The judge investigating the sale of a Goya painting by Esperanza Aguirre’s husband, Fernando Ramírez de Haro, to the businessman Juan Miguel Villar Mir has closed the case considering that none of the crimes reported by the brother-in-law of the President of Madrid: fraud, document falsification, misappropriation and tax crime. The case was opened at the request of Íñigo Ramírez de Haro, who accused his brother of keeping five million euros from the sale of the portrait that, according to his account, his father had bequeathed to the five children and that they only allowed them to sell for pay off the debts of the Aguirre-Ramírez de Haro marriage.
Esperanza Aguirre and her husband sold an unpublished Goya for five million without protecting it as a cultural asset to save taxes
The instructor has decreed the free dismissal of the complaint, according to The Spanish has advanced, without waiting for the challenge that the complainants presented against her a few weeks ago, alleging lack of impartiality, to be resolved. According to the documentation in the possession of elDiario.es, the lawyers of Íñigo Ramírez de Haro presented on September 23 a brief to separate Judge Concepción Jerez, whom they also denounced before the General Council of the Judiciary because in their understanding she had committed serious faults in the investigation of the case that had to be investigated.
The judge herself issued a resolution last week in which she did not admit the challenge, but that decision was also appealed by the lawyers representing the complainant last Thursday, October 7. Without waiting for the Provincial Court of Madrid to pronounce, the magistrate decided to close the case in a car that bears the date of October 7 and in which it discards that there are indications of crime in the operation by which the husband of Aguirre sold Goya’s work to businessman Juan Miguel Villar Mir. The lawyers of the accusation will continue with the lawsuit and their next steps will be to appeal the file of the case to the judge herself and subsidiarily before the Provincial Court of Madrid, in addition to trying in a parallel procedure to be definitively removed from the case.
The denounced events date back to 2012, when Aguirre’s husband, who was in a delicate economic situation on the verge of bankruptcy, sold the painting that his father had supposedly donated him in which an ancestor was portrayed. The couple and the brother who would later denounce agreed to sell the painting and that later they would do the math. That is the story that appears not only in the complaint but also in an audio that a sister of hers sent to Esperanza Aguirre’s children, which has also been brought to court and to which elDiario.es has had access.
In the recording, the woman explained to her nephews that this sale was an agreement of all the brothers to save the oldest of them from ruin, but that the money would have to be distributed later to each member of the family. The recording has not been taken into account by the judge, who accepts the story of Esperanza Aguirre’s husband and concludes that her father donated the painting to her in 2006 –four years after he died–. The instructor is based on a list of assets submitted by the executor of the family. The document is signed by the mother, Beatriz Valdés; the sister, Beatriz Ramírez de Haro y Valdés, and Fernando Ramírez de Haro himself.
The magistrate considers that “there is no reason to doubt the veracity of the statements made, taking into account that on the indicated date it was not yet confirmed that the painting belonged to Goya, which is incompatible with the beginning of the plot or plan drawn up by the defendant, as stated by the plaintiff. ” However, the judge maintains that the will established a division in equal parts between the children, “although it orders that by way of partition, Fernando Ramírez de Haro and Valdés be awarded the painting of Mr. Valentín de Moncada” .
Regarding the settlement of the accounts within the family nucleus, the judge recalls that in a 2014 document all the parties signed an agreement whereby Fernando Ramírez de Haro owed about 850,000 euros to each one, but that in the event that the mother died before she could repay that amount, she would renounce the inheritance. The plaintiff acknowledged in court that Aguirre’s husband renounced that inheritance, although sources familiar with the case maintain that in no case would it serve to cover the more than four million euros of debt contracted with his brothers.
Although the Prosecutor’s Office saw evidence of a tax crime in the sale of the work of art, the judge concludes that “there is no report from the Tax Agency that shows that there could be a possible fraud or any other conclusive information” and refuses to open ” a prospective investigation “of Esperanza Aguirre’s husband. The order to file the case, which the complainants plan to appeal to the judge herself and the Provincial Court of Madrid, also exonerates the former president of Madrid and denies that the regulations for the protection of artistic heritage have been violated, given that Fernando Ramírez de Haro He informed the Ministry of Culture and Sports of the existence of Goya’s work and his intention to sell it, the only procedure that was required since it had not been declared an Asset of Cultural Interest. Despite the fact that the competent Administration to do so was then the Community of Madrid, chaired by Aguirre herself, the judge in the case ruled out that she incurred in any irregularity. “It is devoid of any foundation,” she writes in the order to exonerate Aguirre, because the alleged influence in relation to her husband’s painting “is incompatible with the necessary processing that every rule requires and the prior delegation that it requires in terms of decrees. legislative “.