The provincial audience of Madrid excuses the Portobello investment fund to manifold the owners of the dental clinics that acquired to form the Vivanta Group. In a car dictated on October 25, the seventh section gave a folder to one of the judicial fronts that the company has opened. Against the claims of the complainants, the judicial decision maintains that there are no signs of criminality by Portobello, to which it exonerates "Orchestrate a deception".
Alludes, on the contrary, that once acquired the clinics, "the incorporated personnel" was subjected to "new remuneration conditions that caused an increase in expenses and, therefore, a decrease in benefits". The audience maintains that "it would be, in your case, of a successful business decision or not" but without criminal relevance. Therefore, it does not see indications that there has been a "defraudatory manipulation" and refers to the complainants to the civil jurisdiction if they consider that "adjustments in the settlement of the agreed price" should occur.
In this way, the audience confirms the pronouncement carried out by the 1949 Instruction Court of Madrid, which maintains that the complainants "received an offer they negotiated and signed." So "they perfectly knew the terms of the contract as well as the agreed conditions, including the way to integrate into the Society Vivanta and the form of payment of the price agreed in the operation". For what he considers that "there is no indication that arguing would mediate a deceitted deception in the elaboration of contracts."
It also emphasizes that there was a "evolution to the decline of the clinics from the second quarter of 2017" that caused a "negative and continuous trend down to the low sales". He also reviews "an increase in costs for the laborization of clinical doctors and not to a manipulation shared by the seller".
In parallel, the same Court of Instruction 49 maintains opened diligences in which it is tried to determine if, as the sellers of the clinics have reported, Portobello had a double accounting to minor the benefit and reduce the payments linked to the development of the exercise. Portobello, through his lawyers, headed by Carlos Aguilar, deny any kind of irregularity as well as that they would have offered the sellers an additional amount to those signed.
Date Of Update: 26 November 2021, 08:01
