PRESERVE FIRST · TRACE THE VALUE · DECIDE THE MERITS AFTER
The Sun Park / MYND Yaiza record is now large enough to pose a different question. Not merely who did what in the past, but what assets, income, rights, records and metadata are being preserved today so that a future judicial, prosecutorial, regulatory or administrative decision can still be effective?
Planning update · 19 September 2026
Gil Marer’s operational target is to complete the respective responses by the evening of 20 September 2026, Canary Islands time, at the latest. This is a working target, not a verified legal deadline or a change to any applicable period. No filing is announced here.
Controlled state:13 recovered direct personal-action candidates; 20 connected economic, recovery or access routes. These working sets establish neither 33 necessary new filings nor an exhaustive historical census. The final total remains open. Drafting, registration, receipt and incorporation are separate states.
The 14 September Auto, received on paper by post on 18 September and photographed, records a 29 July Fiscal report seeking archive. The native electronic court PDF, signed report, author and corpus, and official Ref.21/Ref.24 allocation/association bridge remain outstanding. The Ref.21→DP1901 chronology is contemporaneously corroborated; the direction of the identity collision is not certified.
Gil Marer/Aweswell’s attributed hypothesis connects Community authority and minutes, debt/voting/exclusion, procedural use, insolvency and supervision, control/title, RIC/RICPE, works/HNT/MYND, incentives/FEDER, operation and income. It is a criminal and patrimonial hypothesis to test, not a guilt finding. Later participation or instrumental inclusion of third parties does not establish knowledge or intent.
Preserve first → trace value → determine merits → recover or restitute where legally available. Each authority receives a request within its powers. No indiscriminate confiscation is sought; portfolio sales, management-company turnover and asset values are not added together.
Control 19/09/2026. Publication describes the programme; filing requires the exact submitted bytes and official receipt. These notices do not suspend the judicial remedy period.
A later company, restructuring, registration, refinancing, refurbishment, operator or hotel brand is a later event. It does not by itself establish illegality. It also does not, by itself, extinguish the traceability of what came before.
Administrative fragmentation is not a defence to economic traceability. The institutional task is to identify which authority controls which part of this chain, which statutory power it can use, and what has actually been preserved.
Penal Code art. 33.7(g). Judicial intervention can reach a whole legal person or defined installations, sections or business units. The investigating judge may order it provisionally during the investigation. The statute gives the intervener access to premises and information.
Primary law: Código Penal, art. 33.7(g).
Penal Code art. 127 octies. Property, means, instruments and proceeds can be seized or attached and deposited by judicial authority from the first investigative steps in order to preserve the effectiveness of confiscation. Equivalent-value recovery is separately contemplated by art. 127 septies.
This is a preservation mechanism, not a declaration that any identified downstream asset has already been adjudged criminal proceeds.
Ley 22/2014 art. 102 expressly imports the Ley 35/2003 intervention/substitution regime for SCR, SICC, SGEIC and depositaries. Under arts. 72–75 of Ley 35/2003, exceptional-gravity cases can lead to intervention or provisional substitution, designated interveners/administrators, access to offices/books/documents and control of subsequent corporate acts.
The immediate case question is the exact regulated status of the RICPE vehicle, manager and depositary and whether the statutory threshold is engaged.
The Oficina de Recuperación y Gestión de Activos is an auxiliary body of the Administration of Justice with statutory functions of locating, recovering, conserving, administering and realising assets within its criminal-law remit. Productive value need not simply be allowed to dissipate while proceedings continue.
ORGA does not itself decide guilt or create the underlying judicial restraint.
Penal Code art. 129 extends specified consequences to qualifying enterprises, organisations, groups and other entities without legal personality. The legal nature of every Community/CEXP/owners' structure must be established first; they are not interchangeable.
AEAT, Canary finance/control bodies, granting authorities and IGAE/SNCA have different competences. The common question is transversal reconciliation: RIC → RICPE/HNT financing → works and eligible costs → regional incentives → FEDER/EU dimension → invoices, payments and certifications.
Successive approvals cannot substitute for identifying which authority independently verified the underlying facts each one assumed.
The burden has shifted from visibility to action. Project Sun Rock is not asking for confiscation by proclamation. It is demanding that an eventual lawful recovery not be made worthless by institutional delay, fragmented files or the movement of reachable value while merits are still being decided.
The OECD's 2025 report Confiscation Measures and Sanctions in Corruption Cases in Kazakhstan is not Spanish legal authority. It is useful comparative methodology for tracing direct, transformed and derivative proceeds, commingled value, third-party acquisitions, equivalent-value recovery and systematic financial investigation. The Spanish legal powers above stand on Spanish primary law.