the written confession of Ayuso’s partner

Alberto González Amador, partner of Isabel Díaz Ayuso, offered the Madrid Prosecutor’s Office an agreement in which he acknowledged the crimes to avoid trial. The businessman, accused of defrauding 350,000 euros through false invoices provided by other companies, sent an email to the Prosecutor’s Office through his lawyer on February 2: “Two crimes have certainly been committed against the Public Treasury.”

The email, sent by the Ser chain and to which elDiario.es has had access, is signed by Carlos Neira, the lawyer representing González Amador in this case. In it you can read that the lawyer assures that he is aware that the Prosecutor’s Office has received a complaint from the Tax Agency in relation to two possible tax crimes committed in the years 2020 and 2021.

“Having studied the matter, and in common agreement with Albert (sic) González, I inform you that it is the firm will of this party to reach criminal compliance,” maintains the lawyer for the Ayuso couple, who recognizes that two crimes have been committed against the Public Treasury and expresses its willingness to “proceed to compensate for the damage caused by paying in full the fee and late payment interest” to the Tax Agency.

This email refutes the president of the Community of Madrid, who this Thursday assured that her partner is under “a crazy Treasury inspection”, that “it is false that he is the one who owes the Treasury 350,000 euros” and that it is the Treasury who He owes him 600,000 euros: “My partner is not involved in any plot, he is suffering from a savage Treasury investigation that has gotten out of hand and has been orchestrated to harm me.”

The confession that her partner sent to the Prosecutor’s Office absolutely clashes with the story of the Madrid president, who has presented herself as the victim of “scandalous political persecution.” González Amador, far from presenting himself as a victim or denying the facts, has tried to recognize the crimes to avoid a trial and reduce the sentence with a pact. Ayuso has gone so far as to say that the investigation into her partner has to do with the use of “all the powers of the State” against her.

The email also refutes the Chief of Staff of the president of the Community, Miguel Ángel Rodríguez, who has assured that it was the Prosecutor’s Office who wrote to Isabel Díaz Ayuso’s partner by email to offer her the pact. It is not true, it was the businessman’s defense who took the initiative to contact the Prosecutor’s Office to offer an agreement, which for now has not been accepted.

The Prosecutor’s Office did not accept the offer and filed the complaint on March 5. The letter has fallen to the Investigative Court number 9 of Madrid, which now has to decide whether, as requested by the Public Ministry, it charges Alberto González Amador and four other businessmen who would have helped him with the falsification of the invoices.

González Amador has been reported for two crimes against the Treasury committed in the years 2020 and 2021, which total 350,000. In addition, the complaint adds one more crime of document falsification for having attempted to pay less taxes by presenting invoices for work that was never carried out. The alleged fraud was committed to pay less taxes for the almost two million euros that González Amador had earned for acting as an intermediary in a sale of masks.

The Tax Agency report attributes to Alberto González Amador two crimes of tax fraud in corporate tax for 155,000 euros in 2020 and another 195,951.41 euros the following year. He also accuses him of document falsification for presenting false invoices through external companies with the aim of reducing the extraordinary profits of his companies.

In total, their companies presented 15 false invoices for fictitious expenses totaling 1.7 million euros. It was the method used to deduct expenses that were never incurred, reduce the profits declared to the treasury and pay 350,000 euros less in taxes over two years.

The possibilities of an agreement

The Penal Code and tax regulations include several options so that a tax fraudster can avoid the bench or, at least, see their sentences substantially reduced. At the moment, according to the Treasury, Alberto González Amador has not met any of these requirements.

One of them, now out of reach, is to pay the debt before knowing that it is being investigated. In this case, the Tax Agency’s inquiries were notified to him and his companies in May 2022 without, to date, his situation having been regularized, according to what is included in the case reports.

Another way is to recognize both the crime and pay the debt before a hypothetical criminal process begins. Article 305.6 of the Penal Code establishes that judges may impose a sentence “lower by one or two degrees” provided that within two months of being summoned as a defendant, the accused pays his tax debt and “judicially recognizes the facts.”

Alberto González Amador has not yet been charged. A court in Madrid, as elDiario.es explained this Wednesday, has received the complaint from the Prosecutor’s Office against him for tax fraud and document falsification, waiting for him to make a decision in the coming weeks on whether or not to open a causes and charges him, as requested by the Public Ministry. All these possibilities of criminal benefits would affect his accusation of tax crime, formulated by the Prosecutor’s Office in conjunction with another crime of document falsification for the alleged falsification of up to 15 invoices.

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