The judge of the National Court Santiago Pedraz has agreed to the provisional dismissal of the separate piece of the 3% case in which several CDC charges were being investigated for donations to the party in small amounts with the alleged purpose of illegally financing said formation, as there was no evidence of “any indication that proves a outcropping mechanism of black money & rdquor ;.
In a car, the magistrate explains that the proceedings were opened on April 21, 2020 in order to investigate the facts “consisting of cash donations verified by people close to the CDC of funds that could constitute acts of outcropping of money from crime , with the purpose of illicitly financing the party & rdquor ;.
The instructor points out that all the requested procedures have been carried out, including the Civil Guard report in which the cash income operation linked to donations was analyzed. 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.
The explanations of the investigated have not been distorted
Pedraz indicates that those investigated declared that the donations made responded to extraordinary contributions that were requested by the CDC in their capacity as militants and, in particular, in response to the public office or institutional responsibility that some of them held as a result of the problems of treasury that they were told was undergoing training in those years. “The explanation given, with the proceedings, has not been distorted & rdquor ;, stresses the magistrate.
On the one hand, he explains, it cannot be affirmed that the donations made were intended to introduce into the economic traffic amounts from a previous illegal act. “There is no basis to affirm that the origin of the funds came from the Palau case plot, since there is no diligence to prove it & rdquor ;, he warns. For the magistrate, as some of the defenses point out, the donations made to the CDC party would be transparent, in the case of information that had already existed for years in the accounting provided to the Court of Accounts (as would also emerge from the documentation intervened at the entrance and registration practiced at the headquarters of said party in October 2015) and that would be duly documented in accordance with Organic Law 8/2007, on financing of political parties.
On the other hand, he continues, the coincidence in time between the donations made by the different investigated and the supposed income in their accounts would not serve as an indication either. Thus, as they also point out, accounting information has been analyzed in duplicate: the database intervened at the CDC headquarters by the Civil Guard (based on the Daily Book) and on the other hand the CDC accounting (based on the General Ledger ), in which the same donation appeared on slightly different dates. “This duplication of accounting sources would cause confusion. It would be an error due to the duplication of accounting sources & rdquor ;, he concludes.
The Civil Guard report does not support the alleged facts
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In relation to the Civil Guard Report, dated April 28, 2023, regarding the analysis of the cash income operation linked to donations, according to Pedraz, “the truth is that no element is followed from it that supports the alleged facts & rdquor; and it is limited to making a summary of the information that the different banking entities had provided without providing any data or reaching any conclusion that supports the continuation of these actions.
“With this, there is no evidence that proves a mechanism for the emergence of black money that was apparently delivered prior to the making of donations by those investigated to the CDC political party, nor that the money that could have been delivered to the militants had an illegal origin and even if it were, the investigated ones would have knowledge that the money delivered had an alleged origin in a previous criminal act & rdquor ;, concludes Pedraz.