June 17, 2021

National Court Confirms The Indications To Try Pujols For Criminal Organization

4 min read

The Criminal Chamber of the National Court has confirmed the order with which Judge José de La Mata proposed to try the members of the Pujol family for crimes of criminal organization or illicit association, money laundering, crime against the Public Treasury and falsehood documentary, in the case of corruption to which it gives its name.

The court considers that there are sufficient indications that the organization allegedly constituted by the Pujol Ferrusola couple and their children took advantage of the responsibility of the patriarch at the head of the Generalitat to ” obtain significant economic returns , which were entered into bank accounts abroad. and subjected to various movements and transmissions, to hide their illicit origin ”.

The Third Criminal Section fully confirms the order that concluded the investigation, with the exception of what it attributed to the businessman Carlos Sumarroca Coixet, for whom the file of the proceedings is agreed, and the ex-wife of the first-born of the President of the Generalitat , Mercé Gironés, to whom two crimes against public finances are withdrawn.

These cars were those that the Anticorruption Prosecutor’s Office expected to present, as established, its qualification document in which it will request the opening of an oral trial and will request a specific penalty for each of the Pujol.

In the case of the wife of the former Catalan president, Marta Ferrusola , the defense has provided forensic reports that would prove that she suffers from Alzheimer’s and would prevent her trial.

The court confirms the competence of the National Court to be able to judge them, because the nuclear acts were carried out abroad, especially in Andorra , through the movement of cash funds from various accounts, owned by various members of the Pujol family. or foundations it controlled.

And in terms of classifying the facts as an illicit association or criminal organization, the Chamber confirms that the contested resolution reports a clearly concerted action by all members of the Pujol family consisting of the simultaneous opening and closing of bank accounts abroad, as well as as well as movements of funds between them , which incidentally obeys a strategy aimed at concealing their origin and that the car connects with certain illicit operations that resulted in certain resolutions of the Catalan administration.

A role for each member
“It is a series of actions, prolonged in time, of all the members of the investigated family, which the order supports on the corresponding evidence extracted from the investigative work, also determining the respective roles assumed by each member , in the Provisional plan of this procedural phase “, explains the order.

It adds “that we are faced with an illicit association initially and a criminal organization later” (which is due to the corresponding legislative amendment) “and not with mere participants for profit, as the other members of the family are described in the appeal. , with respect to the allegedly lawful action of Jordi Pujol Ferrusola ”, which is attributed the management of the family assets that he claims to have inherited from his grandfather Florenci Pujol between 1992 and 2000, with a liquidation operation in 2004.

The court indicates that De la Mata’s order describes “a series of actions by the organization, presumably made up of the appellants, intended to guide various administrative resolutions in a certain direction, taking advantage of the position of Pujol Soley at the head of the Catalan administration , the result from which important economic returns were obtained, which were entered into bank accounts abroad and subjected to various movements and transfers, to hide their illicit origin.

Unique changes
In the case of Mercé Gironés, the Chamber considers his appeal only to agree to the provisional dismissal of crimes against the Public Treasury for personal income tax for the years 2008 and 2009, confirming the rest of the crimes attributed to him by the judge de la Mata in the car of pass to abbreviated procedure.

In relation to the businessmen, the court confirms the accusations, except in the case of Carlos Sumarroca Coixet, for whom the case is archived, as requested by the Prosecutor’s Office, since no evidence of his participation in the events that was brought against him has been established they charged with their son.

In the proceedings relating to the rest of the investigated businessmen, the magistrates explain that these people had relationships with one or more members of the Pujol family and other people and acted, according to the Chamber, in a concerted manner, with diversification of functions and also with interventions of different intensities, frequencies and levels, “product of which economic returns were generated, which the resolution connects with the influence of family members to guide certain resolutions of the Catalan autonomous administration, returns that, in turn, were the object of operations of transformation and movements of various kinds, in order to hide their illicit origin ”.

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