The judge rejects extending the investigation into Ayuso’s boyfriend, as requested by the PSOE and Más Madrid

The head of the 19th investigating court in Madrid has rejected requests from the PSOE and Más Madrid to extend the investigation into Alberto González Amador, partner of the Madrid president, Isabel Díaz Ayuso, who is being investigated for the alleged commission of two crimes of tax fraud – 350,951 euros in the corporate tax return for 2020 and 2021 – and one of falsification of a commercial document. This is stated in an order signed on July 31, in which the opposition to carrying out the proceedings requested by the two left-wing parties, who have appeared as private prosecutors in the proceedings, is harshly expressed. The PSOE and Más Madrid had asked the judge in June to continue with the investigations after finding alleged evidence of four new crimes – disloyal administration, accounting fraud, corruption in business and accounting crime – in addition to proposing a more severe classification of the crimes of tax fraud for which González Amador was already being investigated. That request frustrated at the last minute the negotiation of an agreement in which the broker would presumably assume the crimes, pay a fine and avoid jail.

“Many [de las diligencias solicitadas] “Some may be unnecessary because they concern facts that can be recognized by those under investigation at the time of making their statement, others may be considered prospective because there is no evidence of crimes other than those that are the subject of this procedure and finally, as regards the facts that could be related, the performance of the requested proceedings would entail excessive complexity and delay in the procedure that would last for several years, that is, it would prevent the prompt prosecution required by Article 17 of the Criminal Procedure Law,” the order reads.

The private prosecution had requested 23 preliminary proceedings, which were opposed by both the defence of the broker and the Prosecutor’s Office. Among them, they requested a financial inquiry of the five people under investigation between 2019 and 2022; to obtain all their bank transactions in that period of time; for González Amador to provide accounting documentation of his activity as a self-employed person and of all the deeds of sale of homes that he had acquired between 2020 and 2024; in addition to 20 witness statements. In addition, PSOE and Más Madrid also wanted seven companies to be required to provide accounting documentation related to the case; for the Treasury to report on five of them; and for the judicial authorities of Mexico to be contacted to request information.

To justify their request, the PSOE and Más Madrid claimed in June that they had not had time to analyse the evidence from the Tax Agency against Amador. According to their letter, they received the report from the Tax Agency together with a CD containing 1,500 files. In view of this documentation, the two parties concluded that the complaint that the Prosecutor’s Office filed on 12 March against Amador and his four alleged collaborators was too lenient. In that letter, the Prosecutor’s Office considered that two crimes of tax fraud (305 of the Criminal Code) had been committed in conjunction with each of them with a crime of falsification of a commercial document (392 CP).

The PSOE and Más Madrid believe that there are indications to consider at least the commission of the aggravated type of these first two crimes (305 bis CP) “due to the existence of an organization and the use of an entire accounting system, through the use of legal or physical persons, some of them based abroad, to commit the crimes. In addition, they add the possible commission of crimes of disloyal administration (252 CP), accounting fraud (290 CP), corruption in business (286 bis CP) and the accounting crime of article 310 CP.

They add that there are reasons to believe that the amount of fraud considered so far – 350,951 euros – should be revised upwards, and that there could be other people responsible who are not being investigated.

The judge argues that giving the go-ahead to carry out the necessary procedures would excessively delay the process. “The carrying out of the procedures requested by the private prosecution would take years, preventing the prompt prosecution of the facts,” she argues. “For all these reasons, it is appropriate to deny the carrying out of the requested procedures.”

A decision to which Díaz Ayuso reacted this Monday during an interview on Antena 3.

“How can the Prosecutor’s Office be in his favor?” [a la defensa de su pareja]”, said the president of Madrid about the agreement between the Public Prosecutor’s Office and González Amador’s lawyer in considering that the proceedings were unnecessary. “Political parties have been allowed to attend an inspection of a private individual who has nothing to do with me, who we did not even know,” she continued. “The judge has put up a barrier there, because now they wanted to go further.”

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