The investigating judge of the ‘Lezo’ case has agreed to send the former president of the Community of Madrid Ignacio González and businessman Javier López Madrid to trial for alleged crimes of influence peddling, bribery, falsification of commercial documents and fraud against Public Administrations in the framework of separate piece number 3 in which the alleged irregular award of the works for the Navalcarnero train (Madrid) was investigated.
In the order to open the oral trial, which is dated June 4 and to which Europa Press has had access, the head of the Central Court of Instruction number 6 also indicates that the hearing must be held against the businessman Adrián de la Joya – -very linked to the commissioner José Manuel Villarejo-; Rafael Arturo Martín, director of OHL; Felicísimo Damián Ramos, Director of Management Control at OHL; and Ildefonso de Miguel, president of the Canal de Isabel II Public Entity between 2003 and 2012, for the same crimes.
According to the brief of provisional conclusions of Anticorruption of December 2020, in which it was interested in penalties of six and a half years for López Madrid and four for González (report of which the judge includes the fundamental lines in his order), the award of the contract for the construction of the Navalcarnero railway line fell to a joint venture owned by OHL in 2007 thanks to the “advantageous economic offer” compared to seven other companies.
But “in reality, the presentation of this offer obeyed a plan devised by the defendants Javier López Madrid – OHL’s Sunday counselor at the time of the events – and Rafael Arturo Martín de Nicolás Cañas.” Said plan consisted of securing the initial award and obtaining the subsequent authorization of a contractual amendment with which they would compensate for the loss of income that this offer entailed.
«To achieve their purpose, both investigated allocated 2.5 million dollars – approximately 1.8 million euros – to the payment of an illicit commission among whose beneficiaries were Ildefonso de Miguel Rodríguez and Ignacio González so that the latter could exercise his influence on Jesús Trabada, then CEO of Mintra and, as such, the entity’s contracting body, ”the judge now recalls.
The role of Adrián de la Joya
With this plan on the table, to carry out the payment of the aforementioned commission they had “the essential collaboration” of those investigated Felicísimo Damián Ramos Ramos, OHL control director, and Adrián de la Joya, “who agreed to develop the necessary actions to do so ”.
Ultimately, the joint action of both defendants allowed OHL “to allocate significant funds to compensate public positions in order to unduly benefit from the award and subsequent execution of the concession contract” to build the Móstoles Central-Navalcarnero railway line.
Thus, days after the award, Felicísimo Damián Ramos, following the instructions of his hierarchical superior at OHL, Rafael Arturo Martín, ordered that from the accounts that OHL had open in Spain, 2.5 million dollars be transferred to bank accounts opened in Mexico on behalf of two companies of the OHL Group.
The events occurred in 2007, when OHL won the public tender and at the same time, López Madrid took advantage of his friendship with Ignacio González to agree with him that he would take advantage of his position in the Community of Madrid to secure said award since he could influence Jesús Trabada, of the public company Mintra. “What happened at the mercy of his personal intervention,” he stresses.
LAURYN GROUP invoices
In order to cover this outflow of funds to Mexico, Felicísimo Damián Ramos, in agreement with López Madrid and Rafael Arturo Martín, prepared two invoices for the provision of fictitious services that were formally issued by the Panamanian company LAURYN GROUP INC. , owned by Adrián de la Joya.
Those two invoices were addressed to the two Mexican companies that received the aforementioned funds. The use of this Panamanian company was due to the fact that De la Joya had agreed with López Madrid that the funds transferred by OHL to Mexico would finally be credited to an account that his company LAURYN GROUP INC. had open in Switzerland, in order to send them to Ildefonso de Miguel Rodríguez, for which he would receive a commission amounting to a third of the funds.
In execution of his plan, on November 30, 2007, Felicísimo Damián Ramos, following the instructions of López Madrid and Rafael Arturo Martín, ordered the transfer of those 2.5 million dollars from Mexico to the Swiss account of LAURYN GROUP INC. Then, prior to July 2008, Adrián de la Joya sent the investigated Ildefonso de Miguel Rodríguez in Madrid funds in cash for an amount between 2 million dollars and 2.5 million euros with which he had to make against the payment of illicit commissions.
However, the judge, paraphrasing the prosecutor’s brief, points out that to date “it has not been possible to get to know the specific circumstances in which the distribution of these commissions between this investigated and Ignacio González was carried out.”
ACTIONS TO MODIFY THE CONTRACT
Due to the economic limitations of the offer, the concessionaire in January 2010 stopped the works to request the modification of the contract, as they had planned. To this end, López Madrid and Martín de Nicolás request the termination of the contract and request a new period for the execution of the works, which is granted “through Trabada’s mediation” in December 2010.
But in October 2011 they request a modification of the contract alleging unforeseen causes, and include new financial proposals that “had they been included in the initial proposal would have led to the rejection of their offer.” That request was not admitted and the concessionaire was declared bankrupt, not actually executing the works.
It should be remembered that OHL has always defended that in the internal investigation it carried out with respect to this matter, two transfers were identified for the amount of 2.5 million dollars for invoices issued and accounted for by Lauryn Group without there being any indication that they could be related to illegal or unlawful acts of any kind.
Judge García-Castellón has already sent to trial the first two pieces of this case on corruption in Canal Isabel II, related to the purchase with public funds of the Brazilian company Emissao and the Colombian Inassa for which he sits on the bench to 29 people. For these facts, Anticorrupción requests 15 years in prison for Ignacio González.
In addition, two weeks ago, the judge agreed to prosecute Ignacio González for the piece related to the irregularities committed in awards associated with the Canal de Isabel II golf course and that allegedly aimed to obtain illegal commissions with the intermediation of companies related to the former leader of the PP.