The judge of the National Court Santiago Pedraz has filed this Wednesday the investigation for money laundering and tax crimes opened in April 2016 on the exbanquero Mario Conde and his two sons, among other people of his confidence, for alleged maneuvers to bring to Spain 14.1 million euros hidden in various tax havens, a decision that EL PAÍS already pointed a week ago. The Prosecutor's Office considered that this money was part of the booty obtained by Count from his time in Banesto and that he had to reimburse the entity for the sentences of the Argentia Trust and Banesto cases, in which joint indemnities of 26.05 were imposed. millions of euros. Of this amount, Conde has only returned 11.95 million.
The magistrate, after receiving reports from experts of the Tax Agency, considers that the origin of the funds that Conde kept in various Swiss accounts is "previous" to Banesto and is not related to the extinct bank, which led between 1987 and December 1993. In particular, they come from income generated between 1980 and 1985 by the sale of the pharmaceutical company Antibióticos SA to the Italian multinational Montedison and by a real estate investment in London, which it maintained between 1994 and 2010.
In the complaint of 2016, the prosecution charged Mario Conde with directing a group of people composed of relatives, employees, friends and allies who, during the last 17 years, allegedly managed to place, conceal and repatriate amounts of illicit origin. According to the prosecutor, with these tortuous operations, on behalf of third parties, it would prevent the confiscation of properties that were to be executed after the two convictions against the former banker, for the Banesto and Argentia Trust cases. The Public Prosecutor's Office attributed eight crimes against the Public Treasury in relation to defrauded Company Tax payments for the years not prescribed for the years 2011 to 2013 of the companies Barnacla, Black Royal OAK and Oleificio Español SA.
Judge Pedraz points out that "neither can the commission of any crime against the Public Treasury be assessed." On the one hand, the documentation sent by Switzerland can not be used to prosecute tax crimes, according to the Swiss laws. In addition, in those exercises not prescribed, the experts of the Tax Agency point out that the fees defrauded do not reach 120,000 euros each year, a threshold in which tax fraud becomes a crime. In addition, notes the file order, "in many cases there were losses in a way that would not generate a tax fee."