The Anti-Corruption Prosecutor’s Office has appealed the file of the case agreed by the judge of the National Court Santiago Pedraz in which several CDC charges were being investigated for donations to the party with the alleged purpose of illegally financing said formation.
In a letter, to which La Vanguardia has had access, the prosecutor considers that there is sufficient evidence to bring to trial former leaders of the extinct party as well as leaders who donated amounts before the suspicion that a crime of money laundering was committed, in against the criteria of the investigator who agreed to the dismissal of the case, as there was “no indication whatsoever that proves a mechanism for the outcrop of black money.”
In a car, the magistrate explained that not enough evidence has been found to bring those investigated to trial after the analysis by the Civil Guard of the cash income operation linked to donations to the party.
Specifically, it was examined whether a system had been devised based on the reversal in the form of cash of the donation made by those investigated as a form of compensation for the initial income, so that the cash held by the CDC and presumably by illegal origin, would pass to the legal economic circuit using the simulation of a donation, instead of being a contribution made voluntarily by the donor.
Anticorruption opposes this criterion and suspects that the donations made to the party were part of “some type of action through which the party enters, and justifies, funds of unknown origin under the protection of donations made by individuals.”
According to it, in the period 2008-2015 the amounts received as donations by this political formation rose to 1,673,040.49 euros if the data collected in the database analyzed by the Civil Guard are taken into account, and 769,800.49 euros for the period 2009-2014, if “CDC” accounting is taken into account.
According to the letter, it is verified how the donations began to decrease in 2011 to increase again in 2014, producing a more than notable increase, both in number and amount of donations, in the years 2014 and 2015,
In 2015 the amount of donations received increased by 2,646% compared to those received in 2013, going from 14,640.00 euros to 402,085.00 euros.
Despite the fact that the income in the years 2008 and 2015 are similar, the number of operations is not, requiring many more to reach a similar volume of income.
On the one hand, the years 2008 to 2010, the donations are concentrated in the months of October to December. In addition, in this period, donations by individuals are strikingly higher than donations by individuals in the period between 2011 and 2013.
On the other, in the years 2014 and 2015, these donations made by individuals are presented in a non-systematic way and without a criterion that can foresee them, specifically in the month of November of the year 2014.
The prosecutor is based on the statements of the people investigated so far who exposed, “in an almost coincidental way”, how they made the donations under investigation. They did so at the request of both Daniel Osácar and Andreu Viloca, who held the status of treasurers.
“It is confirmed, after these statements, that the donations did not respond to membership fees. The former party coordinator Francesc Sánchez already explained in court, on January 30, 2020, how in any case those donations from 2008 to 2010 They could be payments of party fees, not only because of the amounts but because until 2014 these fees were not registered as donations for tax reasons, deduction”.
Likewise, it understands that the judge has not taken into account the statement made by Osácar, who confirmed the incriminating elements. “He stated how the mechanics of exposing money from criminal activities (described in the following paragraph) was, in effect, involving various people affiliated with “CDC” to make donations to said party that, immediately, they were reimbursed in cash with the money coming from said activities”, says the prosecutor. Osácar even affirmed that the investigated Germá Gordó was the one who directed this structure.
