He admits the personification of the company as harmed and will investigate several leaders who could “be related to the crime”
MADRID, 28 Oct. (EUROPA PRESS) –
The judge of Madrid Carmen Valcarce has agreed to admit for processing the complaint filed by the former general secretary of the SGAE Eduardo Ezpondaburu against different managerial positions of the entity, among which is its president, Antonio Onetti, and the general director, Adrián Restrepo , whom he accuses of falsifying votes in the assemblies and of committing irregularities when billing for services and deducting income.
In an order this Thursday, to which Europa Press has had access, the head of the Investigating Court Number 5 of Madrid partially deals with the complaint and agrees to investigate the alleged crime of forgery committed within society, although he rules out investigating the alleged crimes of usurpation of civil personality and unfair administration.
The magistrate, who has agreed to the appearance of the SGAE itself as harmed, points out that she admits the complaint against the denounced leaders “considering that directly or indirectly, due to the position they hold in the SGAE, they have been able to be related to the reported crime of falsehood” .
Ezpondaburu refers with his complaint, as explained by the Prosecutor’s Office, to events that occurred between 2020 and 2021 with the management of the SGAE by the management, “mainly with the alleged falsification of votes to be used in the votes of the Assembly, as well as well as in the irregularities incurred” by the leadership of the entity in “the billing of certain services, as well as in relation to the application and deduction of certain income received by the company”.
In April, the instructor refused to admit Ezpondaburu’s complaint when she appreciated that she could not act as a private prosecution in the procedure because she did not have the status of partner of the SGAE, whom she denounced for the alleged crimes of usurpation of marital status and false documents.
Ezpondaburu himself appealed this decision and was supported by the Prosecutor’s Office, which urged the judge to allow him to act as a popular prosecution so as “not to violate his right to effective judicial protection.”
Regarding the crime of forgery, the judge points out that the former general secretary said he had “contributed to the police station where he initially denounced” a report prepared by detectives. However, the magistrate assures that she only writes a “report on the falsification of votes in the assembly” without knowing “the author of the same as it is not signed by anyone.”
“Likewise, in that complaint it is stated that an expert report is being carried out with the signatures provided that it is not yet finished, but despite the time that has elapsed, it is not included in the complaint either,” he points out.
Despite this, the judge considers that “it is appropriate to admit the complaint for the investigation of the alleged crime of falsification with respect to the delegated votes of the aforementioned assembly.”
In relation to the alleged crime of unfair administration, the judge explains that the SGAE is governed “by its agreements, either by meetings or by its governing body based on its powers.” In this context, she does not consider “feasible in this proceeding to carry out a prospective investigation of the social accounts.” “More so when the complaint does not contain more than statements, no indication of the illegality of said payments, nor has the SGAE or its directors been required to explain them,” she adds.
Thus, the magistrate assures that it should not be “forgotten that the complainant has been general secretary of the SGAE at least until July 26, 2021”, having “solved the discrepancies regarding the distribution of certain amounts” with an agreement later.
“The same can be argued regarding the credits granted to different people and that, apparently, as stated, they are not claimed. It is necessary to consider that the credits that are reported were granted in 2007 and 2011; there is no doubt that in that At that time there were other members of the governing body of the SGAE, among them Mr. José Miguel Fernández Sastrón, today a complainant, without proving anything alleged or the reasons, if true, for the non-enforceability of that or, it is of suppose, from other loans that the SGAE makes to its members”, he explains.
In this regard, the judge emphasizes that Ezpondaburu expanded “his initial complaint as a result of leaving the position of secretary general” but, “however”, he has not provided “any circumstantial evidence in relation to the crimes that he expands that allows the admission of the lawsuit against them”.
Lastly, and in relation to the continued crime of usurpation of civil personality, the magistrate ruled out investigating it, arguing “that the defendants did not want to supplant the partners in the facets of their lives, but simply allegedly falsified some votes so that the elections were favorable to him.”
