Alaya says there was a “unfairness” in the distribution of … – The País.com (Spain)

Alaya says there was a "unfairness" in the distribution of … – The País.com (Spain)

Manuel Chaves and José Antonio Viera, last April in Congress. / Uly Martin

Companies of Sierra Norte de Sevilla, accounted for over 61% of aid from the bottom of the ERE, while the other Andalusian provinces just saw these subsidies. It is the conclusion reached by the trial judge Mercedes Alaya, who also put the focus of their instruction in the geographical distribution of the allegedly infringing aid.

For the rationale that sent the Court Supreme to decide where should continue this long research, maintains that the “great discretion” in the distribution of aid granted by the Board caused a “significant unfairness” among the provinces, led by the alleged relationship exconsejero Employment Jose Antonio Viera with employers in the Sierra Norte of Seville. The judge is supported by a report of the Board in which detailed that between 2001 and 2009, Sevilla captured 184 aid from the 15 Cadiz (the second in the list).

The Sierra Norte garnered 60% of aid to companies

Alaya said that companies in the Sierra Norte received 30.9 million compared to 24.9 million for the rest of Andalusian companies. One of the first, he led the accused Rosendo José Enrique and Jose Maria Resume, came to receive 16.9 million. According to the Civil Guard, the region accounted for 61% of direct subsidies. But this goes beyond unfairness. Well in the “process”

According to the judge, aids companies in northwest and south of Jaén “requiring compliance with all formalities,” while for the Sierra Norte “non-existent application, or documentation, or assessment, or proposal, or control.” And all this, as Alaya, the “personal relationship” with both of these entrepreneurs as the CEO Viera Working Javier Guerrero (designated as the head of the fraud), natural and former mayor of El Pedroso, one of the municipalities that region

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Fraud in figures

• The Alaya judge diversion figure at 855 million euros, corresponding to 66 Overrides paid to mediators. The cause sum 201 defendants, including nine gauged.
• During the stage of José Antonio Viera in the Department of Employment, the Board granted 255.6 million in social and labor support and 53 million in direct aid. In those four years, Overrides reached 36 million. Over 5.4 million was also paid in bills advising companies.
• Between 2004 and 2010, Jobs gave 364.8 million euros in aid and social and labor 19.6 million in direct aid to companies . Regarding Overrides were 29.8 million.
• Diversion in the years of Manuel Recio exconsejero (2010-2012) was 54 million euros, mostly for subsidies (52.7 million).
• As for the budget to increase the credit transfers funding for stage Viera accounted for 125.1 million euros modifications and, in Fernandez, 125.6 million euros.
• In the distribution of direct payments, the companies in the Sierra Norte de Sevilla accumulated 30.9 million compared to 24.9 million for the other Andalusian provinces. During those years, Sevilla captured 184 grants, compared to 15 in Cadiz, 14 Huelva, Jaen 13, 12, Córdoba, Málaga 11, six and four Granada Almeria.

Alaya analyzes led performances, for a decade, by the respective Board of Employment, in particular, and by the Andalusian government, in general, to create and maintain a “specific procedure” allowed subsidization through a “clearly inadequate budget item.” Alaya figure at 855 million diversion of funds, mainly in the stage of the former directors José Antonio Viera (317.2 million) and Antonio Fernández (385.2 million).

Alaya says in his statement that Viera, who served between 2000 and 2004, characterized by sharing, “in strict freest” of public funds for the benefit of others “a long period of ten years is inaugurated” – “people close to the unions, the Board or the Andalusian PSOE “-. Among the beneficiaries, the judge emphasized the “very high” number of direct aid to firms in the Sierra Norte.

But this unfairness continued even after the arrival exconsejero Employment Antonio Fernández ( in office between 2004 and 2010). According Alaya, and based on the statements of Guerrero, Viera instructed the new team “complete the planning of grants” to various companies in the Sierra Norte. Judge Fernandez qualifies as the stage of “absolute continuity”. Thus it continued to feed companies like Angel Rodriguez of Borbolla, former mayor of Constantina (Sevilla) and brother of Andalusian president José Rodríguez de la Borbolla, which received more than nine million euros, of which four ., 8 were granted at the stage of Viera as director

In both the stage Viera as in Fernandez, Alaya highlights the embezzlement occurred through Overrides charged by mediators – “which set the commission above the market average” – which amounts to 66.1 million Alaya. According to the judge, at the time of Viera payment of these payments was “significantly fruitful”, exceeding 36 million. The judge lists up to 16 policies, and highlights two of the Pyrite Belt Association of Huelva, in the Overrides amounted to 10.5 and 5.09 million, respectively. At the stage of Fernández, the amount was 29.8 million

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The judge attributed the imbalance to relations personnel involved

As has advocated from the outset, Alaya maintained in the document sent to the Supreme divide the cause in a process for every help cause a “judicial chaos” conflicting judgments and a breach of legal certainty. With this argument, the judge only open two routes: the Supreme assume full cause and not just the portion of the volumetric or to return the case to that conclusion herself. Yes, once completed, would refer to the Supreme for this research the role of politicians marked with jurisdiction.

Alaya held in writing that the division of the case, “far from expediting, rise exponentially the difficulties of handling of the case, making it impossible. ” This is based on the alleged offenses are continuing basis, for over ten years, “under the advertised purpose of social peace, according to a discretionary policy favors”, “a reality to be masked political campaigning continued over time. “

The judge says to open a piece for each of the 200 aid under suspicion would be” clearly detrimental “to some officials gauged, as former presidents Manuel Chaves and José Antonio Griñán , which may be imposed “penalties as many trials to be held.”