The new term is “non-extendable” and if the guarantees themselves are not accompanied, the seizures will be carried out.
BARCELONA, 22 Jul. (EUROPA PRESS) –
A total of 29 of the 34 independence leaders to whom the Court of Auditors claims a guarantee of 5.4 million euros for the foreign action of the Generalitat carried out between 2011 and 2017 have presented this Thursday “announcement” that they will be accepted to the endorsement of the Catalan Institute of Finance (ICE), while the accounting body has granted them 48 hours to accompany the documentation so far provided by the endorsements themselves. After this non-extendable period, the instructor warns that, if the deposits are not formalized, they will be seized.
For the moment, the investigating delegate has been looking at the documentation received, which refers to four investigated persons who have presented guarantees and properties detached from the Generalitat fund and also to others who would benefit from the ICF’s endorsement. Regarding the latter, sources from the Court of Auditors have indicated in a statement that the documents provided “constitute an announcement” but that they have not been accompanied by the guarantees according to what is established in article 517 of Law 1/2000 of January 7 , of Civil Procedure.
For this reason, it has issued an order notifying the legal representatives of the former senior officials affected by this file that a non-extendable period of two days is granted for their presentation.
The warning is added that if they have not been received on that date, in accordance with article 47.1 g) of the Law on the Operation of this Court of Accounts, the assets of the alleged perpetrators will be seized.
“The guarantees have already been formalized before a notary and the lawyers of the defendants send them to the Court of Accounts,” explained sources from the Ministry of Economy of the Generalitat, whose head, Jaume Giró, decided on Wednesday that The guarantee would be borne by the ICF with the counter guarantee of a Generalitat fund endowed with 10 million euros – a decision that it had ruled out on Tuesday.
No seizure order has been initiated for the moment, as reported by this body through a statement, despite the fact that at 00.00 hours this Thursday the initial period given to the 34 affected by this file concluded to deposit the aforementioned amount together. .
Regarding the fact of the admission or not of endorsement of the Generalitat Fund, the Court of Auditors simply indicates in its note that “it will be settled when appropriate”.
For the 29 defendants who have availed themselves of the ICF endorsement, an individual endorsement has been formalized for each of them, the same sources specify, noting that their lawyers have reported it to the court. In addition, they specify that the individualized guarantees have been presented to the court through a telematic platform.
As four of the defendants had presented guarantees on their own – two of them had deposited bonds and another two had presented real estate – the amount for which the ICF guarantees does not reach the 5.4 million euros that the court claims but it is close, since what is presented by those four that have not availed themselves of the ICF endorsement is a smaller amount.
Likewise, the Court of Auditors has clarified that when the investigating delegate issues a seizure order, this does not mean that, if it occurs after the period stipulated for the guarantee, it will not accept a guarantee or deposits. This means that, after studying them, you can accept them and not finally execute the embargo on those affected by the file.
It adds that both the bonds and the seizures are precautionary measures until there is a final judgment, that is, they do not imply that the affected person loses the assets immediately. Its objective is to guarantee that in a future conviction the damages that have occurred in public funds are reimbursed.
As established by the Law on the Operation of the Court of Accounts, if the defenses do not pay the corresponding security, the assets of those involved will be seized until the amounts claimed as precautionary are covered.
According to the provisional liquidation act, to which Europa Press has had access, the Court of Auditors claims 34 former charges for individual amounts for specific concepts that they approved when they were in their respective positions in the Government.
The largest sum is attributed to the former secretary of Diplocat Albert Royo, who is held responsible for 3.6 million; It is followed by the former auditor of the Generalitat Mireia Vidal, for 3.1 million; the former Minister of the Presidency Francesc Homs, for 2.9 million; former president Artur Mas for 2.8 million; and the former Minister of Economy Andreu Mas-Colell for 2.7 million.
In the case of Raül Romeva, one of the nine pardoned by the Government, the figure reaches 2.1 million euros; Junqueras – also benefited by the grace measure – has an accounting responsibility of 1.9 million, like Puigdemont.
Although individual amounts are claimed from each, all of them must respond to the total of 5.4 million in solidarity.