The highest judicial body in the Basque Country rejected the accused's appeal and fully confirmed the sentence from the Provincial Court of Bizkaia. This sentence found him guilty of aggravated misappropriation, citing his exploitation of professional credibility and the significant harm caused, also disqualifying him from practicing law for three years.

The lawyer retained 38,212 euros that he was supposed to deliver within the framework of a civil lawsuit for the annulment of the IRPH interest clause in a mortgage loan signed by a couple with Kutxabank. A Bilbao Court of First Instance ruled in favor of the couple, recognizing their right to receive 91,912 euros. The lawyer collected this amount but informed his clients that only 60,000 euros had been recognized, from which his fees (6,300 euros) were to be deducted.

Furthermore, the lawyer concealed from his clients that the judgment was not final and that the received amount could be subject to reversal, which indeed happened when Kutxabank appealed. The Fourth Section of the Bizkaia Court ruled in favor of the bank, ordering the return of the consigned amounts.

Consequently, the sentence from the Bizkaia Court that initially convicted the lawyer stipulated that he, as civil liability, had to pay the banking entity 38,212 euros, the total amount that, as proven, the lawyer misappropriated. The lawyer appealed to the TSJPV, requesting the revocation of the sentence, arguing primarily that his right to the presumption of innocence had been violated and that there was an error in the assessment of evidence.

Now, the TSJPV rejects his appeal and maintains that there was sufficient testimonial and documentary evidence indicating that he concealed the figure recognized in the judgment of the Bilbao Court of First Instance and that his actions were driven by a conscious will to incorporate into his own assets money that should have gone to his clients' patrimony.