The first section of the Provincial Court of Toledo will judge this Wednesday, September 18, MCP and CVA., for whom the Public Prosecutor’s Office is requesting three-year prison sentences for non-payment of social security contributions from the foundation with which they supported the Higher School of Gastronomy and Hospitality of Toledo, with which they operated two restaurants open to the public, reaching a debt of 425,838.17 euros. The case was published on ABC in April 2019.
According to a document from the Public Prosecutor’s Office to which Europa Press has had access, CVA was president of the Confrérie du Cent Foundation, at the same time as the other accused, MCP, from 2004 to December 31, 2019, was director of the Higher School of Gastronomy and Hospitality of Toledo, trade name under which the aforementioned foundation operated.
The Cofradía del Ciento Foundation has been operating since its creation in June 1998, managing the Higher School of Gastronomy and Hospitality of Toledo and operating two restaurants open to the public.
Thus, according to the Prosecutor’s Office, due to the aforementioned commercial activity, the Confrérie du Cent Foundation did not pay contributions for the workers whose services it used, contracting with Social Security a total debt of 425,832.17 euros, corresponding to the period between August 2005 and October 2018, the principal being 318,113.82 euros and the remainder referring to the increases and interests derived from the principal.
During this period from 2005 to 2018, the Confrérie du Cent Foundation requested a total of up to five debt deferrals from the General Treasury of Social Security, which were not systematically respected by the entity.
Concretely, throughout the calendar years between 2015 and 2018, the debt increased considerably, reaching a principal (excluding interest and surcharges) of 230,380.79 euros over these four years.
Faced with this situation, given that they were not up to date with their payments and that the debt with the general treasury of Social Security had only increased since 2005, with the aim of continuing to operate in commercial traffic without fulfilling their obligations, the two defendants, acting in coordination, formed in 2009 the company Gestión y Supervisión de Empresas SL, whose president and CEO was the defendant MCP and its vice-president and also CEO the other defendant, CVA.
Thus, the purpose and activity of the Foundation Brotherhood of the Hundred and Management and Supervision of Companies SL coincided, there was an obvious confusion between the two entities and the second being the successor in the management of the Higher School of Gastronomy and Hospitality of Toledo and in the operation of the two restaurants open to the public carried out by the Foundation Brotherhood of the Hundred.
So, especially since 2014, hThere were continuous transfers of workers between the two entities, salary payments by the company Management and Supervision of Companies SL to workers of the Confradía del Cent Foundation and both entities shared the contact details, website, landline number, email and mobile number that were shared by the Foundation and the accused MCP
On the other hand, between 2015 and 2018, both companies shared the same headquarters in Toledo, and the ordinary expenses of gas, water and electricity were borne by the Cofradía del Ciento Foundation, despite the fact that it lacked income, unlike the management and supervision of the SL companies, which had income and did not pay any of the above-mentioned costs arising from the use of the same registered office.
For all this, the The prosecution is seeking a three-year prison sentence for each of the two defendants.as well as a fine proportional to four times the debt, i.e. 921,523.16 euros and joint compensation in the amount of 311,008.85 euros to the General Treasury of Social Security.
