Judge Francisco Serrano will be tried for alleged fraud of subsidies of 2.5 million

Judge on leave Francisco Serrano will finally be tried for alleged subsidy fraud and fraud after receiving a loan of almost 2.5 million from the Ministry of Industry in 2016 and diverting it for expenses unrelated to the public aid received for a pellet factory.

The Provincial Court of Seville has dismissed in its entirety the appeal filed by the former leader of Vox in Andalusia against his prosecution in which he alleged that he had been a victim of the criminal strategies of Enrique Pelegrín and Javier López, partners in the constitution. of the ghost factory and who are also accused of the same crimes.

The judges of the Seventh Chamber of the Court are categorical and reject the arguments that Serrano put forward in his appeal.

The judge alleged that “he was a victim of the criminal strategies” of Pelegrín and López, “making him believe that they were going to provide the necessary machinery to develop the subsidized project” for the Biowood Niebla pellet factory, which was awarded the ministry subsidy. .

Serrano also maintains that his function is that of a capitalist partner, dedicating himself only to a "purely economic contribution and very collateral legal advice", while it was his other two partners who shared the main activities: Pelegrín, in charge of the technical development of the plant and the preparation of the documentation and the project, and López, “the ideologist of the operation,” was in charge of the financial part.

“I had blind trust in Francisco Javier López,” adds the former judge.

Faced with these first justifications, the magistrates are blunt.

“The appeal cannot prosper,” they say, “regardless of the allegations about the alleged deception by the other two investigated based on their total and absolute control of Biowood Niebla” and the role of Serrano's simple capitalist partner.

Although the judges recall that this exculpatory allegation must be proven in the oral hearing, they warn that "in principle it does not fit well with the appellant's training as a jurist and with the circumstance of sharing the corporate headquarters of the companies involved," in reference to the fact that the The registered office of Serrano's law firm was the same as that of the company under investigation.

Judge Serrano also maintains that he was unaware that his partner Pelegrín had no intention of providing the machinery that he had promised to provide to the Pellets factory in the agreement to establish Biowood Niebla, which both signed in March 2016. Serrano alleges that it was It was the realization that the machines were not arriving that “broke trust between the partners at times,” which is why he decided to change the name of the entity, Serrano Family Lawyers, to Serralba Projects and Investments, whose bank account he maintains that López controlled.

Serrano also assures that when he realized that Proyectos eversión Serralba had been collecting fees from his law firm's clients, that is when he left Biowood Niebla, in October 2017.

The magistrates dismantle this defense by reviewing the business links between Serrano and Pelegrín related to Biowood Niebla.

The order details how both acquired the company Biowood Andalucía in June 2015, moved its headquarters to where Serrano Abogados de Familia was located and agreed to a capital increase in which Pelegrín subscribes to shares through the contribution of three granulators.

“This same machinery is what was provided three months later with the constitution of Biowood Niebla, on March 30, 2016, so both the appellant and Pelegrín knew that, at that time, the machines did not exist nor had they been acquired by none of them".

The ministry subsidy was obtained in December 2016, which leads the magistrates to reinforce that theory: “It is obvious that on the date the loan was received, the partners of Biowood Niebla knew that the machinery did not exist nor was there been acquired.”

They also dismantle “the alleged incidental relationship” between Serrano and his other two partners that the judge on leave insists on presenting in his appeal.

The magistrates recall that in the deed changes where Serrano Abogados is renamed Proyectos e Inversiones Serralba, it is the judge on leave who appears as an exclusive participant and administrator.

“It follows, therefore, that the person who then controlled both companies was the appellant,” the order states.

The judges of the Court also make it clear that the traceability of the funds obtained from the ministry's subsidy shows that "most of the money from the loan would have been indirectly allocated for investment funds, for the project of another entity in the "not inconsiderable sum of one million euros and for other unknown purposes."

The Seville Prosecutor's Office requests six years in prison and a 5,470 euro fine for fraud for the controversial former leader of Vox in Andalusia and, as an alternative, in case the court judging the case does not appreciate this crime, it demands eight years in prison for two crimes. of subsidy fraud and a fine of 14.8 million.

The private accusation, brought by the general secretary of Facua, Rubén Sánchez, demands 10 years in prison and a 10 million euro fine.

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