The sentences for the separate pieces of the macro-cause of the fraudulent aid of the ERE of Andalusia continue to happen. The Court of Seville has sentenced the sole administrator of the Huelva company Nerva Croissant to two years and nine months in prison for having received aid of 84,522.13 euros in 2009. The judges consider Carles Vandellós a necessary cooperator of a continuous crime of prevarication in competition with another of embezzlement and, as has happened in the last convictions related to the case of the ERE, the mitigation of undue delays has been applied to him due to the length of the investigation and the oral trial process. The court also requests that testimony be deduced from the former General Director of Labor of the Board, Juan Márquez —the senior official who processed this subsidy and sentenced in the political piece of the case to three years in prison— for false testimony for finding “signs that he has ostensibly misrepresented the truth” in his statement as a witness at the oral hearing.
The court considers that Vandellós contacted the General Director of Labor directly, “knowing the lax manner and unrelated to the regulations governing subsidies” used by the General Directorate of Labor and Social Security, to “obtain a public aid or subsidy to their own benefit and under the pretext of the bad run of their company and the need to maintain jobs”. The amount that was agreed to transfer, 84,522.13 euros, was actually the amount to which the wage debts of the convicted person with his workers amounted. For this aid, granted on August 3, 2009, an application was not processed in the regulated manner, the expense was not submitted to prior inspection, there was no prior call or its award was published afterward, according to the judges’ account.
However, this aid “did not have the intended purpose,” the room indicates, because the IDEA agency issued an embargo order against Nerva Croissant, warning that “she could not receive any type of subsidy.” However, both the sole administrator and the then General Director of Labor “devised to redirect the aid” through a second Vandellós company, Desarrollos Tecnoalimentarios Nerva, which had no activity or workers and which “was an instrumental entity to obtain liquidity and avoid debts. This second subsidy, according to the room, “is granted with the sole purpose of circumventing the embargoes that due to various non-payments to Social Security, the Public Treasury and the Junta de Andalucía” that weighed on Nerva Croissant.
The judges consider it proven that the defendant obtained a “relevant benefit” from these aids because they helped him reduce his debts with the General Treasury of Social Security. In addition to the prison sentence, the Court of Seville condemns Vandellós to pay 147,913 euros in favor of the coffers of the Junta de Andalucía.
This is the eighth separate piece related to the ERE case that ends in a conviction by the Seville Court, as confirmed by sources from the Superior Court of Justice of Andalusia. In most of them, such as the one that has just been made public this Thursday against Nerva Croissant, the senior officials convicted in the so-called political piece for the application of the principle of non bis in idem, which prevents a person from being tried twice for the same cause. In the case of Márquez, the court has agreed to transfer the record of the oral trial to the Anti-Corruption Prosecutor’s Office in case it considers that he should be investigated for a crime of false testimony for the statement he issued during the process as a witness. Márquez is the only one of the former high officials convicted of embezzlement who the Supreme Court agreed to reduce his prison sentence from seven to three years.
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