This is stated in a stage order of the Chamber that will be in charge of prosecuting this case, to which Europa Press has had access, in which it is estimated that the sessions will begin on April 9 and the forecast for now is that the end of the trial in January 2019. However, the attorneys can present arguments about the dates.
The Court of Instruction Number 2 of Marbella agreed in February 2015 the opening of oral trial against 14 people accused in the case ‘Hidalgo’, in which the first arrests occurred in April 2007 and the two main investigated, the person responsible for the law firm Cruz-Conde and a businessman of Iraqi origin, have passed away.
The Anticorruption Prosecutor’s Office accused these 14 people in 2013 for which it initially requested, in its brief of provisional accusation, about 1,000 million euros in fines and more than 170 years in prison in total for crimes against the Public Treasury and money laundering, besides contemplating indemnifications in favor of the State.
Thus, in the fiscal qualification, the public ministry established that the aforementioned law firm, located in Marbella, provided the client who demanded “the precise corporate structures to hide both the ownership of the assets and funds to be invested in Spain and the origin thereof”. Among the defendants are several lawyers from that firm.
Among the formulas used, there was a Spanish mercantile – a limited company – that appeared to be owned by an entity located in a tax haven – Gibraltar, Panama, the British Virgin Islands, and so on. Other times, a one-person limited liability company was created, whose owner was another entity of a tax haven – Netherlands Antilles – according to the prosecutor.
The investigation revealed, according to the Prosecutor’s Office, the existence of “a certain number of clients who have used the system of concealment of funds designed by the aforementioned law firm to avoid compliance with their tax obligations before the Public Treasury. Spanish, omitting the payment of taxes that were required “.
“The purpose pursued by the clients was known by the members of the office, which did not prevent them from lending themselves to collaborate with them in the constitution of these companies, used as a cover, to hide the criminal origin of the money invested in Spain. , so that formally they could not be linked the funds with their real owner, as in the own management of the illegally invested fonos “, according to the public prosecutor.
Moreover, it is alluded to that, in other cases, “the funds to be concealed derived from criminal activities, a fact known to the defendants referred to, among other things because, for certain clients, it was they who had designed the fraudulent strategy against the Treasury. Spanish”.
In any case, “the defendants, representing the possibility that the funds to be invested were the product of the criminal activities of some of their clients, accepted, nevertheless, to provide them with concealment mechanisms for this purpose, assuming their collaboration in the cover-up. of the origin of the funds and the identity of their true owners “.
Another of the formulas with “fraudulent intent” was the figure of shareholder loans, which “do not really respond to this form of contribution”. In the declarations-liquidations presented by one of the entities investigated, relating to Corporate Tax, it was used as an operation to disguise what are simple contributions of capital by the partners in the form of alleged participative loans, according to the Prosecutor’s Office.
“Through this scheme will be generated, artificially, a series of deductible tax expenditures, arising from the alleged payment of interest to the various entities borrowers, owners of social capital, by reason of the loans granted to society,” as argues the fiscal ministry in its provisional conclusions.