The negotiation between Alberto González Amador, on the one hand, and the Prosecutor’s Office and the State Attorney’s Office on the other, has led to a pre-agreement in which Isabel Díaz Ayuso’s partner not only admits, as at first, that he defrauded the Treasury by value of 350,951 euros in two years but also used a scheme of false invoices to carry out the deception. In the document that expresses the principle of agreement, to which elDiario.es has had access, the sentence that González Amador accepts is eight months in prison, which guarantees that he will not go to prison. The decision of PSOE and Más Madrid, as popular accusations, to request the judge to expand the investigation has frustrated the agreement for the moment.
The pre-agreement includes a first point with the description of the deception of the public treasury in the Corporate Tax for the years 2020 and 2021 – this year in which González Amador began his relationship with Díaz Ayuso – and a second that concludes: “The events narrated “They constitute two crimes against the Public Treasury in relation to the Corporate Tax for the years 2020 and 2021 of article 305.1 and 6 in medial competition, each of them with a respective crime of falsification in a commercial document.”
González Amador’s first offer to the Prosecutor’s Office already proposed eight months in prison and payment of the amounts defrauded and the corresponding fine, but he did not assume the crime of falsification of documents. Now he does it but it does not increase the penalty. The document includes the agreement of the Prosecutor’s Office, the State Attorney’s Office (representing the Treasury) and the defenses of González Amador and the rest of the accused.
Nothing is said in the pre-agreement of the popular accusations of PSOE and Más Madrid who, early this Monday, presented an extensive document in which they requested to expand the investigation to five new crimes. This initiative, completed one hour before the time set for Alberto González’s statement as an investigator, broke the possibility of an agreement and forced the judge to postpone the hearing.
The parties that had reached the preliminary agreement planned to present it in the presence of the judge and that the statement of González Amador and the other three investigated would not be produced. The three defendants from Arahal (Seville) had traveled to Madrid and Alberto González Amador was waiting for his lawyers in a nearby hotel, attentive to the signal to enter the court and sign the assumption of the crimes. After 12 in the morning, the time at which the judge delayed the appearance, the pre-agreement became a dead letter. At least for now.
Now, the magistrate must study the brief from PSOE and Más Madrid and will ask the rest of the parties to take a position on the matter, the same ones that had already agreed to agree on a sentence for three crimes. Afterwards, Judge Inmaculada Iglesias will make a decision on whether she continues investigating or concludes the investigation and submits the agreement to the court. Her decision may be appealed to the Provincial Court. Although the judge rejects the popular prosecution’s request, the case will not be resolved until at least September. If she agrees to expand the investigation, its extension over time is incalculable.
Eight months in prison that he would not serve
The aforementioned pre-agreement states that Alberto González Amador is responsible for the events described “as the author of all the crimes” (two of tax fraud and one of forgery). Accepts four months in prison for each of the two crimes of tax fraud and pay a fine of 40% of the defrauded fee (60,000 euros for 2020 and 78,380.56 for 2021, as well as the loss of the right to receive subsidies or public aid or enjoy the benefits or tax incentives for 18 months.
The principle of agreement reveals that the Tax Agency settled the debt of González Amador on May 13, which untimely, once discovered by the Treasury, had deposited 525,778.87 euros to avoid judicial investigation.
Alberto González Amador stopped earning 350,951 euros in Corporate Taxes in the years 2020 and 2021, as revealed by elDiario.es, after having exponentially increased his income thanks to a commission of almost 2 million euros in commission in a purchase and sale of masks.
Obtaining the commission was facilitated by the president of Quirón Prevention, Fernando Camino, through his position on the board of directors of the purchasing company. In their request to expand the investigation, PSOE and Más Madrid want to delve into the role of the private healthcare giant and wonder if the money defrauded from the Treasury by González Amador was used to buy the apartment in which he lives with the Madrid president. In exchange, some businessmen put the attic just above at your disposal. These businessmen are related through third parties to Fernando Camino, president of Quirón Prevention.
As a consequence, the pre-agreement includes a section that specifies: “the prosecutor and the State Attorney’s Office do not oppose granting the suspension of prison sentences, because the sentences are less than two years, there is no criminal record and they are satisfied civil responsibilities, the suspension being conditional on not committing a crime within a period of two years.”
The text also includes the sentences for his “cooperators”: the Mexican Maximiliano Niederer for those three crimes and David Herrera Lobato – in charge of the plot located in Arahal (Seville) – who would respond as a “necessary collaborator” in relation to the crime against the Public Treasury of 2021 in medial competition with the crime of falsification of a commercial document. According to the pre-agreement, the case would be filed for the other two Arahal investigators.
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At elDiario.es we are aware that publishing investigations like that of Ayuso’s partner is not easy, that there may be consequences. At least we know what we’re dealing with this time. They have made it clear to us and in writing: “We are going to crush you, you are going to have to close.” The threats from Miguel Ángel Rodríguez, the right hand of the president of Madrid, are not just a warm-up. It is not even the first time that he has resorted to pressure like this to prevent information from being published.
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