A judge in Barcelona has sentenced 14 months in prison and fines amounting to 219,750 euros to David Madiformer right-hand man of Artur Mas and exalted position of Democratic Convergence (CDC) and member of the ‘general staff of the ‘procés’, as necessary cooperation in a crime against the Public Treasury and a crime of false documents for the issuance of fictitious invoices, according to the sentence, which can be appealed and to which EL PERIÓDICO has had access . The magistrate also imposes the loss for a time of the possibility of obtaining subsidies or tax incentives or Social Security. This penalty is lower than the one that corresponds for these crimes attributed to him because the togada applies the simple mitigating factor of undue delay during the investigation of the process. Since the sentence is less than two years and he does not have a criminal record, Madí will not go to prison.
The head of the Criminal Court number 1 of the Catalan capital, Luisa Balaguero, has also sentenced five other people to sentences ranging between 8 months and 14 months in prison for their participation in this invoice falsification network. Among those accused is the audiovisual producer and former manager of TV3, Oriol Carbó, who admitted the facts and was defended by the lawyer Manuel González Peeters, as well as the businessman Juan Manuel Parra, who was already sentenced for the Palau case of alleged illegal CDC funding. Parra declared in the trial for false invoices that he from Convergència and more specifically the former leader of this party and ‘exconseller’ Germa Gordo they forced him to charge for acts of the 2010 electoral campaign through the audiovisual production company Triacomwhich was managed by Carbó.
the hatched plan
The ruling states that Carbó, as administrator of the Triacom company, “has hatched a plan” to defraud the Treasury and that for your company to deduct expenses and fees from corporate tax and VAT. According to the judge, this audiovisual producer created “in concert” with the rest of the defendants, including Madí, fake bills that did not correspond to services “effectively” provided by the companies of those involved. In that group is Nubul Consulting and IKI Cat XXI, from Madí. The judicial resolution is clear: “the aforementioned plan devised by Carbó had the necessary and indispensable collaboration of the rest of the defendants, who carried out, within this previous concert“, an important role for the “consummation of fraud”.
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In this sense, the judge maintains that Madí, as administrator of IKI Kat, issued an invoice against Triacom in 2011 for an amount of €105,000plus 18,900 VAT for the briefing and campaign and of a meeting of shareholders of Gas Natural and the production of a corporate video of “Telefónica and building”, with “awareness and desire to appear to be providing services that were not executed”, but were carried out by another company. According to the sentence, this businessman acted in a similar way with another of his firms, Nubul Consultingwhich issued two generic invoices on fees against Triacom for 27,000 euros plus 4,860 VAT and 33,000 euros, plus 5,940 VAT, which “do not correspond to services” provided in 2011.
The judge highlights the “lack of infrastructure” of Nubul, which was reduced to Madí and his wife and the lack of documentary justification of the services theoretically provided. About IKI Kat highlights that the Gas Natural shareholders’ meeting was held in April 2011, months before the Madí company was incorporated and, therefore, it was unable to carry out the work or invoice it.