UGT-Canarias argues that the indictment against the 26 ex-directors of the union and of the Canarian Foundation for Social Development (Fundescan) is based on an "erroneous" interpretation of the regulations governing subsidies for the training of workers. UGT, which also appears among the defendants as civil liability subsidiary of the possible crimes of fraud and defraud of subsidies to which the 26 defendants face, argues that the part of public aid that did not transfer to Fundescan, which was in charge of to administer the courses, it was used to pay for "management, dissemination and justification" of the subsidies received. A total of practically 872,000 euros that according to the judicial decision – provisional but that is dictated when there are rational signs of criminality? they were used, instead, to "cover UGT-Canarias expenses totally unrelated to the training courses".
The indictment of the Court of Instruction number 4 of Las Palmas de Gran Canaria, issued on February 28, opens the ten-day period for the formalization of the indictments and is the first and unavoidable step for the subsequent opening of the trial oral. The investigating judge writes the car when there are rational signs of crime, indications that, according to UGT, have no basis. At least in part. "The resolution issued by the court is based on an erroneous interpretation of the regulations governing subsidies for the training of workers," says the union.
Starting from this premise, the General Secretary of the UGT-Canary Islands, Gustavo Santana, not only announced that the union will file an appeal against the decision of the court – in this case a remedy of reform, which is the one that can be opposed against any order of a Judge ?, but, in addition, asserted that UGT "fulfilled all the rules established within the framework of the law and the resolutions of the Canary Employment Service". "We are convinced that there is no criminal offense," he added.
It must be remembered that, on the contrary, the indictment is forceful in arguing that the union appropriated part of the subsidies it received from theGovernment of the Canary Islandsfor the training of workers. About 872,000 euros that UGT claims to have used, "within the established limits", for expenses of "management, disclosure and justification" and that, according to the court order, were used, instead, for union expenses that had nothing to do for the purpose of subsidies, that is, the training of workers. In one of the cases, the indictment reads, "under the false excuse that said amount would be used to cover the costs of administrative support, management and control of the courses", when these activities really "were going to be and were developed, in fact, by Fundescan. "
Anyway, and although in the resolution it is argued that the union should transfer to the foundation the full amount of the public money it received? Was the UGT itself asking for permission from the Government so that Fundescan could give the courses? this lacks, in the union's opinion, a foundation. "In our opinion," UGT argues, it is not based "on any legal provision." "And in any case, and of course, without this constituting a criminal offense," he continued. Gustavo Santana explained that all courses were taught "to the full satisfaction" of the recipients "without that there has been any objection on the part of the Administration".
The one of those 872,000 euros is not, however, the only possible illicit use of public money for which the former directors of UGT-Canarias and Fundescan are imputed.