# UNITARY CRIMINAL / PROSECUTORIAL DIGEST — 3 SEPTEMBER 2026

**Control:** `PD-UCD-20260903-01`  
**Repository:** `sbu001monterecco/por-derecho`  
**Base main before the RedSARA source-control release:** `84b2b0c28d5c20cd206c0a6e4942b859331125e6`  
**Method:** reverse engineering from current control/title/operation and forward testing from the historic source record.  
**Boundary:** criminal/prosecutorial-led does not mean presumed crime or collective guilt.

## 1. Controlling proposition

Gil Marer / Aweswell allege a continuing economic-criminal mechanism in which disputed authority, debt/voting, professional or institutional powers, material control, procedural instruments, valuation, adjudication/title, funding and later operation were capable of reinforcing one another over time. The repository preserves that allegation without dilution because it is the principal investigative theory being tested.

It is **not** a judicial finding of an offence, criminal organisation, common plan, knowledge, intent, participation, causation or guilt. Every material bridge must be proved actor-by-actor, capacity-by-capacity, date-by-date and source-by-source. A sequence can be connected without every participant sharing a purpose. Apparent legitimacy may be carried forward as a documentary input; criminal responsibility never travels automatically with it.

## 1A. Registered-source denominator — controlling provenance

The full 154-page `ANEXO 4 RedSARA Ministerio Fiscal Comunicaciones Registradas.pdf` has now been reparsed end-to-end. The controlling denominator is **75 REGAGE communications**, **125 attachment SHA-512 records** and **15 receipt records without a hashed attachment**. Any earlier partial count of 56 communications is superseded for this source annex.

Nine substantive PDFs in the current source set match their registered RedSARA attachments by **exact SHA-512 byte identity**. The public-safe canonical manifest is `data/unitary-criminal-redsara-register-20260903.json`; the 75 registration records are stored in its five listed shards; the gap-closure and privacy analysis is `reports/UNITARY_CRIMINAL_FIRST_REVERSE_ENGINEERING_GAP_CLOSURE_03SEP2026.md`.

The nine exact current bridges are:

1. 18-Jan-2026 — `REGAGE26e00004212180` — financed-exit / obstruction filing.
2. 19-Jan-2026 — `REGAGE26e00004639835` — OB REM / desvinculación / funds filing.
3. 20-Jan-2026 — `REGAGE26e00005026215` — liquidation-plan execution filing.
4. 20-Jan-2026 — `REGAGE26e00005031882` — extraprocessual-use-of-non-final-resolution filing.
5. 23-Jan-2026 — `REGAGE26e00006380826` — AC funds-management / accounting-trace filing.
6. 24-Jan-2026 — `REGAGE26e00006889281` — unit/exploitation instrumentalisation filing.
7. 25-Jan-2026 — `REGAGE26e00007274391` — unitary community/accounting/concursal expansion.
8. 31-Jan-2026 — `REGAGE26e00009989396` — AC acts-and-omissions filing.
9. 2-Feb-2026 — `REGAGE26e00010347207` — coordination-indicia / investigative-impulse expansion.

Registration, receipt and hash equality prove delivery/file identity only within the RedSARA receipt chain. They do **not** prove truth, legal classification, institutional adoption, incorporation into a proceeding, examination, investigation, knowledge, intent, causation or guilt. Raw filings contain protected personal data, so the public surface uses minimised registration metadata and hashes rather than republishing the raw PDFs.

## 2. Reverse-engineered causal spine

### A. 2008 origin — operating unit, ownership and transition
Montelanza's 2008 accounts now provide a searchable historical baseline for hotel/tourism operation, asset disposals and the stated 17-June-2008 transition. They do not by themselves prove the purchaser identity, full CEXP/Community succession, later CAM authority or criminal capture. The decisive production objects are the option/deeds, finca schedule, owner participation, operating succession, bank/utilities/tourism records and the 2010–2011 governance transition.

### B. 2011 onward — authority, office, records, debt and vote
Community/CEXP offices, owner registers, proxies, debt, voting entitlement, certificates, ACTAS, custody of records and common-cost/operation narratives form the authority layer. The criminal question is not whether a civil irregularity existed in the abstract; it is whether materially false, ineffective or unauthorised authority was knowingly created, adopted or used to cause procedural, patrimonial, operational or funding consequences.

### C. Concurso 36/2012 — limited insolvency perimeter
LPB's insolvency estate was not the whole Sun Park hotel. LPB, Matkator, other owners, common elements and operation must remain legally distinct while the economic unit is analysed as one factual platform. This is the anti-atomisation rule: economic unity cannot erase title; title fragmentation cannot erase causal interaction.

### D. Credit acquisition and PP 1041 — disclosure, authority and benefit
The controlled formulation is that a withdrawal was filed **in LPB's name** after PP 1041 had obtained a disclosure route concerning the PH122→CAM acquisition. The repository does not independently state that LPB voluntarily decided to withdraw. The P0 proof is the certified withdrawal pleading, filer/signature, instructions, power, LexNET chain, insolvency-court authority where required, communications/conflict and benefit record.

### E. 2018 — preparation, 7 June material control and institutional response
The source record is tested for pre-takeover preparation, keys/security/access, material control, interruption/exclusion, works and operational consequences. No located CAM possession/eviction order is treated as proof that none existed. For each actor: notice → power/duty → act/omission → immediate consequence → later use/benefit.

### F. 2020–2022 — valuation, rival bids, plan compliance and adjudication
ACTÚA access/source selection, the supplied 61-unit denominator and uniform depreciation require working-paper production. The €14.8m competing proposal, the €13.168m threshold/consideration transition and the separate €400k line require source reconciliation. The newly published liquidation-plan audit establishes a serious, repeatedly preserved **plan-compliance controversy** and a substantial Luis Miguel López remedy lineage; it does not establish judicial/LAJ criminal intent merely from adverse rulings or inadmission.

### G. 2022 formalisation — ACTA, title, licence, works and finance
The 4-Feb-2022 ACTA and related project/title/finance material are documentary inputs to test authority, attendance/vote, debt/assessment, LPB versus Matkator treatment, works, common-bank powers, adjudication, licence and funding. A copied/scanned ACTA is not upgraded to a certified diligenced original. Later title does not travel backwards to validate earlier acts.

### H. Later finance, succession and operation
RIC, RIC Private Equity, regional incentives and any EU/FEDER record remain separate legal/evidentiary tracks. CAM→HNT succession and present MYND operation can evidence continuity of assets, economic benefit and preservation questions; they do not automatically prove predecessor participation, laundering, funding misuse or criminal intent.

### I. 2023–2026 proceedings, professional discipline and prosecution
Court, disciplinary, CNMV/public-funds and Ministerio Fiscal communications are integrated into the same evidence graph but remain legally distinct outputs. Delivery/registration/routing proves notice or handling only to that extent; it does not prove examination, adoption, agreement with the allegation, investigation, intent or guilt.

## 3. Proof model

Every material proposition must carry one of the existing evidence classes: `DOC`, `HIP`, `OPEN`, `NOTICE`, `CONTRARY`, `ADVERSE` or `GAP`. Every criminal hypothesis must answer the seventeen actor-specific fields in `PD-UCF-20260901-01`, including actor, capacity, source, act/omission, knowledge, intent, use, recipient, effect, causation, beneficiary, contrary explanation and open proof.

The controlling negative rules remain mandatory: sequence is not concert; association is not participation; benefit is not intent; notice is not adoption; civil irregularity is not criminal falsity; institutional receipt is not merits acceptance; later title does not validate earlier authority; and `NOT LOCATED` is not `DID NOT EXIST`.

## 4. Highest-leverage P0 closure programme

1. Certified chronological/per-piece docket and service/finality denominator for Concurso 36/2012.
2. PP 1041 certified withdrawal/authority/authenticity/LexNET/conflict/benefit file.
3. Liquidation-plan clause → judge act → LAJ act → objection → receipt → response → review → implementation matrix.
4. Loan-by-loan €9.052m → €13.166m → €13.168m reconciliation and legal source for each bridge.
5. Property-by-property title/authority/control/revenue matrix across the 262-finca universe.
6. Pre-7-Jun preparation and 7-Jun notice/power/response/consequence evidence, including security/access logs and witnesses.
7. ONA/Stoneweg-Varia/Elaia-Lagune funded-exit ledger and hostile causation test.
8. ACTÚA engagement, supplied source/list of 61, inspected units and working papers.
9. ACTA native/custody/notice/vote/ledger/payment/use proof gates, including LPB/Matkator separation.
10. RIC/RICPE/regional-incentive/EU-FEDER asset-cost-job-title-source-and-use reconciliation.
11. Matkator DP 552→711 / ETJ 163 appellate and four-finca title/project/physical/revenue closure.
12. Ministerio Fiscal delivery → allocation → incorporation → examination → decision/use chain by exact proceeding/event.
13. Current operation/benefit/value and claimant-specific loss/restitution model.

## 5. Publication and backlog rule adopted 3 September 2026

The backlog is no longer managed as a queue of historical branches waiting to be merged. It is managed as a **current-main evidence delta ledger**:

- `MERGED_CURRENT_MAIN`: already incorporated; close stale predecessor PR.
- `TRANSPLANT_CURRENT_MAIN`: unique source-safe delta is copied by exact blob or rebuilt on current main; never merge the stale branch wholesale.
- `ACTIVE_P0_SOURCE_GAP`: keep open only because unique evidence work remains.
- `BLOCKED_PRIVACY_REVIEW`: do not publish until the specific redaction/public-interest/source gate is satisfied.
- `BLOCKED_DEPLOYMENT_CONFIGURATION`: source may exist but production activation requires secrets/provider/configuration not available in a static GitHub release.
- `ARCHIVE_ONLY`: preserve provenance/continuity, do not add a new public route merely to keep an old thread alive.

Current main wins every collision. New public routes should normally close a material evidence gap, test a causal bridge or materially reduce verification work for an institutional decision-maker.

## 6. 3 September release sequence

Already merged today: Ministerio Fiscal full-text architecture (#1385), CAEPR public-surface repair (#1387), Aguiar Acosta event controls (#1388), Joan Cruz precursor evidence layer (#1389), redacted 21-Apr-2016 source derivatives (#1390), La Laguna ⇄ Concurso interconnection (#1392), and Montelanza 2008 searchable corpus (#1393).

This clearance release additionally preserves the liquidation-plan/judge/LAJ audit, Luis Miguel López filing/remedy inventory, Orion 2024 disclosure audit, outbound-email evidence safeguards and final prescription-thread deletion certification, plus the live backlog ledger.

The RedSARA source-control closure adds the verified 75-registration / 125-hash denominator, nine current exact SHA-512 filing bridges, public-safe machine ledgers and bilingual searchable source-provenance routes.

## 7. Output discipline

The same evidence graph may produce criminal/prosecutorial, civil/property, insolvency, administrative, regulatory/public-funds, professional-discipline and recovery outputs. They must be connected but never collapsed. The criminal/prosecutorial lane is first because the allegation being tested concerns knowing use of disputed authority/instruments and patrimonial/procedural consequences; it does not displace the proof thresholds or the strongest lawful explanation.