UNITARY RECORD · 19 APRIL 2018 → 2019

ONA/Clubotel was not a rival bidder: it was part of the funded exit

This dossier places in one sequence the pre-7-June ONA documents, the access sought by Carlos Sanz, the finance architecture, the work of Daniel Irigoyen and Cuatrecasas, Clubotel's personation and the criminal proof that must be required actor by actor.

Controlled conclusion.

Clubotel La Dorada, S.L./ONA participated as intended operator and potential acquirer within an alliance coordinated with the LPB/Aweswell perimeter and its advisers. The wider objective, documented in the exit correspondence, was to fix the legally payable amount, obtain sufficient finance, pay or consign the recognised creditors and conclude Insolvency Proceeding 36/2012. Clubotel's personation formalised its acquisition and information interest; it must not be rewritten as though that pleading alone promised payment of the final list of claims.

Documented factAttributed contemporary accountGil Marer allegationOpen proof

ONE ARCHITECTURE, NOT ISOLATED PIECES

Functional organisation chart of the exit

Project perimeter

LPB / Aweswell / Gil Marer / Patricia Domínguez

Objective: pay or consign recognised liabilities, conclude the proceeding and restore LPB's ordinary capacity.

Finance coordination

Carlos Sanz / Pledge Investments

Access to terms, debt figure, investors, security and closing coordination.

Insolvency and legal route

Daniel Irigoyen + Cuatrecasas + Juan Tomás Parrilla

Court/AC, final claims texts, due diligence, security, submissions, meetings and personation.

Operator and acquisition

Clubotel La Dorada / ONA · Nacho Barrau

Hotel-industry lease, business plan, professional operation and acquisition participation.

Capital and backstop

Stoneweg/Varia · Elaia/Lagune · later external route

Conditional offer, backstop acquisition, staged finance and pre/post-exit security.

Intended result

Payment/consignation → conclusion → security → unitary operation

Mortgage and definitive security were contemplated for the stage when LPB recovered capacity.

The essential distinction. ONA was the operator and an acquisition participant; it was not necessarily the lender. Finance and operation were distinct but coordinated workstreams.

NON-FRAGMENTED CHRONOLOGY

Before, during and after 7 June

19 APR 2018

ONA package before the control change. Letter of intent, business plan and expansion material. ONA-FX-001

26–27 APR

Carlos Sanz asks the AC for terms, amount to improve and deadline. The AC answers, but declines substantive information and directs personation and a court request. ONA-FX-002

6 JUN

Clubotel/ONA signs the hotel-industry lease and suspensive annex. Effect depended on sufficient funds and approvals. ONA-FX-003

7 JUN

Alleged material-control event. Gil attributes to the adverse perimeter a takeover affecting access, operation, information, income and collateral. Exact participation must be proved person by person. ONA-FX-004

12–13 JUN

Stoneweg/Varia offer and exit presentation. Daniel Irigoyen contemporaneously reports taking to the judge and AC a fund + stakeholder/company + operator structure directed at payment and conclusion. ONA-FX-005

SEP 2018

Finance for payment or consignation to all creditors. Carlos, Daniel, Cuatrecasas, Juan Tomás and the project side coordinate the debt figure and exit. Daniel reports that the judge was told finance was approved. A subtle ONA reference is removed from one draft without removing ONA from the real strategy. ONA-FX-006

3 MAY–2 JUL 2019

Clubotel seeks personation. Daniel Irigoyen acts for Clubotel; the docket identifies it as interested while it challenges refusal. Formal interest is acquisition/access; the funded-exit objective arises from the combined record. ONA-FX-007

10 JUL 2019

Insolvency Administration opposition. The exact grounds and ruling must be published and compared. ONA-FX-008

2019

Continuation: ONA novation, bank guarantee and Article 176 conclusion. Continuation contradicts an account of a non-existent project, although it does not prove closing or drawdown. ONA-FX-009

PRECISE ATTRIBUTION

What each participant can establish

Participant	Attributed fact or act	Relevance	Limit
ONA / Clubotel / Nacho Barrau	Operating documents, negotiation, continuation and personation.	Authenticate reality, conditions, costs, response to 7 June and reason for non-closing.	No criminality is inferred from participation; exact legal person must be identified.
Carlos Sanz	Access request to the AC; coordination; need for a reliable debt figure.	Shows the debt/terms request was part of a real process.	His email was not itself a formal judicial bid.
Daniel Irigoyen	Judge/AC contact; approved-finance account; Clubotel personation.	Bridge between transaction and procedure.	His emails do not replace certified court minutes.
Cuatrecasas	DD, security, debt and coordinated drafting; deliberate omission of ONA from one draft.	Shows professional knowledge and opens implementation review.	Omitting one reference does not alone prove negligence or crime.
Juan Tomás Parrilla	Final-text analysis, meetings and procedural continuum.	Shows LPB-side coordination.	Does not automatically adopt Gil's later criminal interpretation.
AC	April redirection, later knowledge and opposition to personation.	Fixes a gatekeeping sequence to compare with duties, debt, preservation and outcome.	The sequence alone does not prove criminal intent.
Judge	According to contemporary accounts, received the exit and knew of finance for all creditors.	Fixes alleged knowledge before later omissions/decisions.	Certified minutes, full docket and lawful-alternative analysis remain required.

No joint adoption. Gil Marer adopts his own declaration. The words and acts of Carlos Sanz, Daniel Irigoyen, Cuatrecasas, ONA, Clubotel and others are attributed only to their documents and capacities. Nobody is falsely presented as signing Gil's criminal conclusion.

GIL MARER'S CRIMINAL HYPOTHESIS

The question is not whether there was an offer: it is who prevented its conversion into payment, exit and security

Gil alleges a criminal continuum in which the five private actors used parallel governance, debt, possession and operating control; the Insolvency Administrator acted or omitted acts necessary to protect and implement the exit; and the judge, with knowledge of the package, provided no effective protection or route. No conviction or adjudicated guilt is published.

Mandatory test for each person: act or omission → capacity/duty → actual knowledge of the ONA package → dependency affected → contemporary reaction → measurable loss → alleged intent → benefit/destination → alternative explanation → missing proof.

Seven separate lanes

Private: Francisco Mario Matos Matas; Antonio Cogolludo Rojas; Shaila María Cogolludo Ramos; José Daniel Acosta Matos; Laura Patricia Acosta Matos. Institutional: Francisco de Borja Rodríguez-Batllori Laffitte as AC. Judicial: Magistrate-Judge Alberto López Villarrubia of the then Commercial Court No. 1 of Las Palmas de Gran Canaria.

No knowledge or intent transfers through family, corporate or professional association. A later outcome favourable to a perimeter may be contextual benefit evidence, but does not alone prove earlier intent.

RELATED DOSSIERS

One record, several verifiable questions

Carlos Sanz → Insolvency AdministratorThe April request, response, gatekeeping and effect. Clubotel + Daniel IrigoyenPersonation, acquisition interest and exit continuum. Cuatrecasas + debt + securitySeptember 2018, figure, drafting, due diligence and closing. Criminal test of adverse actorsFive private actors, AC and judge, without transferred responsibility. Close of 6 JuneWhat existed before the control change. 7 June 2018Material control, hotel, business and causation. Acosta Matos perimeterControl, finance, benefit and later outcome. Unitary criminal hypothesisIntegration with the whole case.

Public source record: PD-ONA-FX-20260826-01. Native evidence and personal data remain outside the public repository.