The National Court (AN) has proposed sitting on the bench To 22 people as alleged members and collaborators From a criminal organization it He would have defrauded more than 194 million euros Between the years 2021 to 2024 in paying the value-added tax on fuel.
This was indicated in an order, compiled by Europa Press, the President of the Central Court of Education No. 4, José Luis Calama, who considers that There are enough indicators To prosecute persons who have been investigated on charges of committing crimes of criminal organization against the public treasury and forging documents.
The investigating judge refers to Javier García, Israel Ocaña de Novoa and Javier González who were investigated As leaders of the organization And “the real architects of the tax fraud.”
Regarding the rest of the accused, Kalama points out that they were alleged to have vowed themselves Establishing companies and buying and selling shares between them“To attract and coordinate with insolvent directors, prepare invoices, set up bank accounts” or act as a front.
“Market monopoly”
The judge points out that “the value-added tax amounts resulting from the operations did not enter the public treasury.” Derived from hydrocarbon sales Corresponding to the years 2021 to 2024, both amounting to 194,141,486.50 euros.
In doing so, he continues, those investigated had achieved “a greater profit in their commercial sales, as well as a monopoly of the market by eliminating, at least in part, competition from third parties unable to offer an equal or lower price, as the goods were sold below cost.”
Members of the alleged criminal conspiracy “established Tier 1 machinery companies,” Calama explains. Among them, there will be R5 Energy Energy and Omega Fuel “As suppliers, they are responsible for getting hydrocarbons into the financial warehouse with special taxes under the VAT suspension and exemption system,” he points out.
The judge explains that they then extracted money from that financial deposit, paid special taxes, But VAT fraud “Through the intervention of other second-tier machinery companies, which act as marketers.”
“The latter’s task was to transfer the purchased product to the final customer, simulating real sales with false invoices in order to hide the fraud,” the judge notes.
Open a separate piece on alleged money laundering
Regarding money laundering, the coach decided to open a separate section For a separate trial for this crime“, since the matter requires a more detailed investigation, “which makes it necessary to issue several judicial letters, which will inevitably delay the course of the investigation,” the order stated.
Likewise, it brings the main case to two defendants, although it cautions against this Both can be investigated In the money laundering piece.
The judge who opened this case in July 2024 after a complaint from the Anti-Corruption Public Prosecution, explained in his decision that the process launched by the people who were investigated “aims to avoid the entry of the value-added tax generated from the marketing of fuel into the public treasury.”
It should be noted that the National Court is, in addition, investigating several cases of alleged fraud in the VAT on hydrocarbons.such as those committed by Villafuel With which the alleged perpetrator of the “Koldo case”, Victor de Aldama, is accused.