FORENSIC ECONOMICS · VERSION · CUSTODY · FILING · JUDICIAL USE

David Espejo Navarro & Expert Witness Forensic & Compliance

A bilingual, source-controlled evidence node for the forensic-economic work in the Sun Park / Luchy Playa Blanca perimeter, its documented incorporation into Concurso 36/2012 and its later use. This is not a promotional biography and does not convert a party expert’s analysis into a judicial determination.

Evidence reviewed and last modified: 25 August 2026.

Professional identity

Public professional sources identify David Espejo Navarro as Founding Partner of Expert Witness Forensic & Compliance (eXW). The firm’s legal notice identifies Four Mirror Advisors, S.L. as the legal entity behind the practice and names Espejo as its representative.

Private contact details, fees, personal correspondence and complete reports carrying reliance or distribution restrictions are not reproduced.

Expert Witness · legal notice · ISDE · professional listing

Relationship to the record

The documented professional relationship extends back to at least 2016 and continued through expert work, economic review and procedural activity. Later correspondence also reflects a cordial or professional-networking dimension. That evolution does not itself decide authorship, methodological independence, filing or evidential weight.

Precise thesis: professional first; not necessarily professional only throughout the relationship’s entire evolution.

Why it matters. This node connects valuation/liquidation, Community debt, economic rights against the CEXP, financing/swap analysis, annex selection, access to court-file versions and the later testigo-perito role. The sequence must be rebuilt document by document.

Historical integrity. Original reports remain unchanged. Later clarifications, author recollections, additional evidence and consistency reviews are recorded as separate, dated events. A later clarification does not rewrite the historical source.

WORK AND DOCUMENT SEQUENCE

Controlled chronology

Earliest located forensic-economic workstream

Preserved correspondence records professional assignments, work status and billing before the 2018 reports. It establishes an earlier professional relationship; it is not itself a court-filing index.

Background supplied to the expert

The located material supplied factual and documentary background for the assignment. It remains in the client contribution/instruction class unless expert authorship is established and must not be cited as an independent eXW conclusion.

Complex valuation and liquidation-plan reasonableness

The located copy is marked “Borrador Sujeto a Cambios”. It addresses valuation, unity of exploitation, the Acosta Matos offer and the Actúa valuation. It must not be described as final or signed without a matched final version.

Economic rights against the exploitation community

The cover preserves “Concurso Voluntario nº 32/2012”, while the body and context concern LPB’s Concurso 36/2012. The discrepancy is preserved and explained rather than silently corrected.

Reasonableness of the Owners’ Community debt

A signed forensic-economic report concerning the debt recognised in favour of the Community, the Community/CEXP relationship, its evolution, interest, costs and underlying records.

Four signed finals; two annexes identified in LPB’s opposition

David Espejo delivered four signed final reports to the client/adviser perimeter. In the located LPB opposition, two Espejo expert annexes are identified: document 3, concerning rights/credit against the CEXP, and document 5, concerning the swap and pledged deposit. This conclusion is limited to that pleading and does not prove that the other two signed reports were never used, cited or filed elsewhere.

Formal witness-expert participation pathway

Court correspondence records summons and intervention arrangements, including Webex. This procedural role is distinct from the earlier party-expert assignment.

Access barrier and non-matching copies

The day before his evidence, Espejo told the Court that his copies did not match those contributed to the proceeding and that he had not accessed the optical medium because no reader was available. The record establishes an immediate access barrier and a practical version-identity issue. It does not establish that the medium was defective, corrupt, manipulated or incomplete. Whether he reviewed the exact court-file versions before giving evidence remains unresolved.

Identified judicial use of documents 3 and 5

The judgment identifies Espejo as a testigo-perito and uses his reports in analysing the CEXP economic position and the swap/pledged-deposit package. It did not declare the concurso culpable on the latter ground, although it reached a partly culpable result on other grounds. Judicial use on defined subissues does not convert every expert conclusion into a judicial finding.

Distribution and reliance boundary. This page describes sources, provenance and procedural status. It does not reproduce restricted reports. Full publication of any report requires separate review of rights, privilege, confidentiality, personal data and reliance clauses.

PROVENANCE · FILING · TIMELINESS

Four questions must never be collapsed

1 · Created

Did the analysis exist, and are its date, authorship and version reliable?

2 · Transmitted

Who received it, by what channel, and is receipt evidenced?

3 · Filed

Was it formally incorporated into the relevant piece and under which annex number?

4 · Timely?

What deadline applied, and when was the document actually filed or served?

Contemporaneous notice in May 2018

The draft records that LPB had communicated valuation objections and an intention to obtain independent analysis before the 7 June physical-control event. It is ex ante evidence that the issue was being documented; it does not by itself prove the content, date, recipient or receipt of each underlying notice.

May versus June: clarification and an unresolved document match

In July 2023 Espejo recalled that the May economic note appeared not to have been filed and that the June note was filed. That recollection is provenance evidence, not a substitute for the certified docket.

Unresolved document match: it has not yet been established that the retrospectively mentioned “May economic note” is exactly the 10 May 2018 valuation/liquidation draft.

Rule for “extemporaneous”

Use the term only when the act, applicable deadline and actual filing/service date are established. Not filed ≠ filed late. Discovered later ≠ late filing. A contemporaneous document ≠ automatic court notice.

Provenance and procedural-status matrix

Source / eventVersion or classSupportable statusBoundary or consequence
Professional relationship 2016–2017Professional correspondenceEarlier professional relationship documentedNot a court-filing index.
4 May 2018 backgroundClient contributionExpert authorship not establishedNot an independent eXW conclusion.
10 May 2018 valuation/liquidationDraftFinal version not matchedIdentity with the “May note” recalled in 2023 remains open.
11 June 2018 CEXP noteExpert noteFiled according to the author’s later recollectionIndependent docket/receipt match remains outstanding; “32/2012” is preserved on the cover.
10 July 2018 Community-debt reportSignedDocument locatedEach incorporation and procedural reuse must be traced.
Delivery of four finals, 23 April 2019Signed and transmittedDelivery to client/advisers documentedTransmission alone is not filing.
LPB opposition, 23/24 April 2019Annexes 3 and 5Two expert reports identified in that pleadingDoes not prove the other two were never used elsewhere.
24 July 2023 access eventCourt correspondenceAccess barrier and copy discrepancy documentedDoes not prove medium defect or alteration; exact pre-evidence review remains unresolved.
2023 hearing and judgmentIdentified judicial useDocuments 3 and 5 used on subissuesPartial judicial use is neither wholesale adoption nor a globally favourable outcome.

The controlling structured register is published as JSON v2. Primary originals remain in custody outside the public repository.

INFERENCE BOUNDARY

What the sequence establishes—and what it does not

It establishes

Existence of defined items, signature of four finals, transmission, selection of two annexes, a procedural role and identified judicial use.

It does not establish

That every recipient knew every conclusion, that every report was filed, or that every report had effect across every legal track.

It does not support an inference of

Alteration, illegality, knowledge, causation, responsibility or criminal intent from a version, access or recording discrepancy alone.

Hearing recording. Later correspondence mentions three files and, on the durations stated, a raw difference of approximately 42 minutes between the wall-clock interval and total file runtime. A recess could explain some or all of it. A later request for Espejo to review the recording also initially omitted the recording attachment. No manipulation, deletion or incompleteness is alleged without originals, metadata, hashes and/or a certified court copy.

Open evidence and custody questions

  1. Whether the expert obtained and reviewed the exact court-file versions before giving evidence.
  2. A certified audiovisual index or complete court copy and a chronology of recesses or off-record periods.
  3. Location and review of the final LPB appeal as regards the access/recording issue.
  4. A complete matrix of versions, custody, annexing, filing, judicial citation and SHA-256 hashes for each material report.
  5. Independent authentication of any precise historic VIDISPIR link before it is published as verified.
  6. Durable custody of originals that may currently exist only as working copies.

Public source-integrity controls

Identity

The public index uses only the verified name. Spelling variants remain internal search aliases.

Discrepancies

“32/2012” is preserved in the June source and explained against the 36/2012 context.

Version

Draft, final, signed, transmitted, annexed, filed and judicially cited are distinct states.

Authorship

Client contributions and instructions remain separate from expert-authored analysis.

Parallel tracks

Reuse in another track is a new event; cross-track knowledge or effect is not presumed.

Privacy and reliance

No contacts, fees, family information, confidential strategy or restricted reports are published without separate review.

Evidential boundary. Expert evidence can support or weaken an economic proposition, notice chronology or methodological criticism. By itself it does not establish another actor’s unlawful conduct, knowledge, causation, responsibility or criminal intent.