The legal dispute between Belén Esteban and her former manager, Toño Sanchís, has taken a new definitive turn: the Provincial Court of Madrid has concluded that the former manager misappropriated a substantial part of the income generated by the collaborator for several years, issuing a criminal conviction after a protracted conflict that began in civil proceedings and has lasted for more than a decade.
The sentence: imprisonment, fine and indemnification
The resolution, issued by the fourth section of the Madrid High Court, sentences Sanchís to two years in prison and to pay a fine of 2,100 euros for a crime of misappropriation. The court concludes that the ex-representative unduly kept 475,571 euros, a figure resulting from applying higher commissions than those initially agreed.
The final compensation in favor of Esteban will not be fixed until the execution phase of the sentence, when the 49,000 euros already paid in the previous civil proceedings and the proceeds from the sale of a house then awarded to the collaborator, valued at 375,000 euros but burdened by a mortgage of more than 200,000 euros, will be deducted.
Disproportionate commissions and breach of trust
The court considers it accredited that between May 2009 and December 2015 Sanchís applied percentages much higher than the 20% included in the representation agreement, sometimes reaching 30%, 40% and even 85%.
The sentence emphasizes that Esteban did not supervise the calculations due to the personal relationship between the two and the “full confidence” he had placed in his representative.
The judges emphasize that Sanchís comprehensively managed the contracts and collections through his company Agencia de Servicios Lorant S.L., which received the payments for Esteban’s work and subsequently transferred them to his company(Bem Imaging S.L.) after issuing invoices prepared by the accused himself. According to the Audiencia, this dynamic facilitated an “illicit patrimonial enrichment“.
From civil conflict to criminal proceedings
The judicial confrontation between both parties is not new. In the civil sphere, a court had already ruled in favor of Esteban and sentenced Sanchís’ company to pay
With the opening of the criminal proceedings, the prosecution accused Sanchís of continued misappropriation and requested a sentence of three and a half years’ imprisonment together with compensation of more than 339,000 euros. The private prosecution raised the request to four and a half years and demanded a compensation of 475,571 euros, supported by expert reports.
The defense asked for her acquittal, alleging that Esteban knew and consented to the commissions applied, and Sanchís insisted during the trial that the collaborator was aware of the conditions and that her function was limited to artistic representation.
The final amount that Toño Sanchís will have to pay to Belén Esteban is still pending to be fixed, a calculation that will be made in the execution phase of the sentence. When that figure is established, both the defense of the ex-representative and Esteban herself will be able to decide whether to appeal the resolution before the higher courts, thus prolonging a judicial process that might not be over yet.
