Courts The Police investigate the business of the couple of the director of the Civil Guard
Corruption The husband of the director of the Civil Guard attacks the Police for pointing out a "general cause" in the Santana case
Juan Carlos Martínez
, husband of the general director of the Civil Guard, the Malaga socialist
María Gámez
, is in the crosshairs of the police investigations that are part of the judicial case on the
Santana case
, which is being investigated by the Court of Instruction 6 of Seville.
The keys to this matter of alleged corruption are detailed below.
What cause is it?
The
Santana case
is a judicial investigation that tries to elucidate whether there are crimes of prevarication, falsehood and embezzlement of funds in the injection of
36.1 million
euros by the Junta de Andalucía from 2009 in the company based in Linares Santana Motor, which closed in 2011.
But there is more public money at stake.
Although the judicial investigations began with 36.1 million, the volume under suspicion rises to almost
137 million
euros that the Junta de Andalucía, during the PSOE stage, gave to this company.
He did so "with full awareness of the
ineffectiveness of the aid
to save the activity of society," says a police report on the case.
The judicial investigation analyzes whether the Andalusian socialist government, during José Antonio Griñán's time as president, committed several crimes by altering an agreement to convert a loan of 36.1 million to Santana Motor into non-refundable aid, something prohibited by the law.
The Intervention of the Board warned of these facts and warned that there could be a loss of public funds.
The facts have their origin in the agreement signed on December 17, 2009 between the Ministry of Innovation, Science and Business, at that time directed by
Martín Soler
, and the Innovation and Development Agency of Andalusia (IDEA) for the technological development and of off-road vehicle industrialization processes by Santana Motor.
The aforementioned agreement regulated the granting of a reimbursable loan of 36,105,044 euros at
0 percent interest
and a repayment period of ten years -from 2014 to 2023- and four years of grace.
IDEA subsequently granted the loan to Santana Motor, with the mandatory agreements of its governing council of IDEA and the Governing Council of the Board.
But the conditions were altered and what was a loan became a
non-refundable aid
.
What caused
the alarms to go off
in the Intervention.
When did the investigation start?
The judicial investigation began in 2015 by Judge Mercedes Alaya, at that time head of the Investigating Court 6 of Seville.
The magistrate was investigating the macro-cause of corruption of the ERE and, pulling the thread, new cases were emerging, such as this one from Santana and also the Avales case.
Now, the instructor of the Santana case is the reinforcement judge
José Ignacio Vilaplana
, who assumed the macro-causes of corruption that are processed in the Investigating Court 6, after dividing the work with the judge
María Núñez Bolaños
.
Has María Gámez's husband already testified?
Judge Vilaplana has not made any decision on the procedural future of Juan Carlos Martínez, waiting for the Economic and Fiscal Crime Unit of the National Police (UDEF) to deliver the new report that has been commissioned.
The instructor wants the agents to analyze the
annual accounts
reports of the IDEA Agency between the years 2006 and 2011;
various Action, Investment and Financing Programs (PAIF) of this public agency, annexes with allegations of the
Intervention
of the Junta de Andalucía and the final financial control report of Santana Motor to complete the two reports delivered last year.
What implies Martinez?
The judicial investigations try to elucidate how the outflow of funds from Santana Motor has been "for
millionaire amounts
in favor of private companies linked to the management of the project", among them the one related to the development of the
Massif
SUV .
One of these providers was
Experience Management Group SL
, a consultancy company established on September 4, 2009 and which had
Bienvenido Martínez
-brother of Juan Carlos Martínez- as sole administrator.
According to the UDEF statement, this company received 339,701 euros from Santana Motor between 2009 and 2011, a period in which Welcome Martínez “directed” both companies.
He presided over Santana Motor between March 16, 2010 and July 14, 2011 and before that - at least since December 12, 2008 - he had been
a director of Santana
Motor Andalucía in his capacity as director of Strategic Investments of the IDEA Agency. .
For the investigators, this
double condition
- president of Santana and sole administrator of Experience Management Group, provider of the first - seems a
"manifest irregularity"
and could constitute a crime of embezzlement of funds.
The researchers analyze whether the company managed by the husband of the current director general of the Civil Guard achieved an "unfair profit" by benefiting from income "from companies that had obtained" substantial "funds from the Board.
In addition, the police report warns about the
"increase in assets"
of Juan Carlos Martínez, who bought
real estate
"for more than 1,000,000 euros" in three years.
What does he allege?
Juan Carlos Martínez maintains that the investigation being carried out by the UDEF and which incriminates him in an alleged case of influence peddling is nothing more than a "general cause" based on "
conjecture and mere police suspicions
".
Martínez rejects any participation in the granting of subsidies to the Jaén company and claims that he is not even called to testify as being investigated within the framework of the proceedings carried out under the direction of Judge Vilaplana.
Why are investigations so slow?
The judicial investigation has been underway for
seven years
and there is still no sign that it will be closed.
In an order dated January 14, Vilaplana agrees
to extend the investigation for
another six months -until July 29, as requested by the Prosecutor's Office- and orders the Police to examine the information provided by the Board (final accounts of IDEA corresponding to several exercises, fundamentally) in order to advance in the clarification of the facts.
In the order, the judge remarks that these proceedings could not be carried out before due to the "
complexity" of the procedure
and the "serious jurisdictional burden" that weighs on this court.
In this body, more than fifty pieces broken off from the macro-cause of the ERE are processed, in addition to the alleged
fraud of the
training courses and the Faffe scandal, the Board's employment foundation that diverted public money to
brothels
and worked almost like a
placement agency
for relatives of PSOE leaders.
In addition to the workload on the court, the
Santana case
is highly complex.
"In this proceeding, the actions of public and private legal persons are investigated, with a not insignificant number of those involved and with a
very complex criminal mechanism
that requires the analysis of important expert and police reports, and a volume of documentation that is no less, precisely », justifies Vilaplana.
What happened in Santana?
Santana Motor, the automobile company from Linares (Jaén) closed down in 2011 after
55 years of activity
, not being able to stop the leak that caused losses of more than 270 million euros.
The Junta de Andalucía owned the company since the departure of the Japanese multinational Suzuki in 1995. Almost
2,000 jobs
were lost between Santana and its auxiliary companies.
Some
800 workers
over the age of 50 from Santana
took early retirement
with 80% of their contribution base.
Between 2009 and 2011, the Junta de Andalucía injected almost 137 million euros into Santana, the fate of which is now being analyzed by the Investigating Court 6 of Seville.
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