Tuesday, August 9

The Prosecutor’s Office decided to exonerate the King Emeritus without having received all the Swiss documentation


The Prosecutor’s Office plans archive the three investigation proceedings which has the emeritus king Juan Carlos I open. The decision has been made without having thoroughly analyzed the information on possible criminal movements abroad that is still pending to know of the requests sent to Switzerland and other countries, as revealed by sources in the case to The Newspaper of Spain These sources indicate that, as of today, when the decision to file has already been foreseen, not all the requested documentation has yet been received.

This detail acquires special importance after being known, without having been denied by the State Attorney General’s Office commanded by Dolores Delgado, who in thehe next weeks a decree on file will be issued that will put an end to the investigations and will close the door for this matter to reach the Criminal Chamber of the Supreme court. And all despite the fact that the documents claiming information from other countries spoke of up to four crimes: money laundering, against public finances, bribery and influence peddling.

Among other reasons, it is adduced to justify the future file that some of the alleged crimes attributed to the former monarch would have occurred when Juan Carlos I he was criminally irresponsible before his abdication in 2014; that others would have prescribed and that there is a lack of evidentiary weight to which two tax regularizations have been added for about 5 million euros that close the door to attribute the commission of tax crimes.

Visit of the Geneva prosecutor

Last july the chief prosecutor of Geneva, Yves Bertossa, who is conducting an investigation into the activities of the King Emeritus in Switzerland, visited Spain to hold a meeting with the Supreme Court prosecutors in charge of the investigations. Nothing transcended the meeting, but it did not serve to speed up collaboration between both prosecution offices, because the Spanish authorities have not received the information that the Swiss Justice has been able to collect after the statements of the accused.

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Bertossa opened the investigation after the recordings of Commissioner José Manuel Villarejo were made public in Spain in which Corinna Larsen claimed that Juan Carlos I had charged a commission in exchange for reducing the offer made by a consortium of Spanish businessmen for the construction of the AVE by 30% between the Saudi cities of Mecca and Medina.

The prosecutor tried to confirm whether the 64.8 million euros ($ 100 million) that the emeritus collected in 2012 through the Panamanian Lucum foundation was a bribe in exchange for allegedly illegal efforts. However, the proceedings that Bertossa has carried out have not confirmed those suspicions. Because He changed the meaning of his investigations, forgetting Juan Carlos I and now directing them against the Monarchy of Saudi Arabia, as reported by the Swiss press.

Suspicious regularizations

With respect to the aforementioned regularizations with the Treasury, the Delgado stated in March in parliament that thanks to the investigation that the Supreme Prosecutor’s Office was conducting on the emeritus had “surfaced an important and unimaginable quantity at the beginning of the money research, money from the public coffers, five million or more euros, which belongs to all the Spanish“.

He was referring to the aforementioned two regularizations in the Treasury carried out so far by Juan Carlos I, for a total of 678,393.72 at the end of 2020 and another 4,395,901.96 euros last February, respectively. The first for what he would have stopped paying in taxes corresponding to the years 2016, 2017, 2018 and the second for the 8 million euros that Juan Carlos I received during several years on flights from a private jet company paid until 2018 by the Zagatka Foundation, owned by his distant cousin Álvaro de Orleans.

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These statements, as published a few days ago The Spanish, could be possible because el team of prosecutors of the High Court who were investigating the emeritus had notified the former monarch’s lawyer that ‘clues’ had been revealed against your client. The number of the three open investigation proceedings was also indicated, but without specifying any other information.

The importance of this notification derives from what is stated in the Article 305.4 of the Penal Code, which expressly says that the tax situation will be considered regularized when the full recognition and payment of the debt has been carried out tax, “before the Public Prosecutor, the State Attorney or the procedural representative of the autonomous, provincial or local Administration in question, files a complaint or complaint against the person directed, or before the Public Prosecutor or the Judge of Instruction carry out actions that allow them to have formal knowledge of the initiation of proceedings “.

It is the last part of the article, relative to “actions” that allow having formal knowledge of the proceedings. It is the aspect that, after consulting the Ministry of Finance, the Prosecutor’s Office has had to assess to accept the regularizations as good or not in order to annul the alleged tax offense.

Three investigations to the emeritus

At the Supreme Court Prosecutor’s Office, three investigation procedures are being followed up to now on the suspicious activities of the emeritus.

The first of them, the one mentioned about the Saudi AVE, on which Delgado herself announced her file last September. It focuses on the activities of the emeritus while he was Head of State and therefore inviolable according to the Spanish Constitution.

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The second line of open investigation analyzes the payment of up to 800,000 euros in credit cards in the name of Air Force Colonel Nicolás Murga, who acted as the monarch’s straw man. Also here the emeritus made a payment to avoid being accused of a crime against the Public Treasury.

The investigations have also remained in force after Juan Carlos I regularized with the Treasury the travel expenses paid by his cousin Álvaro de Orleans with the Zagatka Foundation.

The third cause refers to Bank movements of accounts that were destined for the British Island of Jersey. The Public Prosecutor’s Office opened its investigation after receiving a “financial intelligence” report from the Laundering Prevention Service (Sepblac) that pointed out that the former monarch could be the beneficiary of a company that was hiding almost ten million euros.


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