumea. They were released on bail after giving a statement.[29].

In 2007, new arrests occurred within the framework of the third phase. Some of these arrests were:

• - Florencio San Agapito, arrested on April 23, 2007. He was a retired commissioner of the National Police Corps and head of security at Telefónica. In the 1980s he held the position of head of administration, documentation and information technology of the State Secretariat for Security of the Ministry of the Interior "Ministry of the Interior (Spain)"). He was accused of money laundering and crimes against the Public Treasury.[29][46].

• - Pedro Román was detained unconditionally without bail on April 26. He was former first deputy mayor of Marbella, and number two of the GIL. The judge accused Pedro Román of a crime of fraud, tax crime, money laundering and bribery and decreed his unconditional imprisonment due to risk of flight and possible concealment of evidence.[47]His daughter was released with charges.

• - Isabel Pantoja, singer and romantic partner of Julián Muñoz, was arrested on May 2 and accused of committing several crimes against public finances and money laundering. His arrest produces a new surge in journalistic sensationalism in the world of gossip. The investigating judge Miguel Ángel Torres decreed freedom on bail of 90,000 euros for the tonadillera after a few hours of arrest at the police station.[48].

Fourth phase. The replacement of Judge Torres

Judge Miguel Ángel Torres, responsible for the instructions of the 'Bhale Blanca case' and 'Malaya case', is granted the transfer from his seat in Marbella to court number 5 in Granada. The substitute judge is Óscar Pérez who reviews the situation of several of the accused.[49] The summary until now was opened on July 17, 2007 and days later, on July 23, 86 people were prosecuted, closing the first part of the investigation.[50] [51]That same month, the possible bribery of Juan Antonio Roca to a judge, Judge Javier de Urquía.[52].

Disqualification of Judge Javier de Urquía

In July 2007 it was published that the Marbella investigating judge Francisco Javier de Urquía. Shortly after, he was suspended "Suspension (punishment)") as a precautionary measure by the General Council of the Judiciary after being charged with prevarication and bribery within the Malaya case. After an appeal of the sentence, the Criminal Chamber of the Supreme Court determined in April 2009 that there was no crime of prevarication and there was bribery. Judge De Urquía was sentenced to 21 months of suspension from office and a fine of €73,800, the minimum sentence contemplated by law.[54].

In May 2010, he was tried again in the Superior Court of Justice of Andalusia for bribery and prevarication for allegedly receiving a bribe of 60,000 euros for releasing an accused in the Hidalgo case under investigation.[55] In a trial plagued by irregularities, which included the same sentence, De Urquía was convicted of bribery but appealed the sentence on December 28, 2011, so he returned to judicial activity. despite the intention of the General Council of the Judiciary to disqualify him before the appeal is resolved. In March 2012, finally the Supreme Court "Tribunal Supremo (Spain)") confirmed the sentence imposed by the Superior Court for the crimes of bribery and prevarication, for which he should serve a sentence of two years in prison, 17 years of disqualification and the payment of a fine of €9,000. On March 6, 2012, the General Council of the Judiciary expelled him from the judicial career.[52][56].

Fifth phase

In March 2009, Judge Pérez charged another 16 people with participating in Juan Antonio Roca's plot as front men. In addition, it accuses another 15 people already prosecuted of other crimes.[57][58].

Consequences

Indicted after the oral trial

Half of the 95 people charged during the investigation were convicted. Those convicted progressively reached the third degree of prison and freedom after several years of sentences.[62] The payment of the fines was pending, which was delayed for years and have not been paid in full. The Marbella City Council suffered a looting of 300 to 550 million euros, recovering barely 10% of what was looted.[63][64][65].

For the convicted, the payment of large sums of money to the Spanish Public Treasury was pending, which involved the sale of a large number of assets to pay off the debt.[66][67] Some of these properties were publicized by the media as a witness to the ostentation that the condemned enjoyed before the investigation.[68].

In November 2022, the former councilor of the Andalusian Party, Carlos Fernández, a fugitive since 2006 in Argentina, is free from being extradited to Spain when the statute of limitations for his possible crimes related to corruption in Marbella is determined.[69][70].

The investigations of the Malaya case generated a series of separate pieces of the judicial investigation related to several cases of corruption in Marbella and the Costa del Sol. One of the most high-profile cases was the 'Laundering case' in which a money laundering plot was investigated in which up to ten people were involved, whose most recognizable faces were Julián Muñoz, his ex-wife Maite Zaldivar and the singer Isabel Pantoja, at that time Julián's partner. Muñoz.[71][72]In the trial, the money laundering plot is proven and Juliano Muñoz is sentenced to seven years for money laundering and bribery, which is added to the sentence for the Malaya case. Maite Zaldivar was sentenced to just over three years and paid a fine of 2.48 million euros for money laundering; her brother was also sentenced. Isabel Pantoja has been sentenced to two years in prison and a fine of 1.15 million euros for money laundering. Likewise, other people involved, such as businessmen Benjamín Martínez Cantero, Fernando Salinas and Miguel Villarroya, were sentenced to a few months and ordered to pay fines worth several hundred thousand euros.[73]In the appeal to the Supreme Court, Isabel Pantoja's sentence is confirmed and that of other people involved, such as Julián Muñoz and Maite Zaldibar, is reduced.[74].

Other separate pieces were 'Looting case' and 'Looting II case'. Both plots focused on the Marbella City Council during the government of Jesús Gil until 2002 and then by Julián Muñoz and Maite Zaldivar. In the 'Looting case', the diversion of 30 million from the municipal coffers of Marbella between 1991 and 1995 to four ghost companies in the name of Juan Antonio Roca's octogenarian mother was proven. of diversion through the use of various front men and shell companies to divert at least 70 million euros since 1991.[78]As in other processes, Julián Muñoz and José Antonio Roca were convicted when the diversion of funds was proven, although their sentences were significantly reduced when they appealed to the Supreme Court.[79]In 2018, the former GIL councilor was sentenced to three years. Esteban Guzmán, who had been a fugitive from justice since 2013 and returned to Spain in 2017.[80].

The relationship of the law firms with the Marbella City Council was audited by the Court of Accounts "Tribunal de Cuentas (Spain)"), identifying several irregularities. Subsequent investigations led to the investigation of the 'Minutas case' and the 'Minutas II case'. In both trials, a plot to profit from public funds and embezzlement in the Marbella City Council was proven. Julián Muñoz, Juan Antonio Roca and José María del Nido, then president of Sevilla F.C., were sentenced, among others. Those convicted were sentenced to several years in prison and to pay millions of euros in fines.[81][82][83][84].

The urban planning irregularities carried out since 1991 gave rise to the investigation of some of the urban planning awards, reaching disparate results.[85][65] One of the most significant cases was the 'Belmonsa case' in which several of those involved were once again convicted, such as Juan Antonio Roca, Julián Muñoz and personalities connected in the past with Jesús Gil.[86][87][88].

The fate of some of the properties and works of art were the result of theft and smuggling. One of the most relevant works was the recovery of a painting painted by Joaquín Sorolla in Belgium and valued at around three million euros.[89] One of the most curious cases was the alleged theft of two rhinoceros horns. The taxidermist Juan Antonio Roca hired to dissect big game in Africa allegedly replaced two pieces of plastic with rhino horns on a visit to the farm in 2011 while Seprona evaluated the pieces. The taxidermist was freed as the theft could not be proven in the oral trial.[90].

Up to twenty after the first arrests, some of the protagonists continue to be prosecuted for fraud and prevarication in some of the pending corruption cases in Marbella under the GIL government.[91][92][93].

Impact on the judiciary of the Malaya Case

The complexity of the case forced the participants in the investigation to change aspects of the investigation and to better coordinate efforts between the police and the Tax Agency. The need to modernize action protocols to improve effectiveness in the investigation of economic crimes was evident.[94][95].

At the international level, the 'Malaya case' is studied as a model for the development of financial crimes associated with urban corruption and its consequences.[2][96][97] Until the instructions of the 'White Whale case' and 'Malaya case', the fight against money laundering in Spain was ineffective according to the reports of the Financial Action Task Force. However, as a result of the 'Malaya case', the international image of Spain in its fight against financial crimes improved significantly.[98].

Media treatment

The 'Malaya case' was one of the most meditatively covered cases of urban corruption. Adding to the seriousness of the facts investigated was the prominence of various celebrities such as the singer Isabel Pantoja, or the presence of part of the Marbella jet set testifying as witnesses in court.[99].

With knowledge of the sentences, the majority opinion was that those convicted received a sentence much less severe than what should have been.[100][101]The role of the media in promoting a story of impunity for urban crimes could have been favored by poor journalistic work.[41] Thus, the majority story that was published in the media was a biased version coming from leaks from the police and the prosecutor's office that, by not having independent information, were It created an expectation of severe sentences in public opinion that was not reflected in the end.[41][102] On the other hand, the emergence of Isabel Pantoja as a defendant significantly changed the treatment of the case when the gossip press entered the scene. For both the group of journalists who covered the case and the court employees in Marbella, the presence of the press has affected their work since then.[41].

Corruption in Marbella under the GIL government has been dealt with in several documentary series focused on the figure of Jesús Gil.[103] Other documentary series have focused on the investigation and oral trial of the 'Malaya case'.[104]The Crematorio series "Crematorio (TV series)") is clearly inspired by some of the elements of Marbella during the GIL government and the 'Malaya case'.[105].

• - List of judicial cases related to political corruption in Spain.

• - Operation Malaya "Operation Malaya (TV miniseries)").

• - Crematorium "Crematorium (TV series)").

• - Indictment of the Malaya case.

• - Corruption in Marbella on elmundo.es.

• - In depth: Operation Malaya on elpais.es.

• - This article is a derivative work of «» by journalists from , available under the Creative Commons Attribution-ShareAlike 3.0 Unported license.

Marbella during the first years of democracy

Marbella under the GIL government

White Whale Case

Judicial investigation of the Malaya case

First phase

Among those arrested were:

• - Leopoldo Barrantes, secretary of the Marbella City Council. The judge released him, although with charges. He would later be detained in the second phase.[29][30].

Second phase

• - Rafael Gómez Sánchez, alias Sandokán —due to his physical resemblance—, an important businessman from Andalusia.[38].

Third phase

• - Jesús Zaldívar, brother of Maite Zaldívar. Both are accused of money laundering.[29].

In 2007, new arrests occurred within the framework of the third phase. Some of these arrests were:

Fourth phase. The replacement of Judge Torres

Disqualification of Judge Javier de Urquía

Fifth phase

Consequences

Indicted after the oral trial

Impact on the judiciary of the Malaya Case

Media treatment

• - List of judicial cases related to political corruption in Spain.

• - Operation Malaya "Operation Malaya (TV miniseries)").

• - Crematorium "Crematorium (TV series)").

• - Indictment of the Malaya case.

• - Corruption in Marbella on elmundo.es.

• - In depth: Operation Malaya on elpais.es.

• - This article is a derivative work of «» by journalists from , available under the Creative Commons Attribution-ShareAlike 3.0 Unported license.

Navegación

Prescription of Urban Violations

Introduction

Background

Beginning of corruption associated with tourism in Marbella

Prescription of Urban Violations

Introduction

Background

Beginning of corruption associated with tourism in Marbella

Marbella during the first years of democracy

Marbella under the GIL government

White Whale Case

Judicial investigation of the Malaya case

First phase

Second phase

Third phase

Fourth phase. The replacement of Judge Torres

Disqualification of Judge Javier de Urquía

Fifth phase

Oral trial and sentences

Political plot of the Malaya case

Consequences

Indicted after the oral trial

Investigation of other related causes

Impact on the judiciary of the Malaya Case

Media treatment

References

Marbella during the first years of democracy

Marbella under the GIL government

White Whale Case

Judicial investigation of the Malaya case

First phase

Second phase

Third phase

Fourth phase. The replacement of Judge Torres

Disqualification of Judge Javier de Urquía

Fifth phase

Oral trial and sentences

Political plot of the Malaya case

Consequences

Indicted after the oral trial

Investigation of other related causes

Impact on the judiciary of the Malaya Case

Media treatment

References