The

Provincial Court of Madrid

exonerates the

Portobello

investment fund from

defrauding the owners of the dental clinics it acquired to form the

Vivanta group

. In an order issued on

October 25

, the Seventh Section shelved one of the judicial fronts that the company has open. Contrary to the claims of the complainants, the judicial resolution maintains that there are no indications of criminality on the part of Portobello, which it exonerates from "orchestrating a hoax."

On the contrary, it refers to the fact that once the clinics were acquired, "the incorporated personnel" were subjected to "new remuneration conditions that caused an increase in expenses and, therefore, a decrease in benefits." The Hearing maintains that "it would be, in its case, a correct business decision or not" but without criminal relevance. For this reason, it does not see signs that there has been a "fraudulent manipulation" and refers the plaintiffs to the civil jurisdiction if they consider that there should be "adjustments in the settlement of the agreed price."

In this way, the Hearing confirms the pronouncement made by the

Court of Instruction number 49 of Madrid

, which maintains that the complainants "received an offer that they negotiated and signed." Therefore, "they were perfectly aware of the terms of the contract as well as the agreed conditions, including the way to join the Vivanta society and the way to pay the price agreed to in the operation." Therefore, it considers that "there is no indication to maintain that there was an antecedent deception in the preparation of the contracts."

It also highlights that there was a "downward evolution of the clinic business since the second quarter of 2017" that caused a "negative and continued downward trend in sales." He also describes "an increase in costs due to the employment of doctors in the clinics and not to a manipulation shared by the seller."

At the same time, the same

Court of Instruction 49

keeps proceedings open in which it tries to determine whether, as the vendors of the clinics have denounced, Portobello had double accounting to reduce the benefit and lower the payments related to the development of the exercise.

Portobello, through its lawyers, headed by

Carlos Aguilar

, deny any type of irregularity as well as that they had offered the sellers an additional amount to those signed.

According to the criteria of The Trust Project

Know more

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