The defendants in theJesuman casethey presented this Monday newdocumentationwith the objective that this one contributes to prove itsinnocencein the supposed plot of fraud to suppliers. The contribution of new reports by the defenses motivated the suspension of the first day of the trial earlier than planned for the relevant study of the same by the different parties and, therefore, theInterrogation delaysto thedefendants.
The brothers Juan Jesús, José Manuel and José Ignacio Hernández Pérez -children of the Jesuman Group founder, Jesús Hernández Guzmán- and Iván Hernández Perera -descendant of José Manuel and nephew of the other two investigated- sat in thedockof the accused. The Office of the Public Prosecutor attributes to them the authorship, as necessary authors or cooperators, of crimes of fraud, of aggravated fraud and of lifting of assets in the expansion of the business in Gran Canaria through, mainly, the Cerca supermarkets.
The Public Ministry maintains in its indictment that those investigated by this plot of alleged fraud used the entity 2021 Alimentcanarias, constituted in the year 2000 by José Manuel -owner of 99% of the shares- and Iván -designated as sole administrator and owner of 1% of the shares-, to expand its business, already consolidated in Tenerife with several brands such as Tu Trébol, Alteza or La Hucha.
For the expansion, as detailed in the letter, they also created more than forty "instrumental societies". That expansion was undertaken, according to the Public Prosecutor's Office, "with unequivocal spirit to obtain an illicit patrimonial enrichment and without any economic risk". The prosecutor asks for each brother 12 years in prison and another 17 for Ivan. The defendants also face fines ranging between 43,000 and 63,000 euros, as well as to pay as civil liability the thirteen million euros owed to their suppliers in Gran Canaria, the complainants of the alleged case of fraud.
At the oral hearing, held in the Second Section of theProvincial Courtof Las Palmas, the beginning of the interrogation of the four defendants was scheduled. Due to the presentation of new expert reports -relative, one of them, to the sale of shares between Comercial Jesuman and 2021 Alimentcanarias- and other types of documents, such as a maximum mortgage deed and others related to an open criminal procedure in Tenerife , the Chamber, chaired by Pilar Parejo, decided to postpone its start to this Tuesday. Tomorrow, if there are no more changes, the beginning of the witnesses will take place.
The trial, which started just over an hour late, began with the previous issues in which a part of the accusation requested that the Chamber call to declare the alleged tax representative of Iván Hernández and 2021 Alimentcanarias, as well as the inadmissibility of the documentation provided at the last minute by the defenses for considering it, on the one hand, "useless", and, on the other, for understanding that it only evidences the "bad relationship" between the brothers. Not in vain, each defendant goes to the trial, which in principle will last two weeks, with his own lawyer. Prosecutor Tomás Fernández is one of the thirteen accusations filed at the trial, promoted almost all by the suppliers with whom the defendants have not paid their debts.
The facts analyzed are located in 2005, when 2021 Alimentcanarias made a capital increase subscribed to 100% by Comercial Jesuman, which disbursed an amount a little over three million and for which it took out 4,992 shares, equivalent to 96, 15% of its social capital. As of 2006, according to the Prosecutor's Office in its indictment, the defendants consummated "the initial plan" by progressively abandoning their activity in Gran Canaria, "obtaining the maximum benefit" from the providers by avoiding, as he points out, the payment of the amounts owed, whether through the failure to pay the same, the payment through promissory notes attached to current accounts without funds or with the transfer to Comercial Jesuman of the last income that the "waning" activity in Gran Canaria still generated.
The prosecutor maintains that those investigated, on an indeterminate date between 2007 and the beginning of 2009, "fabricated in a spurious manner" and "with the appearance of plausibility" a repurchase agreement for the 4,992 shares mentioned above, "in an alleged treasury stock transaction. "for 2.7 million to Comercial Jesumán in order to disassociate themselves from 2021 Alimentcanarias in a" torticera "way.