The Provincial Court of Madrid has acquitted the former representative of David Bustamante of the crime of fraud and misappropriation of which he was accused by the singer and his father and has sentenced the artist to pay the procedural costs – which are estimated at more than 60,000 euros – on the civil responsibility of the case for “recklessness”. Section 29 of the Provincial Court exempts Francisco Manjón from the crimes of misappropriation, unfair administration, fraud, falsification of documents and intrusion in the sentence, dated March 1, that the singer and his father denounced in a lawsuit in the that thirteen years in prison were also requested for the singer's former adviser and almost 500,000 euros in compensation.
The sentence also absolved Manjón's wife of the civil liability requested by the private accusation exercised by David Bustamante . In the process, the same Prosecutor's Office had requested the dismissal of the proceedings against the one who was the representative of the artist who, according to the sentence, provided professional advice to the singer from the beginning of his career in 2001 until July 2015. A work that included work of tax, accounting, labor and legal advice for both the artist and their mercantile companies.
According to the sentence between Manjón and Bustamante there was a relationship of "friendship and full trust" and the singer authorized his representative to open and manage checking accounts in a bank office in Santisteban del Puerto (Jaén), where Manjón usually lives. Likewise, several transfers made by the former representative from those Bustamante accounts to Manjón and his wife's accounts are detailed, but he points out that “all these transfers have been previously and / or subsequently authorized by David Bustamante, without declaring the nullity of the contracts that authorize them. ”
The singer also specified in his claim that his representative improperly transferred 400,000 euros from his accounts and that his salary was 700 euros per quarter. A fact that the magistrates dispute, stating in the sentence that Manjón's actions "are advice beyond the accounting or tax and it is for David Bustamante and for his three companies" in such a way that they consider that 700 euros per quarter is a payment that "It certainly seems meager", in addition to the fact that "there is no document that proves the payment of that amount" .
The former representative of Bustamante did contribute in his defense the contract he signed with the singer on February 15, 20111 where 20% of all gross income derived from the professional activity of the artist of whatever origin is recorded as a salary for his work. The judges who have settled the case show "the enormous strangeness" produced by some of the clauses of these documents because they favor the representative and are "unquestionably harmful" for the artist, but they also point out that "they are documents signed by him, which have not been declared void and that therefore they oblige him ”. They also reject the crime of professional disloyalty that the artist and his father denounced in reference to the fact that he had not informed them of the tax inspection that affected them in the years 2010 and 2011, and that supposed that the Treasury claimed one million euros for the sanction more interest for not meeting the requirement. The Provincial Court also exonerates Manjón of this responsibility because it considers that he is not an administrator of the Bustamante companies.
The singer has not publicly pronounced on this matter, but Francisco Manjón has done so in various publications, in which he has affirmed that he feels calm after hard years for him and his family. "The evidence that Bustamante presented against me has not proved him right," he said. In reference to the jail request that was included in the lawsuit that has now been resolved, the artist's former representative affirms that "it was very painful" and that now he only wants to return to his life and "that the damage he has done to me be repaired."
The beginning of this whole process was the notification and claim that reached Bustamante de Hacienda and that the singer considered was due to poor professional management by Manjón. The news was leaked and at that time David Bustamante affirmed: “I have never talked about such serious issues. I don't know who leaked it, but they did it very badly. I would appreciate respect. When it is solved, I will tell you, "he told the media. And he added: "I have always been discreet with things and more with controversies."