The defense of the actress Ana Duatowhich is being tried by the National Court in it Nummaria casethere is no question of recognizing tax crimes in the final stretch of the oral hearing with the aim of reducing the years in prison to which she could be sentenced.
Legal sources explain that after the prosecutor in the case made his conclusions definitive, requiring a sentence of 16 years in prison for the actress who starred in Tell mealready it is not possible to reach an agreement compliance to seek mitigating circumstances for confession. Although this option is not viable, tax sources explain that the actress’s defense could always make use of her final report turn in the trial and of Duato’s own last word to recognize factsbut this possibility is not even considered from the defense.
Thus, the actress will remain firm in his decision to fight to prove his innocence within the framework of this case in which the tax advisory firm Nummaria, allegedly directed by the main defendant Fernando Peña, is being investigated, which would have been dedicated to facilitating its clients vip corporate gateways to defraud Tax authorities.
Duato’s strategy clashes head-on with that followed by another of the defendants, the actor Imanol Ariasyes that reached an agreement with the Anti-Corruption Prosecutor’s Office and admitted up to five crimes prosecutors (for personal income tax from 2010 to 2014) accepting the sentence of 2 years and 2 months in prison.
Duato’s statement
It is worth remembering that in her statement before the court, the actress stressed in response to questions from her lawyer Enrique Molina that Peña was the one who brought her all the statements investigated before the Treasury and that “I completely trusted” him. He explained that he had the “peace of mind” that everything was “well done” because “the language of prosecutors is quite complicated.”
She added that she did not know what they were offering her to create – tax vehicles – but that “at that time she completely trusted” Peña because “had a highly regarded reputationHowever, in his report, prosecutor Tomás Herranz maintains his thesis that Duato used that office with “the desire not to declare his true income” and thus defraud the Treasury. He stated in this regard that “from the moment” he went to the main defendant’s office his objective was not to declare everything he owed.
In fact, he focused on the fact that until 2006 he declared everything “and paid taxes accordingly” given that paid approximately 400,000 euros to the Treasury, 43% of his income, and that after going to Nummaria he began to pay only 25%. “How can it be? It is not understood except for a fraudulent design,” he stressed.
Peña’s office
It is worth remembering that the Anti-Corruption Prosecutor’s Office has set the sentence requested for Peña at 231 years and 9 months in prison for up to 57 tax crimescriminal organization and procedural fraud, among other crimes. Thus reducing the initial request by 67 years. For Duato, the sentence is set at 16 years in prison for five tax crimes from the years 2010, 2011, 2012, 2014 and 2015.
In this trial about thirty people are accused for allegedly having evaded taxes through the Nummaria law firm, supposedly dedicated to building and maintaining a legal-economic structure intended for this purpose.
According to the Anticorruption report, Peña, “in order to prevent the illicit activities he carried out” under the coverage of the tax consultancy from being detected, created a network of Spanish companies At the same time, he controlled multiple companies in England, Costa Rica, Canada, Uruguay and Luxembourg.
These companies – more than 200 in number – were used, indicates the Public Ministry, “both to facilitate the opacity of the operations of the Nummaria office, and to deliver them to customers who wanted to use them to carry out the illegal activities” investigated in the case.
Last week of trial
This opacity was sought both in front of the Public Treasury and in front of other third parties, individuals and legal entities that held some credit right against the defendants. “The members of the office they were aware that these structures were going to be used to carry out criminal activities,” recalls the Public Ministry.
The document adds that the corporate structures created were practically identical for all affected clients of the Nummaria law firm and their purpose in most cases was to avoid taxation by Corporate Tax or the VAT of the Spanish operating companies or, in the case of natural persons, by the Personal income tax.
The trial faces its final stretch this week with reports from both the State Attorney’s Office and the defenses. After this it will be the defendants’ turn to have the last word -Imanol Arias has already announced that I wouldn’t use it— and immediately afterwards it will be seen for sentencing.
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