Three lawyers arrested over foreign inheritance scam in Nerja

According to a statement issued on Monday 29 June by the Guardia Civil, in addition to the three arrested, a further eleven individuals are being investigated for their alleged involvement, to a greater or lesser extent, in the alleged crimes.

The Guardia Civil has charged the group with offences including fraud, forgery of documents, misrepresentation of civil status, unlawful appropriation of property, misappropriation, money laundering and membership of a criminal organisation.

The operation was launched following a complaint made by the banking fraud investigation department of a well-known Spanish financial institution. The alert indicated that one of its customers, an elderly British citizen, might be the victim of substantial unauthorised cash withdrawals from their bank account at ATMs in various locations across Spain.

Following various enquiries with the bank investigators established that a lawyer from Nerja was listed on the account as having full powers of attorney. The Guardia Civil also maintains that the documentation provided to open the account had been forged, to the extent that the account holder was listed as being twenty years younger than they actually were.

The officers eventually discovered that the account holder, whose account had continued to operate as normal, had died. From there, they managed to identify the individuals who were allegedly withdrawing funds from ATMs: the lawyer authorised to access the account herself and a man – also a lawyer – with another practice in Nerja. According to the police, both belonged to law firms specialising in property sales and inheritance matters for foreign nationals living in the Axarquía.

While analysing the bank account, investigators discovered that a substantial inheritance had been received from a foreign woman who had died alone in a care home. According to the Guardia Civil, the aim was apparently to use the money through various banking transactions.

The official statement explains that this elderly woman had been admitted to the centre at the request of Nerja social services. According to the investigation, prior to her admission, it was her neighbours who had been providing her with food and clothing due to her mental health problems – a circumstance that reinforces the vulnerable profile of some of the alleged victims of the scam.

To gain control of the inheritance, the detainees are alleged to have used a forged holographic will, supposedly written in the deceased's own handwriting. Furthermore, the Guardia Civil has said that other members of the criminal group were allegedly called upon as witnesses to authenticate the handwriting and confirm a romantic relationship between the deceased and the holder of the account under investigation, who had also died.

Investigators tracked down the elderly woman's rightful heir in Switzerland – a son with whom she had very little contact. According to the Guardia Civil, this man was allegedly contacted by one of the arrested lawyers and asked to grant power of attorney so that the necessary steps could be taken to ensure he received his relative's inheritance. The son agreed, upon learning that his mother owned a flat in Nerja, but he never actually received any money and eventually reported the incident in his country of residence.

The investigation has also established the direct involvement of a third person, also a lawyer and relative of one of the detainees, who was arrested in connection with the investigation. According to the Guardia Civil, over a period of several years, the three are alleged to have carried out property transactions, simulated gifts between family members, purported vehicle sales, investment fund purchases, cash withdrawals and transfers between members of the group in order to make the money appear legitimate.

The Guardia Civil estimates that the value of the profits made by the alleged criminals exceeds one million euros. During the searches carried out, 200,000 euros in cash, jewellery, electronic devices and documents belonging to deceased elderly people were seized; these items will now be analysed by investigators.

In total, the official figures put the number of house searches carried out in Nerja and Almuñécar at seven, although at the start of the operation, sources close to the investigation suggested there had been eight raids on offices, consultancy firms, homes and business premises.

The operation confirms initial suspicions regarding an alleged network linked to the inheritances of foreign nationals and property transactions in the Axarquía and Granada's Costa Tropical. Nerja, Torrox, Vélez-Málaga and Almuñécar form part of an area characterised by intense residential activity, a high volume of property sales and a significant foreign population – factors which often require particular vigilance regarding complex asset transactions.

The investigation was carried out by officers from Nerja and is being led by the head of the Magistrates Court in Torrox. The three detainees have been brought before the court and two of them have been remanded in custody.

The Guardia Civil is continuing its investigation with the aim of determining whether there are any further victims or new members of the alleged criminal group. The analysis of the seized documents, electronic devices and bank transactions will be key to piecing together the true scale of an operation that has once again turned the spotlight on the monitoring of inheritances, property and assets belonging to foreign nationals in the Axarquía.