Anti-money laundering refuses to deliver the report to the Madrid City Council to the judge in the mask case

The Money Laundering Prevention Service (Sepblac) of the Bank of Spain refuses to deliver to the judge the report that gave rise to the case and that pointed to the Madrid City Council in the case of masks. In a letter sent to the court, to which elDiario.es has had access, Anti-Money Laundering argues that its reports are confidential and urges the judge to invoke "expressly the legal precept that enables the request for information", picks up the Sepblac letter, to the that elDiario.es has had access to.

In the same document, the director of Sepblac, Pedro Comín, warns the judge that the law establishes that "in no case will the identity of the analysts who have participated in the preparation of the financial intelligence reports be revealed, nor will the of the employees, directors or agents who had communicated the existence of evidence to the internal control bodies of the obligated subject”, in reference to the personnel of the banking entities that alerted of the suspicions about the income of the commission agents Luis Medina and Alberto Luceño.

Adolfo Carretero's request, which had also been addressed to the Anti-Corruption Prosecutor's Office, which has the report in its possession, received an even more exhaustive response from the Public Ministry. "The report is not provided to be incorporated because it is expressly prohibited by article 46.1 of the Money Laundering Prevention Law," prosecutor Luis Rodríguez Sol wrote in his response to the instructor.

The director of Sepblac cites at all times the articles of the Law that establishes the confidential nature of his reports. Article 49.2 of Law 10/2010 includes "judicial authorities" among those that are "empowered" to receive Anti-Money Laundering reports, but adds: "The requesting authority will expressly invoke the legal precept that enables the request for information, being responsible for the regularity of the requirement”. This point is reproduced by Comín literally in his writing.

The Anti-Money Laundering report warned Anti-Corruption of the possible crimes of money laundering and embezzlement. was handed over to the prosecution in july 2020 and in November, the Public Ministry initiated investigation proceedings for the same crimes. The crime of misappropriation of public funds is only attributable to "public authority or office", so the responsibility would also be directed towards the Consistory.

Anti-corruption maintained that criterion until March 2021, but after the statement by Elena Collado, the Consistory's purchasing manager, decided that there was no evidence against the City Council and in April 2022, the day after elDiario.es revealed the existence of some secret proceedings, he filed his complaint for the crimes of fraud, forgery and money laundering.