The imposition of separate sentences against businessmen who received fraudulent assistance from the ERE case This continues despite the Constitutional Court overturning the convictions of political leaders.
The third section of the Provincial Court of Seville sentenced to two years and six months in prison for crimes of misappropriation and embezzlement of public funds to the general director and administrator of the company Huelva Tartessos Car SL. The company was dedicated to the sale of automobiles and light vehicles and, according to the judgment, received illegal aid of 300,000 euros.
The convict has already appealed the judicial decision to the Supreme Court, which also imposes four years and six months of absolute exclusion and payment of remuneration of the Board of Directors of more than half a million eurosbetween the amount of aid and the 260,000 interest.
To determine the sentence to be imposed on the accused, the court takes into account “a totally inadequate declaration of minimums“in this case, taking into account the seriousness of the facts and the circumstances attached to them.
The judge denounces “a complete disorder of the legal order, overturned by arbitrary decisions prejudicial to the public interest within the framework of a series of fraudulent activities with the creation of a false documentary network and misappropriation of the function and of the complete public interest.
The Court recalls the facts pursued by the First Section of the Court in the judgment relating to the political aspect of the ERE case, “essentially ratified” by the Supreme Court and “modified” by the Constitutional Court, and places the granting of these aid in this general framework.
The magistrates indicate that, the investment made to create the entity being insufficient, new private partners were brought in. In 2004, it was orchestrated a capital increase and a so-called Reconversion and Modernization Plan to five years which was never completed within this time and which worsened the situation of the company. His debt amounts to seven million euros.
For this reason, they resorted to financing and public aid, contacting the then Director General of Labor and Social Security, Juan Márquez, to grant them aid and thus benefit 62 direct workers.
Thus, and to support his request, the accused gave him or showed him a one and a half page note written by him and dated November 7, 2008 in which he described the situation of the company.without support in any documentation of this type or of an official nature“.
Thus, and as they point out, the Director General of Labor at the time sent the accused on November 11, 2008 a letter or an official letter in which he communicated that, according to the conversation held, the General Directorate “is committed to
cooperate in the viability of the business.
The magistrates indicate that on the same day, Márquez issued a resolution in which, “without expressing any motivation and without having his own or delegated power to grant subsidies and without any procedure”, he granted the aid.
