• Raid A plot to loot the public coffers of El Ejido
  • Courts Start the trial of the 'Poniente case' with a single statement

The plot of the Poniente case that looted the City Council of El Ejido, in Almería, destined the embezzled money to all kinds of luxury items. From cruise ships to five-star hotels, through high-end vehicles, beauty and slimming treatments and tickets to sporting events, such as the Champions League final. They even paid for two weddings, one of them at the Ritz Hotel in Madrid and another at a hacienda in the province of Seville.

All these details appear in the sentence of the Audiencia de Almería known this Friday on the Poniente case, which condemns 32 people, of the 47 accused, for the corruption plot around the City Council of El Ejido. Among those convicted is the former mayor of the municipality, Juan Antonio Enciso Ruiz, the municipal auditor José Alemán, heads of important municipal areas, a large number of businessmen and relatives and frontmen of the main accused.

The amounts embezzled by this plot amounted to 58,851,790 euros, derived from the extra costs and the uncarried out work that a score of companies were billing to the mixed company Elsur of the City Council of El Ejido. From this society, says the sentence, "events favorable to the private interests of several business groups, alien to the legally required public interest" were happening, which contributed to "deplete the municipal coffers, using the mixed company as a parapet."

The convicts bought countless real estate, both rustic and urban, which they paid for, in part, with black money. The companies of the plot even came to pay for two weddings. One was that of the condemned municipal auditor, who married in style at the Ritz Hotel in Madrid. This hotel received payments in 2007 in the amount of 110,309.36 euros for the celebration of the marriage of José Alemán with Isabel C. on October 6 of that year, as well as the reservation relationship of rooms for guests.

33,748.40 euros were also paid for the wedding of Irene A. and Manuel C., two of the accused, at the five-star Hotel Hacienda La Boticaria, located in the Sevillian townof Alcalá de Guadaira. The wedding was attended by the then mayor Enciso and the company Elsur paid for his accommodation and all expenses generated in the hotel where the marriage was celebrated. The bill for accommodation and expenses for four people in the hotel establishment amounted to 1,874.64 euros.

Among the destinations chosen for luxury trips: Rome, Paris, Berlin, San Sebastian, Galicia, Marbella, Dubrovnik or Venice, with it with "luxury hotels" in the years 2008 to 2009, collects the sentence. The corrupt plot also paid 177,350 euros for a cruise for thirteen people on the ocean liner Queen Mery 2 made in September 2006.

The former mayor of El Ejido Juan Enciso.EUROPA PRESS

As reported this Friday by the Superior Court of Justice of Andalusia (TSJA), the Elsur joint venture of the City Council of El Ejido was established in November 1995, with a 30% municipal participation and the remaining 70% of the company Abensurasa, belonging to the Abengoa group, which has been declared subsidiary civil liability for the corrupt plot.

Indirectly, the newly created company was going to be responsible for the conservation of the pavement, sewerage, distribution of water and its purification, lighting, conservation of parks, gardens and green areas. "However, through subcontracting at exorbitant prices, the fee charged by Elsur to the City Council of El Ejido has turned out to be abusive in relation to the services provided." In the period 1996-2008 alone, a fee of €47.9 million was expected, but it was eventually raised to over €171 million.

The magistrates consider it proven that "all these illicit activities were consented" by former mayor Juan Antonio Enciso Ruiz and by municipal auditor José Alemán, who were president and member of the board of directors of Elsur. Both "ignored their obligations to control and control" public funds. "Knowingly," the sentence emphasizes, "the auditor authorized the expenditure, once counted," and the mayor "authorized with his signature the resolutions where the payments of the fictitiously increased annual fee were ordered."

Convictions

Therefore, the sentence imposes on Enciso five years and three months in prison and another 13 years of disqualification for the commission of a continuous crime of embezzlement of public funds of special gravity in medial contest with a continuous crime of falsification in commercial document. On the other hand, it absolves him of crimes against the Public Treasury, prevarication, corporate crime and bribery. Although both the former mayor and his wife constituted a partnership between them for which they came to enter a total of 671,000 euros, the magistrates maintain that "it has not been proven that these payments covered up donations or illicit commissions" in his capacity as municipal councilor and neither "sufficient proof of personal enrichment has been obtained".

The ruling of the Court gives the municipal auditor an even more important participation in the criminal plot. In fact, the sentence is higher than that of Enciso, since not only is attributed to him the commission of the same crime of continuous embezzlement for which he must serve 5 years and 3 months in prison, in addition to 13 of disqualification, but he is also accused of a crime of passive bribery for which he is sentenced with another two years and three months in prison and another 6 of disqualification.

The sentence notes that the municipal auditor "not only made dereliction of functions," but "allowed, in exchange for large economic perks, that the facts prosecuted took place." The magistrates emphasize that he "constituted" directly or through family members companies with which to profit "illicitly and thus obtain strong income that is invested in creating an important real estate patrimony, acquiring high-end vehicles, movable securities and luxury expenses."

In this way, he came to receive in different ways about 7.5 million euros. His wife, Isabel C. S., has also been sentenced for embezzlement of public funds to a sentence of 3 years and 3 months in prison and 9 months of disqualification and another 5 months in prison and the payment of a fine of 431,000 euros for a crime of money laundering. The sentence, however, absolves the former municipal auditor of crimes against the Public Treasury, prevarication, corporate crime and bribery.

Family plot

The one who was head of the Area of Parks, Gardens and Public Buildings between 1996 and 2003 and later assumed the directions of Exploitation and Production of Elsur, José A. R., "took advantage" of this strategic position to "subcontract services that it should provide to the City Council" for which he used companies hired by him, at the head of which he placed his most direct family, sons-in-law and people they trust.

The sentence ensures that the work carried out by this defendant and his environment meant them to enter more than 24 million euros thanks to the overbilling of their business group, which increased the patrimonial damage suffered by Elsur. His conviction for embezzlement amounts to 5 years in prison and 13 years of disqualification and a fine of 58,000 euros for bribery. His wife, three children and two sons-in-law have also been sentenced for embezzlement to 3 years and 4 months in prison and 9 months of disqualification each.

Entrepreneurs

With regard to entrepreneurs, one of those who has received the highest sentence has been Juan Antonio G. M., to whom the judgment attributes ownership or participation in up to 16 companies that have reported an amount for overbilling of more than 15.5 million euros. His activity in this plot has led to a sentence of 4 years and 9 months in prison and 12 months of disqualification for the commission of a crime of embezzlement and the payment of a fine of 2,290,937 euros for the crime of bribery.

The contribution of his wife María Gema de la P. M. and his daughter Yolanda G. de la P. has resulted in sentences of 3 years and 3 months in prison and disqualification for a period of 9 years for the commission of a crime of embezzlement.

Against the sentence of the Audiencia de Almería there is an appeal of cassation before the Second Chamber of the Supreme Court for which an extraordinary period of 30 days is granted given the extension of the resolution.

The rest of the convicts

The ruling has also imposed the following sentences: 4 years in prison and 12 years of disqualification for a crime of embezzlement to 3 Antonio Ramón B. V., Justo Fernando B. H., Manuel F. H. and Miguel Ángel A. C.; 4 years in prison and 9 years of disqualification for embezzlement of Manuel C. P.; 3 years and 4 months in prison and 9 months of disqualification for embezzlement for the accused Francisco Javier M. M., Antonio M. H., José María C. C.; 3 years and 3 months in prison and 8 months of disqualification for embezzlement for Agustín S. R.; 3 years and 2 months in prison and 8 years of disqualification for embezzlement for Jaime R. R., Ambrosio C. G. and Jesús A. G., the latter also convicted of bribery to pay a fine of 76,850 euros; 3 years in prison and 7 years and 3 months of disqualification to María Rosario B. O. for embezzlement; one year and six months in prison and a fine of 900 euros for bribery José Julián H. V.; the payment of a fine of 3.1 million euros to José Carlos L. L. for bribery; and Rosalía G. del V. a sentence of 5 months in prison and the payment of a fine of 626,862 euros for laundering.

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  • Articles Silvia Moreno