Las Palmas Prosecutor's Office requests 3 years in prison for the businessman linked to 'Mediator' for works for the Civil Guard

La Benemérita pointed out irregularities in works awarded for 3.3 million to this same builder

LAS PALMAS DE GRAN CANARIA, 9 Mar. (EUROPA PRESS) -

The Las Palmas Prosecutor's Office has formulated an indictment to the Investigating Court Number 4 of Arrecife (Lanzarote) against the businessman from the island Ángel Ramón Tejera de León, known as 'Mon' in the 'Mediator' case, for an alleged crime against the public treasury in the framework of some works carried out for the Civil Guard with the entity 'Angrasurcor S.L.' and that would raise the amount defrauded to 162,171.68 euros.

For this reason, he requests a sentence of three years in prison and a fine of 488,015.04 euros, as well as the loss of the right to obtain subsidies or public aid and the right to enjoy tax or Social Security benefits or incentives for a period of four years. , according to the letter of the Prosecutor's Office to which Europa Press has had access.

Within the framework of civil liability, the Prosecutor's Office requests that the entity compensate the Tax Agency in the amount of 162,171.68 euros, which is the amount of the tax debt.

All this on the understanding that the businessman, in his capacity as sole administrator of 'Angrasurcor S.L.', filed a declaration for the corporate tax corresponding to the year 2016 "omitting in the same income that the commercial entity had obtained" and "including as deductible expenses that in no way can they have such consideration" because they are of consumption of a personal nature or of the accused.

Therefore, the Prosecutor's Office qualifies that "not" they are related to the economic activity carried out by the entity and these are expenses that "do not respond to any service and have not been justified."

This way of presenting the declaration allowed the employer to "considerably reduce" the tax base for the declared period and with it the amount due to the Tax Agency, which supposes an "obvious damage to the public treasury".

The company 'Angrasurcor S.L.' It was incorporated on December 26, 2013 with the corporate purpose of carrying out renovation and waterproofing work, being registered with Tax on Economic Activities 'Complete construction, repair and conservation'.

In this sense, the declaration presented for the corporate tax of the year 2016 had a quota for the amount of 68,017.52 euros, however, as regards the income received and not declared, they amount to the amount of 14,500 euros but this "origin has not been documented accredited", being accounted for as cash movements to banks and "proceeding an increase in the declared tax base of the financial year 2016 for said amount".

However, the Prosecutor's Office highlights as the "most important" section due to its amount that related to the expenses that were included by the taxpayer in its self-assessment as deductibles and that, it emphasizes, "in no way can they have such consideration."

Thus, it indicates the amounts that had been accounted for and deducted, considered as 728,254.58 euros in supplies, 86,122.55 euros in personnel expenses, 35,918.26 euros in other operating expenses, 388.19 euros in amortization of fixed assets, 1,432, 90 euros in other results and 92.03 euros in financial expenses.

Regarding the provisioning expenses (728,254.58 euros), the Prosecutor's Office points out that "the amount of 392,781.34 euros collected in the merchandise purchase account is not considered as such, since the representative of the taxpayer was required to provide supporting documentation for such acquisitions as well as their payment, a requirement that was not met".

It adds that since the reality of these expenses has not been proven, "they cannot be considered deductibles", as is the case with the amount included in the account for work carried out for other companies, for which "only" justification has been provided. for a "very small part" that amounts to 6,312.93 euros, while the rest that adds up to the amount of 235,028.86 euros have not been justified.

It also emphasizes that "not only has the existence of the expenses not been justified, nor has the payment thereof been justified", since it points out that the provisions made respond to personal expenses and not to the needs of the economic activity carried out by the company.

Regarding operating expenses (86,122.55 euros), it indicates that the amount of 2,575.53 euros "covered in the insurance premium account" is not considered deductible and responds to expenses for medical, vehicle and savings insurance " not affected by the development of economic activity".

Nor does the Prosecutor's Office consider deductible the expenses amounting to 3,801.01 euros collected in the meals and stays account, as well as in the travel and travel account to respond to payments for stays of the defendant and administrator of the entity in unrelated luxury hotels with the economic activity of the entity.

Thus, it is understood that it is appropriate to include in the tax base the undeclared income for an amount of 14,500 euros and the elimination of expenses unduly deducted for a total amount of 634,186.74 euros, reinstated the tax base shows a fee owed, hidden and not paid to the Tax Agency of 162,171.68 euros, with the consequent damage to the public treasury.

It should be remembered that, apart from this case, 'Mon' is one of the businessmen who appears in the summary of the 'Mediator case', whose main defendants are former socialist deputy Juan Bernardo Fuentes Curbelo and the Civil Guard general Francisco Thorny.

In addition, a report prepared by Internal Affairs of the Civil Guard, to which Europa Press has had access, reveals that between 2008 and 2019 thirteen territorial units of this body awarded works to companies managed by Tejera de León worth more than 3.3 million euros, and that despite being recorded as finished some of them were not executed or were partially carried out, "which could constitute the crimes of falsifying an official document, falsifying a commercial document and embezzlement".

This report was sent on January 24, 2020 to the Investigating Court Number 2 of Ávila, where these alleged irregularities in the contracting of works for Civil Guard barracks in many provinces were investigated before it was inhibited in favor of the Court of Instruction number 3 of Madrid, where the case is now located.