The Prosecutor’s Office archives the investigations into King Juan Carlos I

The Supreme Court Prosecutor’s Office has decreed theArchive of the investigative proceedings that were open on the fortune of King Emeritus Juan Carlos I. They are those related to the alleged illegal commissions for the award of the AVE to Mecca, those for the alleged use of ‘black’ cards paid for by a Mexican businessman, and the one related to the fortune that he would have hidden on the island of Jersey.

The file of the three lines comes in the form of two decrees (40/2020 and 44/2020) signed by the chief prosecutor of the Anticorruption Prosecutor, Alejandro Luzónwho took over the investigations alone after the death of the former deputy prosecutor of the Supreme Court, Juan Ignacio Campos.

As explained in the longer of the two, the object of the first line of investigation was a possible crime of corruption in business, derived from the way in which the award took place, in October 2011, of the works for the second phase of the construction of the AVE that connects the cities of Medina and Mecca (Saudi Arabia) to the Al-Shoula consortium, made up of twelve Spanish companies and two Saudis.

The relationship of that award with the income of 64.8 million euros (100 million dollars), ordered on August 8, 2008 by the then king of Saudi Arabia in the LUCUM Foundation account of which Juan Carlos I would be its real owner.

The Public Ministry indicates that in relation to the funds received in 2008 by the Panamanian foundation Lucum, in an account of the Mirabeaud bank in Geneva, quotas defrauded to the Public Treasury in the IRPF of the years 2008 to 2012 that far exceed what the Penal Code establishes as the threshold of the crime.

Remember that the possible criminal responsibility of the years 2008 to 2011 would be extinguished by the prescription of the crime. And that although the 2012 law is not prescribed, it would not be subject to criminal reproach because until June 19, 2014 it was protected by inviolability.

On the other hand, it indicates that The investigation has not been able to establish, even in an indicative way, any link between the aforementioned income of 64.8 million and the award of the AVE therefore, it cannot say that said amount is related to the payment of any commission. Thus, he points out that it would be a gift that could have been received in consideration of the status of Head of State of Juan Carlos I in 2008, and therefore could be included in the crime of bribery, although this possible crime would be clearly prescribed. .

The file decree referring to Lucum and the AVE to Mecca toIt also analyzes the possible commission of a crime of money laundering for the financial and corporate operations carried out by the emeritus between 2008 and 2012 after receiving that amount of 64.8 million euros. But the Prosecutor’s Office indicates once again that the acts likely to integrate any of the behaviors described in article 301 of the Penal Code would have ceased in 2012, a date covered by the inviolability that article 56.3 of the Constitution recognizes to the Head of State.

Donations from Sanginés

The Prosecutor’s Office maintains that between 2016 and 2019 the friend of the emeritus Allen Sanginés Krause ordered a series of transfers from bank accounts -owned directly or indirectly through the company Pretorian Prevention SA- to accounts in the name of Nicolás Murga Mendoza, a currently retired military officer, who in 2007 was appointed aide-de-camp to the Casa del Rey.

According to one of the decrees, the total amount of these transfers -which amounts to 516,606 euros- “has been allocated to the payment of private expenses of SMD Juan Carlos de Borbón y Borbón or of people related to him because they are relatives or close friends of the same”.

What’s more, Sanginés Krause ordered transfers to two other accounts for a total amount of 471,673 euros which was used to pay for trips made by the king emeritus, as well as by his relatives or close friends. The Prosecutor’s Office also points out that he paid for the health services provided in 2017 and 2018 by Juan Carlos I for a total amount of 95,365 euros.

According to prosecutors, “There is no record of compensation.” These are “unilateral acts carried out for profit” and that, therefore, “are donations that are subject to inheritance and gift tax” regulated by law. They specify that “Each donation must be declared independently of the rest.” Remember that the tax is accrued on the day on which the act or contract is caused or celebrated and that the term for filing the declaration is 30 business days.

In December 2020, the King Emeritus presented the Inheritance and Gift Tax Declaration to the Tax Agency with the following detail: cQuota to pay 556,412 euros, surcharges for 83,461 euros and default interest for 38,516 euros. He accompanied it with a letter in which he stated that the self-assessment responded “to the donations of Allen Sanginés Krause”.

It indicates that, according to the reports of the National Fraud Investigation Office, “the self-assessment is not correct” because, among other things, it applied the scale to the sum of the tax bases of all the donations instead of having settled each one of them. them applying the marginal tax rate. Hence, “enter fees higher than those that correspond.”

He assures that the donations of Sanginés and the subsequent declaration do not represent a crime against the Public Treasury. “The quota of each one of the donations is notably less than 120,000 euros, an inexcusable element of the crime against the Public Treasury, regardless of whether such amount is understood as an objective condition of punishability or as an element of the type”, point out the tax.

“Undoubted connection” with money

The third line of investigation is the one referring to hidden funds in tax havens. These investigations began on October 19, 2020 with a SEPBLAC report warning of the existence of the JRM ‘trust’, established in 2004 in Jersey by Joaquín Romero Maura for 10.2 million euros, although it pointed to “certain indications that the ultimate owner of the ‘truts’ funds could be Juan Carlos de Borbón”.

Sepblanc pointed out among those signs that the The money with which Maura created The JRM would come from the liquidation on March 9, 2004 of two other ‘trusts’ of which the former monarch “would have been a beneficiary until its dissolution”: Tartessos and Hereu, also established in Jersey in 1995 and 1997, respectively, by Manuel Jaime de Prado and Colón de Carvajal, “person very close” to the king emeritus.

Luzón affirms in its decree that the funds with which JRM was created “have an undoubted connection with whoever was the head of the Spanish State”, although at the same time it explains that “what is relevant for the purposes of this criminal investigation is to determine whether that said ‘trust’ was established in 2004 and, especially, since June 2014, it is possible to establish some link” between that money and Don Juan Carlos.

It adds, “from 2004 to 2021 there is no evidence to link The JRM 2004 Trust with Juan Carlos de Borbón, neither in his management nor in the capacity to dispose of the funds”. “At no time has he had the status of beneficiary of the ‘trust’ nor is there evidence that he has received any amount from his accounts,” he specifies.

It indicates that since the emeritus abdicated and lost his inviolability “the provisions of the JRM 2004 Trust have been in amounts that in no case would reach the quota corresponding to a crime against the Public Treasury, even when such funds had eventually been delivered to a Spanish taxpayer, something of which there is no record”.

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