The Provincial Court of Madrid has acquitted to Luis Medina and Alberto Luceño of Scam crime aggravated and falsehood in a commercial document accused of the Madrid Prosecutor’s Office for deceiving the Madrid City Council in the sale of health material in March 2020, in full pandemic of Covid.
In a sentence notified on Wednesday, to which Europa Press had access, the magistrates They condemn Luceño to three years in jail for a crime against the public hacienda Already another eight months for falsehood in an official document and a fine of 3 and a half million euros.
The sentence has been delivered to the parties already the defendants themselves in the secretary of the Seventh Section.
The trial remained seen for sentence on February 27 After the final allegations of the defenses, who claimed the Court the acquittal of their clients by not accrediting the scam to the Madrid town hall.
The oral view came to an end after Eight sessions in which various officials declared of the Madrid City Council, including the then Chief of Purchas of the Consistory in the Pandemia and the Managing Director of Madrid Health, experts of the Tax Agency and experts of the Municipal Police of Madrid.
In your statements, The defendants made it clear that they never talked to Elena ColladoChief of Purchases of the City Council during the pandemic, of the commissions, against what is stated by this, and that The price of the masks were set by the Malaysian company Lenothe supplier of the material that was supplied.
Luis Medina’s lawyer, José Antonio Choclán, requested an acquittal considering that the accusation of fraud lacks the basis in the first place because an extra cost of the prices of the masks could not be calculated because The market was broken Without offer and there is no breach of the contracts because “the end was to bring that” sanitary material.
The money was not hidden
Alberto Luceño’s lawyer joined the allegations of his partner Choclán in relation to the crime of aggravated scam, which is imputed to both processed, pointing out that there has been no concealment of the five million that he received as commission.
In your conclusions, The prosecutor kept the penalties of nine and fifteen in jail to impose for the crimes of those who accuse them -aggravated this, falsehood in commercial document, documentary falsehood and fiscal crime -adding the disqualification for the exercise of trade during the years that the conviction lasts.
In his report, the prosecutor stressed that all the facts that are accused have been proven.
As for the scam, he considered that the profit of profit has been “more than proven” by a series of data as an email in which it is said “Pá And that the operation is a “ball”, as well as the amount of the commissions.
“The commission that They took 149% in the case of the masks, 244% in the case of the tests and in the case of 426% gloves. It is difficult to find greater profit in this type of operations, “he said.
Regarding the deception, the prosecutor stressed that it is accredited that there was a concealment of the commissions and that the belief wanted to acted in an altruistic way and that no commissions were carried out, as stated in An email sent by Elena Collado on March 22 in which she writes that they would not receive money for that operation.
“The price increases to take advantage of the circumstances, which is a nuclear element of deception. Luis Medina y Luceño said they had experience in foreign trade when they did not sign any operation in those two years,” he said.
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