The judge investigating the Mediator case has expanded the crimes that the alleged corrupt plot involving former PSOE deputy Bernardo Fuentes Curbelo could have committed. At the same time, the magistrate incorporates the General State Intervention (IGAE) to the long list of organizations that are already participating in the investigation, in this case to examine the correctness of the contracts under suspicion.
In a resolution dated this Tuesday, the magistrate extends the authorization so that the Customs Surveillance Service (dependent on the Treasury) can also investigate all these crimes, not only those of bribery and influence peddling that it had initially indicated.
The head of court number 4 of Tenerife includes in her authorization other crimes that had already appeared in the summary, such as embezzlement, money laundering, belonging to a criminal organization and prevarication. But to those she now adds those of fraud, falsehood, disclosure of secrets and negotiations prohibited to officials.
“It is initially investigated,” says the judge, “the alleged commission of crimes of bribery and influence peddling by a group of people in a very limited environment, such as businessmen and public officials with the use of budget items, although the result of The investigative proceedings have revealed other public crimes such as falsehood or fraud, and mostly others related to corruption and without prejudice to further qualification, as well as those committed by officials or public officials in the exercise of their functions. .
He explains that the expansion of possible crimes is the result of the “advance” of the case “after a year of investigation.” Also, that it is necessary to analyze new documentation that while the case was secret it could not be claimed so as not to alert those investigated.
Among this documentation are the files “on subsidies in the field of agriculture and livestock”, contracts in this field or inspections by Seprona together with their minutes.
This “abundant documentation”, together with its “great complexity” leads the judge to also agree that the General State Intervention (IGAE) be incorporated into the investigation. It is the “independent and specialist” body in charge of verifying the regularity of public procurement, subsidies and files in general that the plot could have altered.
The IGAE experts that are designated will be in charge of preparing the “technical reports” that are contributed to the case on these matters.
In this way, the General Intervention is added to some proceedings in which numerous organizations already participate. This is one of the reasons that has led magistrate María de los Ángeles Lorenzo-Cáceres to ask the judiciary for a reinforcement judge.
The National Police, through the Technological Crimes group, and the Civil Guard, through the Internal Affairs Service, acted in the procedure from the beginning. To this the judge has added the Udef, specialized in financial crimes, and the Customs Surveillance Service.
He has also contacted, through the branch of European funds that contains the case, with the European Public Prosecutor’s Office and Eurojust. The judge has asked the Belgian Justice for help, through a European Investigation Order, to offer information on the patrimony of General Francisco Espinosa. The efforts reach the European Anti-Fraud Office (OLAF).
The request for collaboration in the proceedings has also reached the National Commission for Markets and Competition (CNMC), also for the examination of the investigated tenders.
The magistrate alleges the proliferation of investigators to justify her request to the CGPJ to temporarily assign a judge and an official to the court. “Since the coordination meetings that are held with the research groups (in person or online) are almost daily,” she says, adding that she must maintain “long-term telephone conversations” with the European researchers.
Regarding the meetings, he specifies that “now they have increased, since they cannot dispatch official letters in the face of continuous leaks” about the cause. To this is added that seven popular accusations have requested the appearance, to which he has indicated that they must act jointly and “that they have already filed the first seven appeals.”
Despite so much complication, the magistrate affirms that her intention is to conclude the investigation phase of the case “throughout the year 2023.”
Together with the former deputy of the PSOE, his nephew and former position in the Canarian government, Taishet Fuentes; and Marco Antonio Navarro Tacoronte (the mediator who names the case), now represented by the lawyer Rachid Mohamed. Another of those investigated is the retired Civil Guard general Francisco Espinosa Navas, who was released on Thursday by decision of the judge of the National Court José Luis Calama. The bulk of the investigation into Espinosa is carried out by the European Prosecutor’s Office, since it could affect European funds with which he would have favored a businessman. Contrary to the criteria of the two European prosecutors assigned to the case, who asked for an extension of the prison, the judge has upheld the defense arguments that there is no risk of flight or that the investigation will be hindered.
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