The instructor of the ‘mask case’ refuses to investigate the commission agent for concealment of assets and tax crime
The judge of the ‘mask case’, Adolfo Carretero, has imposed a bail on businessman Alberto Luceño of four million euros to ensure the pecuniary responsibilities arising from the procedure in which he investigates crimes of fraud, false documents and money laundering.
In an order issued on April 29, the instructor gives a period of 48 hours to pay 4,023,966.94 euros, in which case of non-payment, the assets held in the name of the Takamaka Invest company will be seized. which he owns.
The judge agrees to officiate at the Judicial Neutral Point -dependent on the Ministry of Justice- to facilitate the movable property of value and real estate in the name of the person under investigation and of the aforementioned company. In the same way, he asks that the Tax Agency be urged to facilitate possible belongings of Luceño abroad.
Carretero, head of the Court of Instruction number 47 of Madrid, also agrees that there is no room for the extension of the imputation for concealment of assets and fiscal crime for both Luceño and the company he owns. A decision that supposes a respite for the investigated, on which precautionary measures dictated by the judge weigh to prevent the risk of flight.
The magistrate explains that so far it has only been possible to seize a property valued at 1,107,400 euros, various high-end vehicles quantified at 946,136.66 euros and the balance of current accounts for an amount of 129,140.70 euros.
Therefore, it alleges that the amount of its pecuniary responsibilities reaches 6,206,644 euros, for which reason, in accordance with article 589 of the Law of Criminal Procedure, a bail of 4,023,966.94 euros must be set, as requested by the anti-corruption prosecutor of the case, Luis Rodríguez Sol.
Reject the lifting of assets
In another section of the order, the judge refuses to charge Luceño and his company with a crime of seizure of assets under article 257 of the Penal Code, as he did with Luis Medina.
The instructor alleges that Luceño “has not made patrimonial dispositions” after his statement before the Prosecutor’s Office on April 15, 2021, because, as his procedural representation has documented, the money from the sales of three vehicles was deposited in the accounts of the Takamaka Invest company.
In addition, the investigated has provided the watches that have been requested -valued at 42,000 euros- and justifies the necessary expenses for his personal life and the commercial life of his company.
Nor is the imputation extended to the tax crime, as requested by the popular accusation represented by Podemos, since the crime for which the proceedings are initiated is an aggravated fraud with false documents and money laundering, without there being a crime for the Anti-Corruption Prosecutor’s Office. tax because Luceño could establish a company to engage in business, paying the same for corporate income tax, without prejudice to taxation as a natural person.
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