Grave recklessness—or worse
The two-page Fiscal opinion sought 15 years, damages and deficit liability. Gil places it, at minimum, in grave recklessness; the evidence then available must also be tested against a possible criminal threshold.
PUBLIC POSITION · FULL EXPRESS NOTICE · 31 AUGUST 2026
Fiscalía is no longer treated as a neutral observer.
For preservation, notice, recovery and procedural-risk purposes, Gil Marer and Aweswell Limited treat the Public Prosecution Service—especially the Las Palmas Provincial and Canary Islands offices—as an adverse institutional actor in this matter. This is an express position and allegation, not a judicial finding of institutional or collective guilt.
THE CENTRAL ALLEGATION · WITHOUT DILUTION
The alleged criminal threshold was crossed before or, at the latest, at the hearing.
Gil Marer and Aweswell Limited allege that the 12 March 2019 Fiscal opinion was, at minimum, gravely reckless and may already have been criminal. They allege that, following the CNMV, AEAT and insolvency-court alert chain concerning Acosta Matos/RICPE, Ricardo de Mosteyrín Sampalo had crossed the criminal threshold before or, at the latest, through his participation at the 25 July 2023 hearing.
The accusation is not limited to passivity: Gil alleges active instrumentalisation of the Calificación against Luchy Playa Blanca, S.L.U. (LPB), the persons affected by the Calificación and especially Gil as reporting person/alertador, together with the creation or maintenance of an institutional shield for the Acosta Matos/RICPE perimeter.
Gil and Aweswell further allege that the later prosecution position and conduct have caused or contributed to continuing patrimonial, procedural and reputational harm within the Aweswell perimeter. Loss must be allocated by claimant, right, date, causal mechanism and amount without double counting.
Proof boundary. Judgment 163/2023 is materially adverse and under appeal. Ministerio Fiscal attendance is documented; personal identification of Ricardo at the hearing is Gil's direct evidence and does not replace the official appearance record. Personal knowledge of each source, exact oral acts, offence elements, causation and individual responsibility remain open. Those gaps do not erase the allegation; nor do they permit it to be published as proved guilt.
DIP 2/2026 · FULL AVAILABLE SOURCE ROOM
The appeal discrepancy now has a complete auditable documentary chain.
The repository now publishes public-safe full text for the 13 January complaint, 8 February amplification, signed 6 March Decree, 9 March notice, 11 March update and REGAGE26e00026303869. The Decree relied on no appeal being visible in ATLANTE on 2 March; the registered 11 March filing notified Fiscalía that the decisions had been appealed. The later treatment of that correction remains unproduced.
Boundary: this documentary discrepancy is not published as proof of deliberate falsehood, prosecutorial prevarication, capture or coordination. It does require reconstruction of receipt, allocation, access, correction and transmission, particularly given the later DIP 2 → DP 1901 link.
ONE STORY · FOUR STAGES
From alleged gross recklessness to continuation of the shield.
Accumulated notice
RICPE/CAM, CNMV/AEAT, register 918/2021 and the July 2021 RICPE/CAM certification form the notice chain. Institutional incorporation is not automatically personal reading.
Threshold crossed
Gil's position is that the Fiscal had crossed the criminal line before or, at the latest, through the hearing: maintenance, adoption, reaffirmation, use or knowing failure to correct.
Opportunity to correct
Later alerts, use of the Judgment in the elEconomista episode and the 2026 decisions/referrals are analysed as continuity, notice and opportunity to neutralise harm—not as the late birth of the criminal allegation.
DP 1901/2026 · ACTIVE-ENABLEMENT WARNING
The accusation is set out in express public notice for Fiscalía to test or refute.
Gil Marer's express warning: any informed act or omission that suppresses, fragments, reclassifies, neutralises or leaves uninvestigated the actor-specific economic-crime allegations in DP 1901/2026 may actively enable the alleged scheme, protect its alleged beneficiaries and contribute to continuing patrimonial harm.
A primary order dated 12 July 2026, NIG 3501643220260016977, transferred the admission question to Ministerio Fiscal for a five-day report, expressly in connection with DIP 2/2026. The 14 September 2026 order now records that a Public Prosecution report dated 29 July 2026 sought dismissal and itself orders final dismissal/archive. The controlled public record still does not contain the signed prosecution report, its author, exact source corpus, reasoning or the Control 21 / daily reference no. 24 / DIP 2 routing trace.
The warning does not turn the dismissal request into proof of capture, prevarication or coordination. It does convert a previously hypothetical intervention into a concrete dated prosecutorial act recoverable from institutional records. It requires production and testing by actor, asset, date, conduct, source, duty, knowledge, reasoning, lawful alternative, enabling mechanism, counterfactual, alleged harm and benefit.
WHAT IS REQUIRED NOW
A traceable response, not another fragmented absorption.
1 · Preserve and produce
Complete file, index, allocation, referrals, received corpus, signed report, decisions, access traces and any review or correction.
2 · Answer actor by actor
Keep the institution, offices, leadership and individual signatories separate. Office alone does not transfer knowledge or intent.
3 · Correct instrumental use
State whether the 2019–2023 position is maintained, corrected, narrowed, investigated or referred, and what prevents continuing use as a shield.
4 · Protect the reporting person
Test each communication and detriment under Law 2/2023 without converting that Law into an automatic offence or excluding it through a simplified chronology.
5 · Prevent incremental harm
Identify lawful preservation, investigation, accounting, restitution and non-aggravation measures while judicial and recovery routes remain open.
6 · Provide real contradiction
Produce the institutional reason and contrary evidence. The correction and right-of-reply route remains open with equivalent visibility.
STATE CONTROL
Publication is not service, receipt, reading or response.
| State | This release | Evidence needed to advance |
|---|---|---|
| Position adopted | Yes | Gil's express instruction and the dated control. |
| Published | Yes — PR #1285 / merge fcea60ca / Pages #1347 / exact readback | 22 of 22 HTML routes verified against the exact merge tree. |
| Prepared for formal delivery | Not by this page | Recipient package, body, annexes and exact approval. |
| Registered or served | Not established by publication | RedSARA, court entry, acknowledged email or valid equivalent receipt. |
| Received into a file | Not established by publication | Reference, incorporation, allocation or office acknowledgment. |
| Personal access | Not established | Access trace, signed act, appearance or actor-specific acknowledgment. |
| Substantive answer | Not established | Signed act addressing these propositions and evidence. |
Mandatory separation. DP 1901/2026, Calificación, DP 1956/2026, DIP 2/2026, RPL 2523/2025, Madrid DP 913/2025, the judicial complaint and disciplinary routes share evidence only through a documentary bridge; they do not merge or decide one another automatically.
CONNECTED RECORDS · NOT MERGED
Read the accusation with its evidence, limits and responses.
Ricardo de Mosteyrín · actor-specific record →Criminal-misuse thesis →Full classification record →DP 1901/2026 →E.G. 745 · parallel response →Open letter →Institutional record →elEconomista / Madrid →
Right of reply and correction. Fiscalía and every named person or body may provide the file, a signed report, lawful explanation, exculpatory material or a verifiable correction. Silence will not be treated as admission.