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Former Marbella Official Avoids Jail After 19 Years on the Run

Andalusian Scandal: How Carlos Fernández Returned to Spain and Escaped Prison

Carlos Fernández, ex-councilman of Marbella, will pay a large sum and a fine instead of serving jail time. His case is tied to a high-profile corruption scandal in Andalusia. Find out how he managed to escape prison nearly two decades later.

Nearly twenty years after the launch of a high-profile corruption investigation in Marbella, one of the longest-running episodes in this case has finally come to a close. Carlos Fernández, a former city councilor who vanished in 2006 during the second wave of arrests, has now agreed to pay a fine and compensation to avoid imprisonment.

During a hearing at the Audiencia Nacional, Fernández admitted his guilt and agreed to pay a €4,095 fine, as well as to reimburse Marbella’s city government €258,000 plus interest. City authorities insisted on the return of the stolen funds, and only after this agreement was reached was it possible to avoid a full trial in the Saqueo II case.

The former official was detained at Barajas Airport in Madrid after arriving from Argentina, where he had been hiding since his escape. His lawyers had previously notified authorities of his intention to return to Spain voluntarily and appear before the court. Fernández was one of the key figures in the Malaya case, having started his political career in the early 1990s under the leadership of Jesús Gil, and later becoming second deputy mayor.

From fugitive to return: the long journey home

At the height of the anti-corruption operation in Marbella, Fernandez was accused of abuse of office, embezzlement, and accepting bribes. According to investigators, he received €150,000 from the main organizer of the scheme, Juan Antonio Roca. Fernandez had previously been convicted of misappropriating funds from the San Pedro Alcántara football club, but this time he was facing up to ten years in prison.

Upon learning about his impending arrest, he disappeared, claiming he was going on a pilgrimage along the Camino de Santiago. He was last seen at a hotel in Ponferrada, after which he crossed the border into Portugal, then flew to Brazil, and from there to Argentina, where he lived for nearly two decades.

The ending: confession and compensation

In October last year, Fernandez, through his representatives, announced his intention to return to Spain and surrender to authorities. He had already attempted to resolve his legal status in 2017, when he voluntarily appeared before Argentine law enforcement in hopes of speeding up the process of having his crimes dismissed due to the statute of limitations.

After returning to Spain, he was detained but soon released under the condition that he appear in court. At the hearing, he fully admitted to the charges and agreed to pay all assessed amounts. As a result, he was fined for embezzlement and received an additional penalty for document forgery. The total fine amounted to €4,050, while compensation to the municipality reached €258,000, not including interest, which over nearly 30 years could bring the total to half a million euros.

Municipal authorities emphasized that the return of funds was a fundamental condition for striking a deal with the prosecutor’s office. Initially, prosecutors were seeking nearly two years of prison time for Fernández, but following the agreement, he avoided jail and was subjected solely to financial penalties.

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