Two ex-high-ranking PSOE officials convicted, including a former adviser to Manuel Chaves and after José Antonio Griñán, millionaire compensation and the occasional acquittal. The second sentence of the macro-cause of the ERE could be summarized in the conviction of Antonio Fernández, former Employment Counselor, and former General Director of Labor Juan Márquez, guilty of prevarication and falsehood for the aid granted to an olive company, Acyco, in 2003 in a totally arbitrary manner and bypassing all controls and legal precepts.
But, beyond that, the resolution of the Provincial Court of Seville is a depth charge – another- for the PSOE at a time when it aspires to recover after losing the Andalusian fiefdom in 2018 and shake off the stigma of corruption, a very heavy ballast with which he has been carrying for more than a decade and which includes the conviction of former presidents Chaves and Griñán.
The second conviction of Fernández -eight years in prison which adds to the seven of the first judged piece – and to Márquez – four years in prison to add to the eight years that and imposed by the High Court in 2009- anticipates, and that is the real problem for the PSOE-A, a real judicial ordeal, since this is the first of the approximately 200 aid granted by the socialist governments of Chaves and Griñán that are still pending trial and that will fall in the coming months and years.
Acyco’s sentence marks the path of the rest of the pieces in which Judge María Núñez Bolaños divided the macro-case in 2015 and the ruling, very harsh, predicts a string of sentences in a very long time horizon. As if that were not enough, the resolution has been known in an election year and only one day before the PSOE begins the electoral pre-campaign to try to reconquer its Andalusian fiefdom with a rally in style this Saturday in which Pedro Sánchez will launch the candidacy of Juan Espadas for the Presidency of the Board.
Only in 2022 are three other trials of as many pieces already indicated separate from the case of the ERE. In March, the oral hearing will be held for the aid to a group of companies in the cork sector linked to Ángel Rodríguez de la Borbolla (brother of the former president of the Socialist Board José Rodríguez de la Borbolla) and that same month the trial for aid to Novomag Manufactureras Metálicas, while in November the aid corresponding to the Picos Yeye bakery is set.
Last year, Ferraz appointed the former mayor of Seville not only to challenge Susana Díaz for the leadership of the party, but also to address the renewal and turn the page, or that was the idea, to the
gigantic stain of corruption
with which the socialist governments in Andalusia are associated in their last stage after the conviction, three years ago, of Chaves and Griñán in the first trial of the ERE, the called political piece. But this second sentence, and especially those that have yet to come, represents a blow to that strategy.
The sentence, issued by the Third Section of the Court of Seville, concludes that the aid granted by the Andalusian Autonomous Administration to finance early retirement in Acyco was processed and granted completely outside the legality. From the beginning to the end.
To begin with, because in the subsidy file -just over three million euros- there was not even a formal request by the company, which also did not present mandatory documents, such as the declaration of being a beneficiary of other aid, and there was no trace of the necessary memorandum justifying the purpose or social interest. As if that were not enough, the sentence says that the expense was not authorized by the Governing Council nor did the legal cabinet give its opinion, two other essential requirements given the nature and amount of the subsidy.
But the fact is that, in addition, the lack of transparency was total and the former General Director of Labor, Francisco Javier Guerrero, took care of it “with the knowledge and consent” of the then Deputy Minister of Employment, Antonio Fernández. His was the order not to publish the aid in the Official Bulletin of the Junta de Andalucía and not to be recorded in the internal accounting system.
Two intruders and an end, profit
The magistrates of the Sevillian Court emphasize how the ultimate goal of all this irregular way of proceeding was “to obtain an economic benefit at the expense of the public treasury” and they give as an example the inclusion in the list of Acyco workers who took early retirement with the help of the Board, two people who did not They had never worked for that company. They were Domingo Martínez, former mayor of the hometown of Guerrero, El Pedroso, and Andrés Carrasco, childhood friend of the former Director of Labor and a churrero in that same municipality, both now deceased.
The two entered the list of early retirements by order of their friend Guerrero and everything was done, the resolution insists, with the knowledge and approval of Antonio Fernández.
Another name also stands out from the Acyco file, that of Encarnación Poto, owner and president of the board of directors of Aceites and Conservas (Acyco) and which was also included among the early retirees. Poto, who was affiliated with the PSOE and the UGT union, was retired early along with her workers, but kept her position as president of the board of directors until March 2011 and, until then, continued to receive allowances for attending meetings of that organ.
Specifically, annual amounts that ranged between 24,000 euros in 2005 and 98,995 euros in 2010. In total, he received more than 318,000 euros from the company for his position at the same time that he entered more than 276,000 euros for his early retirement and charged to the Board. In six years, between one thing and another, he pocketed almost 600,000 euros.
But the nonsense narrated by this sentence does not end there. The Court also shouts to the heavens for the surcharges paid by the Junta de Andalucía at the time of signing, with the mediation of the company Vitalia, the policy for early retirement. If in the market the ‘price’ of these commissions was then 4.42%, commissions of 15.24% were signed for the Acyco policy, which represents an extra cost of 10.82%, that is, almost 340,000 euros.
The conditions of the early retirement of Acyco employees were equally crazy when compared to the usual ones. The Court, in this sense, speaks of “disproportionate economic advantages”. Namely: 90% of the salary plus unemployment benefit, plus a 2% annual salary increase, 90% of the salary after retirement and all this with the possibility of working in another activity that did not involve competition with the company.
According to the criteria of
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