Ángel Rodríguez de la Borbolla, brother of the former president of the Junta José Rodríguez de la Borbolla and former mayor of Cazalla de la Sierra (Seville), has been sentenced to a year and a half in prison for the case of the aid of 8.4 million granted by the Andalusian Government to five cork companies in the Sierra Norte de Sevilla, one of the first pieces of the ERE case.
The Fourth Section of the Provincial Court of Seville acquitted the other four investigated because "they had no participation in the events" and applied a reduced sentence to the only convict due to the delay of more than 10 years that the case has suffered.
Rodríguez de la Borbolla has been sentenced as a necessary cooperator of a continued crime of prevarication, which could not have been committed (medial contest) without there being a continued crime of embezzlement.
Given that "the highly qualified mitigation of undue delay" has been assessed, a sentence of one year, six months and one day in prison is imposed;
absolute disqualification for a period of three years and one day, as well as to compensate the Junta de Andalucía with 8,408,096.42 euros, the exact amount of the aid received.
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The Supreme Prosecutor's Office, on the fraud of the ERE: "Everything was prevaricator"
The former mayor of Cazalla for the PSOE was administrator of Corchos y Capones de Andalucía (Cortansa) for more than a decade until 2010, as well as administrator of Corchos Higuera, and proxy of Corchos de Cazalla.
The three companies, which operate in the Sierra Norte de Sevilla, received 6.6 million euros from the aid fund between July 2001 and February 2007, divided into eight different payments.
Rodríguez de la Borbolla was charged by Judge Merceces Alaya in March 2012 for a "network" of companies that obtained "with total absence of procedure and without request" a total of 9,009,108 euros in aid granted by the Ministry of Employment of the Board, according to what the magistrate said at the time.
José Enrique Rosendo Ríos, son of the former mayor of El Pedroso (Seville) Rafael Rosendo, and the person he trusted at the time, José María Sayago Lozano, were also charged.
Borbolla then said that he did not personally benefit from "a single cent" of the aid and that he ended up in ruin for contributing personal capital to his companies.
The sentence, against which there is an appeal before the Supreme Court, declares the subsidiary civil liability of Corchos y Tapones de Andalucía SL (Cortansa) for 3,003,036.21 euros;
Cazalla SL corks for 3,003,036.21 euros;
Services and Maintenance of Cazalla SL for 601,012 euros;
Enoworld SL for 1,200,000 euros, and Corchos Higuera SL for 601,012 euros, also acquitting Caixabank of the request for civil liability deducted against it.
Rodríguez de la Borbolla was a partner in practically all of them.
The sentence shows that the convicted person knew, thanks to many public officials of the Board and for belonging to the PSOE, that the Ministry of Employment, through the General Directorate of Labor and Social Security, granted non-refundable aid to companies.
The group of companies controlled by the convicted person obtained aid or subsidies for a total amount of 8.4 million, the defendant being "aware" that they "were due exclusively to the free will of the public officials with whom he contacted and that they ended up benefiting, ”says the sentence.