Iván Hernández was an instrument of his uncle José Ignacio. That was the argument put forward by the defense of the main defendant of the CaseJesuman, on the last day of the trial that was seen for sentencing, with the acquittal of one of the accused, Juan Jesús Hernández. The brothers José Manuel and José Ignacio Hernández Pérez -children of the founder ofJesuma Groupn, Jesús Hernández Guzmán - and Iván Hernández Perera - descendant of José Manuel - face, as necessary authors or cooperators, the crimes offraud, of aggravated fraud and the lifting of assets in the expansion of the business in Gran Canaria, mainly through supermarketsNear.
In the final plea, the defense attorney ofIván Hernándezstated that the defendant has always recognized thedebtgenerated by its activity in front of the food chain, but can not confirm the amounts, since the documentation disappeared because the ship in which they were suffered a fire. In addition, in an attempt to point José Ignacio to guilt and exculpate his client, the lawyer questioned which of the defendants had "the ability to do financial engineering".
The defense assured that, in a first stage of his professional career at the head of Cerca, Ivan asked his employees to follow the instructions of José Ignacio, who acted as a counselor, because he had no knowledge in the food sector. But, as of March 25, 2005, following the capital increase of shares of 2021 Alimentcanarias - parent company ofNear- those councils became orders, because Jesuman became the main shareholder, although Iván continued being the only administrator.
According to the defense, when the defaults began to take place, between 2006 and 2007, Iván Hernández used the profits of his successful companies to take over the payments. With respect to the creation of about 60 companies to manage the food chain, the defense attorney argued that this was a common formula to compartmentalize the risk.
Similarly, exercising their right to the last word, the supermarkets manager apologized to the suppliers for the debt and the damages that may have caused them and said that, within its means, will try to pay as soon as possible.
The lawyer in charge of the defense of José Manuel Hernández, who asked for the acquittal of his client, assured that the defendant did not perform any act of administration in any of the societies and that the only thing that was proven is that it was he who carried out the initial investment to start the company 2021 Alimentcanarias.
During his speech José Manuel was surprised because he received support from the Jesuman defense team, when he at the time of the events being judged was part of the company. In addition, he claimed not to understand how he was still in the dock and his brother Juan Jesus had been acquitted.
On the other hand, the defense lawyer of José Ignacio Hernández, for whom he requested the acquittal, stressed that all the failed companies have as a common element that Iván Hernández was their sole administrator. And he pointed out that it will be very difficult to prove that José Ignacio participated in the contraction of the debt. Likewise, the defense argued that a "joint and several liability" was being requested and that it was being overlooked that each society must take responsibility for its legal responsibilities.
The Prosecutor's Office maintains that the brothers José Manuel and José Ignacio Hernández Pérez -members of the Board of Directors of Jesuman during the date of the events under investigation- and Iván Hernández Perera decided to expand their food business, already consolidated in Tenerife, "with unequivocal spirit of obtaining an illicit patrimonial enrichment "at the expense of the majority of its suppliers in Gran Canaria. For each brother he asks for 12 years in prison while for Ivan he requests 17 years in prison.