Established
The controlled public record identifies the EU/ERDF connection for the MYND/GC/836/P06 project.
CRIMINAL FIRST · CAREFUL INTERVENTION · PUBLIC ACCOUNTABILITY
Authorities, interim protection and criminal asset recovery
A criminal-first guide to preservation, proportionate intervention, lawful publicity and cross-border recovery: Spanish, Canary, EU, German and UK routes.
Protect the evidence. Trace the value. Keep lawful activity viable.
35distinct mechanisms
78authority / unit / custodian entries
8separate rights routes
15screening-only entries
ERDF / FEDER · evidence → traceability → action
ERDF / EU funds: what is established, what remains open and what to do next
How to use this page. Recovery route: turn the alert into preservation, production, asset tracing, decision and a verifiable outcome.
Still to produce
Exact operation and percentage, eligible expenditure, invoices, payment/certification, verifications, audits, corrections and recovery.
Keep separate
RIC tax relief, RICPE investment, Regional Incentives, State aid and FEDER/ERDF are not one funding source.
Minimum production needed to close the ERDF question
- operation identifier and programme/fund
- beneficiary and title/availability record
- eligible-cost schedule and invoices/supporting records
- funding sources and other aid declared
- certifications, payments and verified employment
- verifications, audits, issues, corrections or recoveries
Directive (EU) 2024/1260 · FEDER/ERDF · EPPO/OLAF: Editorial action-routing aid; it does not establish fraud, corruption, duplicate funding, EU-budget loss, a PIF nexus, EPPO/OLAF competence or individual liability.
Protective cooperation: why and how authorities should act
Why a coordinated response
The request by Gil Marer and Aweswell Limited starts from their unitary criminal allegation: an organised, coordinated and continuous mechanism allegedly connecting apparent authority, the Community, debt, proceedings, asset control and subsequent financing/commercialisation. This is an accusation to be tested, not an adjudicated finding. Corporate proximity does not transfer knowledge, intention or responsibility.
One evidential base; distinct powers and decisions
The same records may affect investor information, the title or security relied upon, source and use of funds, insolvency administration and public support. The objective is that authorities reconcile those premises and each decide matters within its own remit, without turning a referral or limited decision into validation of the entire chain. The request is to protect evidence and recoverable value, not to impose collective guilt.
CNMV and RICPE
RIC PRIVATE EQUITY INVESTMENT PARTNERS, S.C.R., S.A. appears in the CNMV register under number 295. Information and inspection powers under Law 22/2014 arts. 85–86 should be assessed. Article 86.1(d) permits a request to the competent judicial authority for attachment or freezing: it grants no direct confiscation power. Intervention or replacement under art. 102 and Law 35/2003 arts. 72–75 requires exceptional-gravity conditions and safeguards, including the art. 72.2 accounting situation where applicable. An assessment of action ex officio is requested; Gil is not presumed to hold the corporate petition rights in art. 73.1.
Orion is not the same regulatory category or the same asset
The Orion Rental SOCIMI branch must be assessed as an issuer on Portfolio, a multilateral trading facility, under its actually applicable information, admission, financing and market obligations. SCR powers do not automatically apply to Orion. Nor is an already proven transfer of Sun Park/MYND assets, security or funds into Orion asserted: contracts, ledger entries and transactions are requested to establish or exclude it.
Cooperation has a legal basis and limits
Law 22/2014 art. 86.1(b) provides for collaboration with domestic or foreign authorities on statutory terms. Law 40/2015 arts. 140–144 distinguish collaboration, voluntary cooperation and legally grounded coordination within allocated powers. They do not independently create a company-intervention power. Assistance may be limited by competence, resources, protected interests or confidentiality; a refusal requires reasons to the requesting administration. Law 6/2023 art. 233 supervisory secrecy requires its exceptions and authorised channels, not universal informant access or an absolute prohibition on lawful cooperation.
Prosecution, Judicial Police, courts and other bodies
Concrete criminal indications must be referred through the competent channel. LECrim art. 588 octies gives prosecution or Judicial Police, not CNMV, the power to preserve specified data. Courts decide appropriate asset measures; ORGA acts within its remit and the corresponding lawful assignment. Tax, grant-awarding and public-funds authorities examine the actual tax, beneficiary, expenditure, condition and payment: an award proves neither disbursement nor fraud, and RIC tax treatment is not EU funding. EPPO competence requires its own qualifying nexus.
How to put this into practice
Identify a functional liaison; connect files without merging them; specify custodians, records and periods; reconcile title, conditions, Series F/G, contracts, security, valuations, use of funds and exculpatory evidence; and allocate each decision to the competent body. Every measure needs a subject, asset or data, fact, risk, legal basis, threshold, scope, duration, hearing and review. Urgency is not based on an unproved claim of imminent destruction. Missing particulars should be identified and obtained through an available lawful route.
Protect lawful operations and apply appropriate publicity
Economic importance calls for careful protective design, not exemption from scrutiny. No blanket closure or transfer of management to the complainant is requested. Employees, guests, suppliers, creditors and good-faith investors must be considered in proportionality and continuity. If intervention or replacement is ordered, art. 73.3 BOE publication and Mercantile Registry registration apply; other communications need their own legal basis. This is a public request, not an ordered measure or proof of a new formal filing.
Ley 22/2014 · art. 86 · Ley 40/2015 · arts. 140–144 · Ley 35/2003 · arts. 72–75 · Ley 6/2023 · art. 233 ·
From suspicion to a lawful protective decision
A criminal investigation asks whether particular acts constitute an offence and whether evidence or recoverable value must be secured. It is not merely a civil claim for payment. Criminal confiscation, criminal-case civil liability, insolvency estate recovery, tax recovery and grant recovery can intersect without becoming the same remedy.
Código Penal · arts. 31 bis, 33.7(g), 109–129, 408 · LECrim · arts. 105, 262, 282, 456, 544 quater, 588 octies, 589, 764, 803 ter
The operational question is: which defined record or asset, held by whom, can which authority preserve or investigate, under which threshold, with which safeguards, and what lawful decision or response follows? Powers are not all mandatory duties; a duty to assess or refer is not a guarantee that every requested measure will be granted.
Ley 50/1981 · arts. 3–5, 19 · Ley 22/2014 · arts. 85–86, 102 · Ley 39/2015 · arts. 4, 16.8, 21, 53, 62
IdentifyTracePreserveRestrainManageDecideRecover / restore
This is a functional guide with explicit open gates, not a directory of every office or a case-specific jurisdiction ruling. The 15 screening-only entries require further statutory and factual matching. Preserve adverse outcomes, limitation questions and innocent explanations.
PUBLIC REQUEST · 5 SEPTEMBER 2026 · NOT AN OFFICIAL ORDER OR PROOF OF SERVICE
CNMV: preserve the evidence, assess interim protection, explain what may lawfully be made public.
We invite the competent CNMV teams to use this landing page and the linked source record to connect the reported facts to a concrete, proportionate action. We request assessment and lawful action—not acceptance of a predetermined finding of criminality, a blanket seizure or closure of lawful businesses.
A regulated starting point
The official register lists RIC PRIVATE EQUITY INVESTMENT PARTNERS, S.C.R., S.A., no.295, registered 25 October 2019. Registration does not establish misconduct, a listed-security nexus or the statutory intervention threshold.
CNMV · RIC PRIVATE EQUITY INVESTMENT PARTNERS, S.C.R., S.A. · 295
6 May 2026: action was acknowledged
CNMV stated that the reported facts had been taken into account in its supervisory activity and invoked supervisory secrecy. The question is the scope, adequacy and next legally justified step—not an unsupported assertion that CNMV did nothing.
Existing RICPE source dossier4 September: access timetable extended
Incoming 2026114903 / outgoing 2026149422: one additional month for the public-information decision because of volume and complexity. It is not a refusal, a merits decision or a decision to suspend all separate supervisory/preservation work.
provisional event label withheld · Separate covering emailSix requests, six legally distinct decisions
Link, route and reconcile
Associate the new material with the existing record; identify the competent functional team and a secure channel for source files. Keep supervisory reporting, investor complaints and SAIP distinct.
Preserve and obtain defined records
Preserve relevant CNMV-held versions and correspondence. Assess targeted requirements for investment approvals, title/conditions, source-and-use, conflicts, Series F/G and subsequent transfers under the applicable information/inspection powers.
Assess proportionate interim protection
Compare available supervisory requirements, intervention or replacement under art.102/arts.72–75, and judicial protection requested under art.86.1(d). Identify the entity, evidence, risk, legal threshold and less disruptive effective alternatives.
Refer and cooperate where the legal trigger is met
Place concrete criminal indications and a specified digital-preservation schedule before the competent prosecution/judicial-police authority. LECrim 588 octies is their power, not CNMV’s. EPPO requires a qualifying EU-financial-interest nexus.
LECrim · arts. 105, 262, 282, 456, 544 quater, 588 octies, 589, 764, 803 ter · Ley 50/1981 · arts. 3–5, 19 · Ley 6/2023 · arts. 233, 243–244 · Regulation (EU) 2017/1939 · arts. 22–25, 31–32, 120
Protect innocent stakeholders and operating value
Design any justified measure around employees, guests, lawful suppliers, creditors and good-faith investors. Test liquidity, contracts, grant advances, costs and review rights; do not transfer business control to the complainant.
Código Penal · arts. 31 bis, 33.7(g), 109–129, 408 · Real Decreto 948/2015 · Ley 35/2003 · arts. 70–75 · Ley 38/2003 · arts. 14, 30, 32, 34.4, 35, 37, 44–49
Apply lawful publicity and provide the available response
If intervention/replacement is adopted, apply BOE publication and Registro Mercantil registration under art.73.3. Assess protective disclosure within art.243’s actual scope, and communicate the procedural information legally available without exposing reserved investigations.
Ley 35/2003 · arts. 70–75 · Ley 6/2023 · arts. 233, 243–244 · Ley 19/2013 · arts. 12, 14–16, 20, 24
This asks CNMV to assess action ex officio on supported information; it does not assert that Gil satisfies the specific shareholder/entity petition conditions of art.73.1. Any preferred rapid response interval is an operational request, not an invented statutory deadline.
The evidence chain is unitary; coercive powers and liabilities are not. Each authority must act within its own competence, thresholds and safeguards. A confidentiality limit is not proof of wrongdoing, but neither prevents every lawfully authorised inter-agency exchange.
The toolkit: who may do what, and on what conditions
01 · criminal
Targeted judicial intervention
The criminal court can intervene in a qualifying legal person or defined unit to protect workers or creditors: CP 31 bis/33.7(g), LECrim 544 quater.
Threshold / limit: Requires entity/offence attribution, a party application, hearing and proportionality. No automatic or generic ex parte hotel takeover.
Código Penal · arts. 31 bis, 33.7(g), 109–129, 408 · LECrim · arts. 105, 262, 282, 456, 544 quater, 588 octies, 589, 764, 803 ter
02 · criminal
Early restraint for confiscation
A competent court can seize or attach identified property/value from the initial investigative steps under CP 127 octies.
Threshold / limit: Show the recoverable-property hypothesis and preservation need; restraint is not guilt or final confiscation.
Código Penal · arts. 31 bis, 33.7(g), 109–129, 408 · LECrim · arts. 105, 262, 282, 456, 544 quater, 588 octies, 589, 764, 803 ter
03 · criminal
Security for financial liability
LECrim 589 and 764 provide security/attachment routes for properly identified pecuniary liabilities in the criminal case.
Threshold / limit: Civil liability within criminal proceedings is distinct from confiscation and from a separate civil action; avoid double recovery.
LECrim · arts. 105, 262, 282, 456, 544 quater, 588 octies, 589, 764, 803 ter · Código Penal · arts. 31 bis, 33.7(g), 109–129, 408
04 · criminal
ORGA tracing and management
ORGA can locate value and, when lawfully entrusted, conserve, administer and realise seized assets and income.
Threshold / limit: It assists justice; it does not independently decide guilt or permit a ministry to take over a hotel group.
05 · supervision
CNMV intervention or replacement
Ley 22/2014 art.102 imports Ley 35/2003 arts.72–75 for covered entities. Assess exceptional gravity or statutory accounting uncertainty.
Threshold / limit: Registration alone does not meet the threshold. Address hearing, the narrow urgency exception, BOE/registry publication and the broad approval effects of art.74.
06 · public-funds
Tax-enforcement business intervener
LGT 170.5 permits an official administrator/intervener in a qualifying business attachment where existing management threatens solvency.
Threshold / limit: Requires the particular tax-enforcement conditions and hearing; not a general monitor on allegation alone.
07 · public-funds
Grant verification and recovery
The competent awarding/control body can verify expenditure, employment and other award conditions and pursue recovery on established legal grounds.
Threshold / limit: Award, payment, compliance, EU contribution and fraud are separate questions. Tax relief and public credit have distinct regimes.
Ley 38/2003 · arts. 14, 30, 32, 34.4, 35, 37, 44–49 · Regulation (EU) 2021/1060 · programme-specific scope
08 · public-funds
Retention of unpaid grants
LGS 35 provides reasoned retention of unpaid amounts within its recovery-procedure and preservation conditions.
Threshold / limit: Apply proportionality, duration and security alternatives. LGS 34.4 may affect advances after judicial intervention: test the liquidity impact.
09 · evidence
SEPBLAC financial intelligence
SEPBLAC analyses qualifying reports and shares intelligence through authorised channels; the FTF identifies account relationships.
Threshold / limit: Intelligence is not automatically trial evidence; FTF is not a complete bank-statement database and SAIP does not disclose confidential reports.
10 · evidence
Ownership and control reconciliation
Authorised access can reconcile beneficial ownership, shares, title, charges, accounts and management in fact.
Threshold / limit: Current registry data cannot be back-projected; branding, Catastro and civil title are not interchangeable.
Ministerio de Justicia · Registro Central de Titularidades Reales · LECrim · arts. 105, 262, 282, 456, 544 quater, 588 octies, 589, 764, 803 ter
11 · criminal
Ordinary proceeds confiscation
CP 127 governs legally qualifying effects, instruments and gains, including transformed proceeds.
Threshold / limit: Identify the offence/property connection. A later company name neither proves illegality nor ends the tracing enquiry.
12 · criminal
Equivalent-value confiscation
CP 127.3 and 127 septies may reach substitute assets up to the legally determined equivalent where statutory recovery conditions apply.
Threshold / limit: Identify the correct liable patrimony; no collective seizure of all associates or multiplication of recovery.
13 · criminal
Extended confiscation
CP 127 bis and 127 quinquies–sexies provide specific extended-confiscation regimes and evidential rules.
Threshold / limit: Check offence, factual indicators, presumptions and rebuttal. Not a general unexplained-wealth power over an entire family.
14 · criminal
Third-party confiscation
CP 127 quater addresses qualifying transfers to third parties with the relevant knowledge/suspicion conditions or statutory presumptions.
Threshold / limit: Protect hearing and good-faith rights; a lender, employee, supplier or investor is not automatically a knowing recipient.
Código Penal · arts. 31 bis, 33.7(g), 109–129, 408 · LECrim · arts. 105, 262, 282, 456, 544 quater, 588 octies, 589, 764, 803 ter
15 · criminal
Confiscation without conviction in limited cases
CP 127 ter and the LECrim 803 ter procedure apply only in their specified circumstances and with required judicial findings.
Threshold / limit: Not an automatic substitute for an archived complaint, insufficient evidence or inconvenient ordinary prosecution.
Código Penal · arts. 31 bis, 33.7(g), 109–129, 408 · LECrim · arts. 105, 262, 282, 456, 544 quater, 588 octies, 589, 764, 803 ter
16 · cross-border
Spain–Germany evidence order
A competent authority can issue/validate a necessary and proportionate European Investigation Order for specified evidence.
Threshold / limit: Not private discovery, not itself a joint investigation team and not the route for new UK requests.
17 · cross-border
Cross-border freezing and confiscation
Regulation 2018/1805 recognises qualifying criminal orders between participating states, with the required certificate and safeguards.
Threshold / limit: Issuing, transmitting, recognising and executing are different states; do not describe cooperation as a completed freeze.
18 · cross-border
EPPO investigation
EPPO investigates/prosecutes qualifying offences affecting EU financial interests within its material, temporal and territorial/personal scope.
Threshold / limit: EU State-aid approval, Spanish RIC tax relief and national SEPI/WSF credit are not automatically EU-budget expenditure.
19 · public-funds
OLAF and programme audit
OLAF and competent fund bodies can investigate administratively, reconcile expenditure and recommend recovery or criminal referral.
Threshold / limit: OLAF does not convict, confiscate or run hotels. Use the regulation applicable to the actual programme period.
OLAF · reporting and competence · Regulation (EU) 2021/1060 · programme-specific scope · Ley 38/2003 · arts. 14, 30, 32, 34.4, 35, 37, 44–49
20 · cross-border
UK management receivership comparator
In England and Wales a Crown Court management receiver under POCA ss.48–49 can preserve a restrained business's value.
Threshold / limit: This is the researched functional analogy, not a generic special-administration regime for hotels or an automatically available Spanish remedy.
21 · cross-border
Spain–UK mutual legal assistance
Use the appropriate post-Brexit MLA/TCA route for identified UK evidence, property and qualifying orders.
Threshold / limit: Verify England/Wales, Northern Ireland or Scotland allocation. Aweswell's incorporation alone does not establish jurisdiction over every Spanish act.
22 · cross-border
German investigation and asset arrest
Competent German prosecutors/courts investigate relevant facts and may secure value under the StPO/StGB conditions.
Threshold / limit: Separate each debtor/estate and actual German offence nexus; group insolvency is not a Sun Park causal finding.
StPO §160 · investigation of inculpatory and exculpatory facts · StPO §111e · Vermögensarrest · StGB §73 · Einziehung
23 · cross-border
Operational asset-tracing support
Europol Project A.S.S.E.T. and designated ARO/CARIN contacts support competent-authority tracing and cooperation.
Threshold / limit: These are not citizen-commanded seizure services and do not replace the domestic legal order.
24 · criminal
Restitution and recovery accounting
Reconcile return of property, compensation, confiscation, tax/grant recovery and estate rights with their separate legal bases.
Threshold / limit: Confiscation does not automatically transfer assets to Gil or Aweswell. Identify rightful claimant, priority and amounts already recovered.
Código Penal · arts. 31 bis, 33.7(g), 109–129, 408 · Ley 4/2015 · arts. 2, 5, 7, 11, 12, 18 · Regulation (EU) 2018/1805
25 · rights
Lawful information and response
A correctly classified application can seek the receipt, referral information, decision or access available under its actual procedure.
Threshold / limit: No universal deadline, party status, right to secret material or right to a favourable outcome arises from merely reporting.
Ley 19/2013 · arts. 12, 14–16, 20, 24 · Ley 12/2014 de Canarias · arts. 46, 53 · LO 4/2001 · arts. 1–3, 6–12 · Ley 39/2015 · arts. 4, 16.8, 21, 53, 62 · Ley 2/2023 · arts. 2–3, 9, 17–20, 24, 35–36; DA 6
26 · rights
Review of alleged unlawful omission
Establish notice/knowledge, competent duty, required act, timing and the mental element under the chosen administrative, disciplinary or criminal route.
Threshold / limit: CP 408 requires intentional breach of the duty to promote prosecution. A lawful archive, secrecy or disagreement is not automatically criminal omission.
Código Penal · arts. 31 bis, 33.7(g), 109–129, 408 · Ley 50/1981 · arts. 3–5, 19 · Ley 39/2015 · arts. 4, 16.8, 21, 53, 62
27 · cross-border
Joint investigation team
Competent authorities can agree purpose, scope, participants, duration and evidence handling, with Eurojust support where appropriate.
Threshold / limit: A citizen's unitary theory does not create a team or merge every criminal docket and insolvency estate.
Eurojust · joint investigation teams · UK Central Authority · mutual legal assistance
28 · supervision
Inter-agency preservation protocol
Public bodies can define lawful custody, assistance, referrals and named responsibilities within their existing powers.
Threshold / limit: A Canary/State coordination group acquires no free-standing power to monitor a private company without a separate legal gateway.
29 · evidence
Urgent specified digital preservation
LECrim 588 octies empowers Fiscalía or Judicial Police to require protection of specified stored data pending judicial disclosure authorisation: up to 90 days, one extension within 180.
Threshold / limit: CNMV cannot issue this criminal order. Preservation is not disclosure, interception or indiscriminate access; a citizen email does not start the statutory period.
LECrim · arts. 105, 262, 282, 456, 544 quater, 588 octies, 589, 764, 803 ter
30 · evidence
Forensic accounting and valuation
LECrim 456 ff. supports expert examination of transactions, values, losses, mixed funds and alternative explanations.
Threshold / limit: Specify source data, method, conflicts, assumptions and challenge rights. An expert opinion is not a judicial finding.
LECrim · arts. 105, 262, 282, 456, 544 quater, 588 octies, 589, 764, 803 ter
31 · criminal
Structures without legal personality
CP 129 supplies limited ancillary consequences and interim intervention routes for qualifying non-personified entities and offences.
Threshold / limit: First establish legal nature and statutory offence coverage. Do not automatically apply to every owners' community or exploitation arrangement.
32 · supervision
CNMV records and inspection
Ley 22/2014 arts.85–86 and incorporated Ley 35/2003 arts.70–70 bis provide the supervisory information/inspection framework.
Threshold / limit: Identify the regulated subject, precise records, lawful purpose and limits. Preserve relevant CNMV-held records separately from requests to others.
33 · supervision
CNMV request for judicial asset protection
Ley 22/2014 art.86.1(d) expressly includes recourse to competent courts to request attachment or freezing of assets.
Threshold / limit: Assess the competent court, procedural gateway, property and threshold. This is not direct unlimited confiscation by CNMV.
34 · supervision
Statutory publication of intervention
An intervention/replacement decision under the imported regime is immediately enforceable and must be published in BOE and registered in Registro Mercantil: art.73.3.
Threshold / limit: The decision has not been identified here as granted. Publication governs third-party effects; art.74 has broad approval consequences, not merely a soft monitor.
Ley 22/2014 · arts. 85–86, 102 · Ley 35/2003 · arts. 70–75 · Ley 6/2023 · arts. 233, 243–244
35 · supervision
Protective disclosure and supervisory secrecy
Assess legally permitted non-confidential notices and, where its issuer/market/materiality scope applies, disclosure under Ley 6/2023 art.243. Retain art.233 secrecy and lawful exchange conditions.
Threshold / limit: SCR registration alone does not establish a listed issuer or require publication of a confidential investigation. Distinguish public decisions from protected investigative methods.
Authority map: 78 entries, not 78 identical powers
The list retains authorities, units, oversight bodies and private custodians as different roles. Group descriptions identify common functions; an individual office still needs a case-specific legal and territorial allocation.
Criminal decision-makers and prosecutors
Investigation, judicial measures, prosecution, lawful referral and international cooperation follow the actual case allocation. Central jurisdiction and named-official duties are not inferred from the scale of the allegation.
Código Penal · arts. 31 bis, 33.7(g), 109–129, 408 · LECrim · arts. 105, 262, 282, 456, 544 quater, 588 octies, 589, 764, 803 ter · Ley 50/1981 · arts. 3–5, 19
Judicial Police and specialist investigators
Police investigate within statutory and operational allocation. Identify the responsible economic-crime unit rather than demanding every unit open a duplicate case. Local assistance is not multinational confiscation authority.
LECrim · arts. 105, 262, 282, 456, 544 quater, 588 octies, 589, 764, 803 ter · LO 2/1986 · arts. 11, 29–36 · Ley 58/2003 · arts. 81, 93–95, 114, 170.5, 250 y ss.
Asset recovery, intelligence and financial supervision
ORGA management, SEPBLAC intelligence and CNMV supervision are distinct. Other financial supervisors require an identified banking, insurance, pensions or audit issue; no generic control of a borrower's hotels follows.
Real Decreto 948/2015 · Ley 10/2010 · arts. 17–25, 43, 46–47 · Ley 22/2014 · arts. 85–86, 102 · Ley 35/2003 · arts. 70–75
Tax, grants and State public funds
Match each tax, award, programme and public-credit contract. Verification, recovery and criminal referral have different thresholds. A national award or credit does not automatically establish EU expenditure.
Ley 58/2003 · arts. 81, 93–95, 114, 170.5, 250 y ss. · Ley 38/2003 · arts. 14, 30, 32, 34.4, 35, 37, 44–49 · Regulation (EU) 2021/1060 · programme-specific scope · Orden HFP/521/2023 · GC/836/P06
Canary, island and municipal bodies
Preserve the records each body actually holds; verify grants, tourism/works permissions and lawful cooperation within the precise mandate. No free-standing Canary government power to impose a financial-crime monitor has been established.
Ley 38/2003 · arts. 14, 30, 32, 34.4, 35, 37, 44–49 · Ley 12/2014 de Canarias · arts. 46, 53 · Ley 39/2015 · arts. 4, 16.8, 21, 53, 62 · Ley 40/2015 · arts. 140–144
EU and international cooperation
Separate EPPO criminal competence, OLAF administrative investigation, Eurojust coordination, Europol intelligence and contact networks. Verify designated contacts, programme identity and domestic authorisation before dispatch.
Regulation (EU) 2017/1939 · arts. 22–25, 31–32, 120 · OLAF · reporting and competence · Europol · Project A.S.S.E.T. · Eurojust · joint investigation teams · Ley 23/2014 · título X · Regulation (EU) 2018/1805 · Regulation (EU) 2021/1060 · programme-specific scope
Germany: authorities and separate estate custodians
Establish the exact offence/evidence nexus and the correct FTI or Meeting Point debtor. Insolvency administrators, public-credit custodians and travel-security bodies are not criminal prosecutors. Current estate distribution status is not certified here.
StPO §160 · investigation of inculpatory and exculpatory facts · StPO §111e · Vermögensarrest · StGB §73 · Einziehung · Regulation (EU) 2018/1805
United Kingdom: territorial and functional allocation
Use the correct post-Brexit criminal-cooperation route. Test a real UK evidence, asset, tax or regulated-activity connection; an affected UK shareholder does not confer jurisdiction over all Spanish conduct.
UK Central Authority · mutual legal assistance · CPS · Proceeds of Crime · POCA ss. 48–49
Reporting, transparency and institutional accountability
Determine the actual procedure and standing. Ombudsmen and discipline do not replace merits appeals. AIPI, Canary internal reporting and CNMV sectoral reporting are not interchangeable channels or deadlines.
Ley 2/2023 · arts. 2–3, 9, 17–20, 24, 35–36; DA 6 · Decreto 91/2024 · sistema interno de Canarias · Ley 19/2013 · arts. 12, 14–16, 20, 24 · Ley 12/2014 de Canarias · arts. 46, 53 · Ley 50/1981 · arts. 3–5, 19
Registries and other record holders
Identify the actual custodian and lawful access route. These entries are not all public investigative authorities. Holding evidence, being employed or providing services does not establish knowing participation.
Ministerio de Justicia · Registro Central de Titularidades Reales · LECrim · arts. 105, 262, 282, 456, 544 quater, 588 octies, 589, 764, 803 ter · Ley 10/2010 · arts. 17–25, 43, 46–47
These navigation labels allocate no new canonical person or authority identity. The existing institutional and asset-recovery registers remain controlling; private custodians are not mislabelled public investigators.
Cross-border does not mean jurisdiction everywhere
Germany: evidence, estates and assets
The existing FTI/Meeting Point record identifies a planned Club Sei/Lava Verde connection, not proof that Sun Park caused the group insolvency. Keep FTI Touristik, BigXtra, Meeting Point International, MP Hotelmanagement Holding and Spanish Meeting Point debtors separate. Obtain executed contracts, costs, claims, impairments and records from the correct estate. COVID postponement remains contrary evidence to assumed operation.
Ley 23/2014 · título X · Regulation (EU) 2018/1805 · StPO §160 · investigation of inculpatory and exculpatory facts
United Kingdom: Aweswell and specific records
The project identifies Aweswell Limited as the UK holding company/foreign investor, not a hotel located in Britain. Separate its direct rights and losses from those of Spanish companies. Identify any UK bank, contract, evidence or asset connection and the exact historical Youtravel counterparty. Use post-Brexit MLA/TCA routes, not a new EIO to the UK.
UK Central Authority · mutual legal assistance · CPS · Proceeds of Crime · POCA ss. 48–49
EU funds: prove the budget connection
RIC tax relief, national regional incentives, SEPI/FASEE and German WSF credit, and EU programme expenditure have different sources and rules. Identify beneficiary, instrument, programme, operation, payment and alleged offence before asserting EPPO competence. State-aid approval is not an EU disbursement.
Regulation (EU) 2017/1939 · arts. 22–25, 31–32, 120 · Regulation (EU) 2021/1060 · programme-specific scope · Ley 38/2003 · arts. 14, 30, 32, 34.4, 35, 37, 44–49
FTI / Meeting Point source and contrary-record dossier · Project identity / Aweswell
Directive2024/1260 has a 23 November2026 transposition deadline. Complete Spanish transposition has not been established by this bounded review; do not treat every directive provision as an already available domestic coercive power.
Apply the tools to Sun Park—without presuming the result
ATTRIBUTED CRIMINAL ALLEGATION · Gil Marer
Gil alleges an organised, coordinated and continuous criminal mechanism spanning Community authority and documents, debt/voting, proceedings inside and outside Concurso36/2012, disputed effective safeguards over LPB assets, title/credit transactions, RIC/RICPE funding and downstream businesses. He alleges that appropriated assets or income enabled investment in apparently separate assets, employment, financing and public incentives. This is his allegation, not an adjudicated finding against every associated entity or person.
RICPE evidence and competing explanations · Unitary public-authority reconstruction
Original rightControl / transferFinancing / securityWorks / operationIncome / distributionCurrent holder / equivalent value
Every arrow is a question requiring evidence: asset identity, legal capacity, contract, bank movement, valuation, approval, recipient and date. Trace direct, transformed and equivalent value under the correct rule; association alone does not make all assets recoverable. Employment, investment or commercial success establishes neither culpability nor immunity.
Código Penal · arts. 31 bis, 33.7(g), 109–129, 408
July2021 → later re-entry
The existing CNMV dossier records a conditional acquisition, an unsigned LOI and incomplete due diligence. The later operating outcome does not answer what changed, who approved it and what safeguards or contrary information were considered.
Read the bounded documentary reviewSeries F/G: do not normalise the difference
The dossier distinguishes €6,570,713.56 in the 20 September2023 prospectus from €6,573,703.10 in an accounts reconstruction. The €2,989.54 difference remains open. Neither amount is proof of criminal proceeds; obtain contract-to-bank-to-ledger reconciliation.
Source-specific number controlHNT GC/836/P06: an award, not a payment finding
- Eligible investment
- €11,469,714
- Grant awarded
- €3,440,914.20
- Jobs to create
- 60
OrderHFP/521/2023. These conditions prove neither disbursement, actual jobs, compliance, fraud nor actual EU co-financing.
Contrary and adverse material remains part of the case.
Retain the 2018 provisional criminal dismissal and appeal outcome within their exact scope; disclosed conflicts, abstentions and control opinions; COVID postponement; lawful credit/title explanations; and the missing complete bank-to-proceeds bridge. Reopening, limitation and same-fact/party questions require the actual orders and qualified case-specific review.
Preservation now: specified records, not an indiscriminate search
For each item identify custodian, system/document, dates, transaction, preservation risk, lawful route and responsible authority. This is a public category schedule, not a disclosure of confidential targets or a served preservation notice. No actual deletion, imminent disposal date or unidentified system is asserted.
| Object | Record sought | Decision / route |
|---|---|---|
| CNMV record | Submitted versions, correspondence and internal custody | Preserve under the applicable records/supervisory regime; retain dated originals |
| Regulated investment | Approvals, conditions, Series F/G, conflicts, valuations | Targeted CNMV information/inspection requirements; proper court route where needed |
| Money and rights | Loan contracts, bank movements, charges, distributions | Authorised financial investigation; source-to-use and recipient reconciliation |
| Specified digital evidence | Relevant stored records, version history and logs | Fiscalía/Judicial Police assess art.588 octies; judicial authorisation for disclosure |
| Hotel continuity | Payroll totals, guest obligations, cash needs and essential contracts | Scope-limited lawful production; minimise personal information |
| Cross-border / public funds | Exact debtor, contract, programme and payment record | EIO, MLA/TCA, programme-control or EPPO route only within its conditions |
LECrim · arts. 105, 262, 282, 456, 544 quater, 588 octies, 589, 764, 803 ter · Ley 22/2014 · arts. 85–86, 102 · Ley 35/2003 · arts. 70–75 · Ley 23/2014 · título X · UK Central Authority · mutual legal assistance
Native records, available metadata and version history should be preserved proportionately, including exculpatory material. A hash identifies a file, not its truth or authorship. Privilege, protected identities and irrelevant guest/employee data remain protected.
Preserve productive value and innocent interests
Economic importance is a reason to design intervention carefully—not a reason to abandon investigation.
The terms below are proposals for legal review, not an order or a promise of rescue, job guarantees or additional public funds. A proportionate solution must not manufacture an avoidable collapse.
Define the mandate
Name entity, property, accounts, purpose, powers and evidence. No automatic whole-group scope.
Independent appointment
Qualified appointee, conflicts checks and reporting to the competent authority; no control transfer to the complainant.
Keep lawful operations viable
Assess payroll, safety, guests, utilities and essential suppliers while respecting legal payment priorities.
Control exceptional decisions
Consider related-party transfers, extraordinary distributions, sales and new security within the actual legal mandate. Art.74 consequences require specific analysis.
Protect evidence separately
Preserve relevant originals, versions, metadata and audit trails without unnecessary guest or employee disclosure.
Justify any ring-fencing
Identify amounts, accounts, signatories, permitted spending and reconciliation. Tracing alone creates no payment priority.
Model the funding shock
Test grant advances under LGS34.4, finance covenants, insurance, licences and contractual termination risks.
Report proportionately
Propose initial inventory, cash forecast and periodic exception reports; proposed cadence is not a universal statutory deadline.
Hearing, review and cost
Specify duration, remuneration, affected-party remedies and conditions for narrowing or lifting measures.
No double recovery
Respect good-faith ownership and separate victims, company estates, tax/grant recovery and criminal confiscation.
Código Penal · arts. 31 bis, 33.7(g), 109–129, 408 · LECrim · arts. 105, 262, 282, 456, 544 quater, 588 octies, 589, 764, 803 ter · Real Decreto 948/2015 · Ley 35/2003 · arts. 70–75 · Ley 58/2003 · arts. 81, 93–95, 114, 170.5, 250 y ss. · Ley 38/2003 · arts. 14, 30, 32, 34.4, 35, 37, 44–49 · CPS · Proceeds of Crime · POCA ss. 48–49
Eight separate legal capacities and channels
Victim / injured party
Personal injury, shareholder rights and each company's loss are distinct. Participation, notification, challenge and return-of-property rights depend on the specific act and standing; use actual service dates.
Ley 4/2015 · arts. 2, 5, 7, 11, 12, 18 · LECrim · arts. 105, 262, 282, 456, 544 quater, 588 octies, 589, 764, 803 ter
AIPI external channel
Subject to scope and exceptions: five working days for acknowledgement; ten working days for admission assessment; three months for conclusion under art.20. Reporting alone does not confer interesado status; art.20.4 limits appeals against processing decisions.
Internal / Canary public reporting
Internal acknowledgement is normally seven calendar days; response generally three months, exceptionally a further three. Verify actual system and territorial allocation; do not import this timetable into CNMV or AIPI automatically.
Ley 2/2023 · arts. 2–3, 9, 17–20, 24, 35–36; DA 6 · Decreto 91/2024 · sistema interno de Canarias
Administrative interested party
A right or legitimate interest in the actual procedure supports applicable access, copies and allegations. A report alone is insufficient; the duty to resolve and silence consequences follow the governing procedure.
National SAIP
Existing public information: generally one month to decide, one additional month for notified volume/complexity. Partial access and the proper review route remain relevant; not unrestricted access to supervisory secrets or new analysis.
Canary SAIP
Use Law12/2014 and the Canary Transparency Commissioner within their jurisdiction. Generally one month plus the statutory justified extension; do not apply Canary procedure to a State regulator or foreign prosecutor.
Constitutional petition
Natural and legal persons irrespective of nationality may use the residual petition route. An admitted petition must be answered within three months. It does not replace a specific remedy, reset appeals or guarantee a favourable outcome.
Confidential and sectoral channels
Tax reports, AML intelligence, OLAF and CNMV supervision have distinct disclosure/feedback limits. Request the legally available procedural information without interpreting lawful secrecy as proof of inaction.
Ley 10/2010 · arts. 17–25, 43, 46–47 · Ley 58/2003 · arts. 81, 93–95, 114, 170.5, 250 y ss. · OLAF · reporting and competence · Ley 6/2023 · arts. 233, 243–244
What we ask to be public—and what must remain protected
Our public request
The requested action and source map are public here. That does not prove delivery to CNMV, personal knowledge, an admitted proceeding or an official protective order. The formal email/registry stage must be recorded separately when it occurs.
Official intervention: BOE + Mercantile Registry
Article 73.3 of Ley35/2003, through Ley22/2014 art.102, requires publication and registration of an adopted intervention/replacement decision. Article74 entails broad approval consequences after BOE publication: this is not simply an informal monitor. The statutory factual and procedural conditions remain essential.
Protective market information—not investigation secrets
Assess art.243 Ley6/2023 only after identifying the relevant issuer/entity, securities, trading and material-information nexus. Article233 protects reserved information while permitting specified lawful exchanges. SCR registration does not itself establish a listed issuer or a duty to reveal an ongoing investigation.
The request is for the official decision, statutory notices and any lawful protective communication—not public bank records, confidential identities, preservation tactics or material whose disclosure would compromise an investigation or third-party rights.
A handling record, not a presumption of criminal omission
SentReceivedRegisteredRoutedAssessedDecidedNotifiedReviewed
Each step needs its own evidence. Article408 CP requires intentional failure to promote prosecution in breach of a specific duty. A lawful archive, a disclosure limit or disagreement is not enough. The project disputes some institutional handling, including Fiscalía; this does not erase the actual competences or the need for actor-specific proof.
Código Penal · arts. 31 bis, 33.7(g), 109–129, 408 · Ley 50/1981 · arts. 3–5, 19 · Ley 6/2023 · arts. 233, 243–244
20 Aug · provisional event label withheld · 27 Aug · provisional event label withheld · 4 Sep · provisional event label withheld · Full canonical register
The 20 August native submission/annex reconciliation and the relationship between the separate 24 August REG-AGE event PD-SP-EVT-0152 and 25 August CNMV incoming reference remain source-controlled questions in the preceding release. This page does not close those gaps by inference.
OECD: comparative guidance, not a Spanish order
The closest verified match to the earlier “July25” reference is the OECD report of28 July2025 on confiscation in Kazakhstan. Together with its2025 tax-crime investigation manual, it supports comparative analysis of tracing and recovery. This identifies guidance, not Spanish statutory powers and not a conclusion about this case. The intended source identification remains an inference.
OECD · Confiscation Measures and Sanctions in Corruption Cases in Kazakhstan · 28 July 2025 · OECD · Designing a Tax Crime Investigation Manual · 2025
Official legal sources and source boundaries
Targeted research reviewed5 September2026. Use the law in force for each act and procedure. The source register and scoped boundaries are not a certificate that all historic files, every authority mandate or complete Spanish transposition have been audited. The original canonical sources and known gaps remain controlling.
- Código Penal · arts. 31 bis, 33.7(g), 109–129, 408
- LECrim · arts. 105, 262, 282, 456, 544 quater, 588 octies, 589, 764, 803 ter
- Ley 50/1981 · arts. 3–5, 19
- LO 2/1986 · arts. 11, 29–36
- Ley 22/2014 · arts. 85–86, 102
- Ley 35/2003 · arts. 70–75
- Ley 6/2023 · arts. 233, 243–244
- Real Decreto 948/2015
- Ley 58/2003 · arts. 81, 93–95, 114, 170.5, 250 y ss.
- Ley 38/2003 · arts. 14, 30, 32, 34.4, 35, 37, 44–49
- Ley 10/2010 · arts. 17–25, 43, 46–47
- Ley 2/2023 · arts. 2–3, 9, 17–20, 24, 35–36; DA 6
- Ley 19/2013 · arts. 12, 14–16, 20, 24
- Ley 12/2014 de Canarias · arts. 46, 53
- LO 4/2001 · arts. 1–3, 6–12
- Ley 39/2015 · arts. 4, 16.8, 21, 53, 62
- Ley 40/2015 · arts. 140–144
- Ley 4/2015 · arts. 2, 5, 7, 11, 12, 18
- Ley 23/2014 · título X
- Regulation (EU) 2018/1805
- Directive (EU) 2024/1260
- Regulation (EU) 2017/1939 · arts. 22–25, 31–32, 120
- Regulation (EU) 2021/1060 · programme-specific scope
- OLAF · reporting and competence
- CPS · Proceeds of Crime · POCA ss. 48–49
- UK Central Authority · mutual legal assistance
- StPO §160 · investigation of inculpatory and exculpatory facts
- StPO §111e · Vermögensarrest
- StGB §73 · Einziehung
- Europol · Project A.S.S.E.T.
- Eurojust · joint investigation teams
- Ministerio de Justicia · Registro Central de Titularidades Reales
- CNMV · RIC PRIVATE EQUITY INVESTMENT PARTNERS, S.C.R., S.A. · 295
- Orden HFP/521/2023 · GC/836/P06
- Decreto 91/2024 · sistema interno de Canarias
- OECD · Confiscation Measures and Sanctions in Corruption Cases in Kazakhstan · 28 July 2025
- OECD · Designing a Tax Crime Investigation Manual · 2025
Public research read model (JSON) · Existing authority matrix and dated record · Canonical communications register
Sun Park / MYND Yaiza — site and canonical record
Hotel / physical site: Sun Park · MYND Yaiza — PD-SP-O-0042.
Calle Janubio 3, Playa Blanca, Lanzarote 35580, Spain. This identifies the establishment and site, not a corporate owner or determination of title. Canonical address and source variants · Actors, proceedings and evidence.
MASTER MYND · photographs, attributed accounts and chronology