On July 29, 2015, two minority shareholders of Zinkia Entertainment, S.A.a company listed on the Alternative Stock Market and which at that time I presided and of which I was the Chief Executive Officer, filed a complaint against me before the Courts of Instruction. They publicized it in all the media they could and stated that these alleged crimes could lead me to jail. On December 13, 2015, they expanded the complaint with new and alleged crimes. SIX YEARS later, it has become clear that each and every one of those alleged crimes never existed. It was all a set-up by Mr. Valladares and Mr. Delgado Gavela. Accusations without any truthful basis whatsoever, seconded by the media. The Provincial Court of Madrid has issued a final order, confirming the dismissal of the proceedings on each and every one of the alleged crimes, decreed by the Court of Instruction that opened them. The accusations had no criminal basis whatsoever.
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In the first complaint they filed, the charges were for the alleged crimes of: unfair administration; adoption of abusive agreements; misappropriation; misrepresentation of financial economic information of mandatory disclosure under the Securities Market Law in order to place assets in the retail market and obtain financing from creditors and their bondholders; alleged false documentation; and fraud.
In the extension of the complaint they added the alleged crimes of violation of the law in relation to the financial information of the company, ex article 293 of the Criminal Code, alleged emptying of assets in my favor of the commercial company and fraudulent administration, ex article 295 of the Criminal Code.
Once the complaint was admitted for processing by the Court of Instruction, Mr. Valladares -current President of Zinkia Entertainment, S.A.- and Mr. Delgado -current CEO of Zinkia Entertainment, S.A.- went to the press to communicate the news.
All these events coincided with the holding of a General Shareholders' Meeting of Zinkia Entertainment, S.A. and they also attended the General Meeting and requested that the complaint filed against me, then the Chairman of the Board and Chief Executive Officer, be included in the Minutes.
Certain media outlets published the news without giving me the option to contrast it and, of course, without any investigation about the basis that the accusations might have. They immediately pronounced guilt against me.
One media outlet published: "The President of Pocoyo, charged with five solitary crimes. The complaint alleges a series of facts with which Castillejo would have tried "to keep at all costs the control of Zinkia Entertainment for his own benefit, harming the interests of shareholders and creditors of the company".". It would have issued "allegedly false invoices to Zinkia that do not correspond to any real service.".
The Agency Europa Presswhich feeds news to dozens of media outlets in Spain, published that: "according to a note issued by the group of shareholders led by Miguel Valladares, "in view of the recently known documents", the possible commission of several solitary crimes is admitted, which, if proven, would lead to several years of imprisonment.".
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Dozens of articles were published. And let's not forget that behind them was a listed company, with hundreds or thousands of shareholders who were terrified when they read this news and, therefore, ran at full speed to sell their shares, causing the complete collapse of the stock.
Well, SIX YEARS later it has been accredited and it is firm - by means of an order of the Provincial Court of Madrid - the file decreed by the Court of Instruction. The same Court that admitted the complaint, as well as the extension, issued an order in January. In it, it made it clear that each and every one of the accusations for which the complaint was filed and the subsequent extension by the two plaintiffs, had no criminal basis whatsoever. It appears as evident that behind these accusations there was only a set-up to take over a listed company at the best possible price and with its main asset, Pocoyo.
Along the way, they destroyed my life, the life of my family and the patrimony of each and every one of us who were shareholders of Zinkia Entertainment at the time. They generated, provoked and actively contributed, on the basis of falsehoods that have now been proven, to the insolvency of a company listed on the stock exchange. Stock Market organized, within the European Union.
With the complete connivance of the regulatory agency, the National Securities Market Commission (Comisión Nacional del Mercado de Valores) and of certain jurisdictional bodies that refused to investigate the complaints I filed. Despite all of them being perfectly documented and the facts accredited.
But these citizens not only acted against me by fraudulently using the Courts of Instruction, the accusations about the commission of alleged crimes and the press. They also acted against two former employees of ZinkiaOnce they succeeded in gaining control of the company and its executive bodies.
As I was saying, the two complainants in the lawsuit are currently the Chairman and the Chief Executive Officer of Zinkia.
Well, the new managers refused to pay these two former employees the severance payments they were contractually entitled to. First, they threatened to file a lawsuit if they did not accept the conditions they imposed on them in terms of severance pay, which had nothing to do with those stipulated in their employment contracts.
As they did not accept, being perfectly aware of the legality of their contracts, they soon found themselves with a lawsuit. Complaint that they filed against them in the judicial proceeding that they had managed to open against me. The one that now has been filed. These two distinguished citizens denounced the former employees also on the basis of accusations that had no basis whatsoever but that... the Court of Instruction admitted as true.
Both former employees of Zinkia were charged with alleged crimes they had not committed. And an investigation began. In the meantime, of course, they were unable to find work. Being indicted for alleged criminal acts in their former jobs closed the market to them. In addition, they refused to pay them the compensation to which they were entitled. This closed off their ability to support their families.
They had no choice but to negotiate and accept the conditions set by the new directors of Zinkia imposed on them. Otherwise it could take years - as it is happening to me - until the situation is regularized in accordance with the Law. In the meantime, they would be unable to support their families and unable to find work.
Once they had negotiated and accepted the conditions imposed on them, the complainants withdrew the accusation they had filed against them in front of the Court. They had gotten what they wanted. They paid them a part of what they were actually owed and then it took two years for the court to drop the charges against them.
Is further manipulation of Justice possible?
Undoubtedly, no media will echo what I am talking about and no media will publish the news. No media will apologize for the destruction carried out for years against me and my family. Nor against the rest of those affected by this set of actions.
In Spain, filing complaints with false content is very cheap. Destroying the lives of people and families is very cheap. Manipulating the stock market is very cheap. Money laundering is very cheap.
This is what seems to be concluded from the facts I am describing.
On the other hand, let us not lose sight of the fact that Spain is a member state of the European Union. European Union. A union of a group of states that, in addition, in this last year and as a consequence of the devastating effects of the pandemic caused by COVID-19, have decided to make a special effort to support the Member States and their citizens, under the condition of a correct application of the Rule of Law in each of the member states.
All of the above raises serious doubts as to the correct application of the Rule of Law in the Kingdom of Spain. At least, by certain official bodies.
As early as 1882, what is known in Spain as the Rule of Law. And it could be transferred with semicolons to the present day.
On December 22, 1882, the special issue of the evening newspaper The Epoch summarized a lecture given by the Spanish politician and academic, the Spanish politician and academic Mr. Francisco Silvela at the Ateneo de Madrid.
By the time he did so, he had already been Minister of the Interior. The following year he would become Minister of Grace and Justice. In other words, he knew what he was talking about. The article said:
"Spain has the rule of law"which enchants by its regular, methodical and meticulous mechanism in guarantees. And on the other hand, a "State of fact"which, contrasting with that profoundly, destroys it even in its most insignificant details, making it perfectly illusory".
La Época, extraordinary issue of December 22, 1882
Mr. Francisco SilvelaIn addition to the aforementioned positions, he was also twice President of the Council of Ministers, Member of Parliament in four different legislatures between 1870 and 1905 - the year of his death -, and member of the Royal Spanish Academy, the Royal Academy of History, the Royal Academy of Jurisprudence and Legislation and the Royal Academy of Moral and Political Sciences.
Not only did he know what he was talking about when referring to the Rule of Law in Spain at that time. From what can be seen, it could be deduced that what the illustrious politician and academic said, is repeated just as it is today.
If anyone is curious to understand a little of the strategy behind and what was done to achieve victory in the round over Zinkia and on the ownership of PocoyoI invite you to read the post published by the Association of Victims of Judicial Corruptionwith the title Pocoyo Case.