Saturday, August 13

Who is who in the ERE and what is their final sentence


The Supreme Court has confirmed the main convictions for the ERE case and, except for four people, has upheld most of the pronouncements of the Seville Court ruling in November 2019. But, who is who in this macro cause? What are the penalties they will eventually have to face? In the first place, the high court has fully upheld three appeals and partially upheld one of them, dismissing the remaining appeals, agreeing by a majority of its members to annul the first-instance sentence, issuing a new sentence with respect to four people:

From Judge Alaya to the Supreme Court ruling: thirteen-year chronology of the ERE case

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Juan Marquez Contreras. General Director of Labor between April 29, 2008 and April 6, 2010. He was sentenced by the Court to 7 years and 1 day in prison, and absolute disqualification for 18 years and one day for prevarication and embezzlement. Now the Supreme Court continues to consider him the perpetrator responsible for two continued crimes of embezzlement of public funds and administrative prevarication, in relation to the ideal competition, but appreciating the analogical and highly qualified mitigation of damage repair, with the consequent reduction in sanctions. Therefore, it imposes a prison sentence of three years, with the accessory of special disqualification for the exercise of the right to passive suffrage during the time of the sentence and the sentence of absolute disqualification for a period of seven years and six months. According to the Court, he “assumed” and “promoted” the development of the system, and “directly promoted” its “maintenance” for the distribution of aid and subsidies. The Prosecutor’s Office had requested 8 years in prison and 30 years of disqualification for prevarication and embezzlement.

Javier Aguado Hinojal. General Secretary of Labor between 1994 and May 14, 2000 and Technical General Secretary of the Ministry of Employment from May 2, 2004 to May 3, 2008. Acquitted of the continuing crime of administrative prevarication. The Court had sentenced him to 9 years of special disqualification for prevarication and had already acquitted him of the crime of embezzlement. The Prosecutor’s Office had requested in the first instance 8 years in prison and 30 years of disqualification for prevarication and embezzlement.

Juan Francisco Sanchez Garcia. Technical Secretary General of the Ministry of Employment from May 14, 2000 to May 2, 2004, Technical Secretary General of the Ministry of Innovation from May 2, 2004 to April 1, 2010 and Director of Administration and Finance IFA- IDEA from May 2010 to October 30, 2012. Acquitted of the continuing crime of administrative prevarication. The Court of Seville had sentenced him to 9 years of special disqualification for prevarication and had already acquitted him of the crime of embezzlement. The Prosecutor’s Office had requested in the first instance 8 years in prison and 30 years of disqualification for prevarication and embezzlement.

Lourdes Medina Varo. General Technical Secretary of Employment from May 3, 2008 to May 17, 2012. Acquitted of the continued crime of administrative prevarication. The Court had sentenced her to 8 years, 6 months and one day of special disqualification for prevarication and she had already been acquitted of the crime of embezzlement. The Prosecutor’s Office had requested for her in the first instance 6 years in prison and 30 years of disqualification for prevarication and embezzlement.

Regarding the rest of the convicted, according to the brief information sent by the Supreme Court, “the remaining pronouncements of the contested sentence are maintained.” It should be remembered that whoever was General Director of Labor between October 6, 1999 and April 29, 2008, Francis Xavier Guerrerothe main defendant, died in October 2011. The rest of the sentences, according to the high court, remain as they were:

Manuel Chavez Gonzalez. President of the Junta de Andalucía between July 27, 1990 and April 7, 2009. Sentenced to 9 years of special disqualification for prevarication. As head of the Government of the community, he “promoted the implementation” of said procedure for the distribution of aid and subsidies “knowing” the aforementioned alleged irregularities. The Prosecutor’s Office had requested 10 years of disqualification for prevarication.

Jose Antonio Grinan Martinez. President of the Junta de Andalucía between July 27, 1990 and April 7, 2009. Sentenced to 6 years and 2 days in prison, and absolute disqualification for 15 years and two days for embezzlement and prevarication. Minister of Economy and Finance between April 24, 2004 and April 23, 2009 and president of the Andalusian Government between April 23, 2009 and September 7, 2013. As head of the Ministry of Finance, “ maintained” the procedure for the distribution of aid and subsidies. The Prosecutor’s Office had requested 6 years in prison and 30 years of disqualification for prevarication and embezzlement.

Gaspar Zarrias Arevalo. Counselor of the Presidency from April 17, 1996 to April 24, 2009. Sentenced to 9 years of special disqualification for prevarication. As head of the government of the community, he also “promoted” the implementation of this procedure for the distribution of aid and subsidies, according to the conclusions reached by the court. The Prosecutor’s Office had requested 10 years of disqualification for prevarication.

Jose Antonio Viera Chacon. Employment Counselor between April 29, 2000 and April 25, 2004, president of IFA-IDEA 2003-2004. Sentenced to 7 years and 1 day in prison, and absolute disqualification for 18 years and one day for embezzlement and prevarication. As head of the Ministry of Employment, he “assumed” the development of the devised system and “directly promoted the implementation of this procedure for the distribution of aid and subsidies.” The Prosecutor’s Office had requested 8 years in prison and 30 years of disqualification for prevarication and embezzlement.

Antonio Fernandez Garcia. Vice Minister of Employment between April 29, 2000 and April 24, 2004, Employment Counselor between April 25, 2004 and March 22, 2010, president of the IFA-IDEA between May 2001 and 2003. Convicted to 7 years, 11 months and one day in prison, and absolute disqualification for a period of 19 years, 6 months and one day for prevarication and embezzlement. Like the previous ones, he “assumed” and “maintained” the system despite “knowing” the “lack of a procedure endowed with the minimum and elementary guarantees for the distribution of aid and subsidies.” He has been the only counselor who spent a few months in preventive detention. The Prosecutor’s Office had requested 8 years in prison and 30 years of disqualification for prevarication and embezzlement.

Magdalena Alvarez Arza. Minister of Economy and Finance between August 2, 1994 and February 7, 2004. Sentenced to 9 years of special disqualification for prevarication. She was the one who “instated” the procedure for which she “proposed”, as a counselor, and “approved”, as a member of the Governing Council, the budget modifications related to program 22E and 31L that have been the subject of judgment. The Prosecutor’s Office had requested 10 years of disqualification for prevarication.

Carmen Aguayo. Deputy Minister of Finance between April 26, 2004 and April 24, 2009 and Minister of Finance between April 23, 2009 and September 9, 2013. Sentenced to 6 years and 2 days in prison, and absolute disqualification for period of 15 years and two days for prevarication and embezzlement. According to the instruction, she “assumed” the development of the “devised” system and “directly promoted the maintenance of the procedure for the distribution of aid and subsidies.” The Prosecutor’s Office had requested 6 years in prison and 30 years of disqualification for prevarication and embezzlement.

Francisco Vallejo Serrano. Innovation Counselor between April 25, 2004 and April 24, 2009, IFA-IDEA president from 2004 to 2009. Sentenced to 7 years and 1 day in prison, and absolute disqualification for a period of 18 years and one day for prevarication and embezzlement. IFA-IDEA depended on his department and “promoted” the draft budgets for the years 2005 to 2009. As a member of the Governing Council, he approved these projects “despite the fact that they inadequately contained the transfers of financing from the Ministry of Employment towards IFA-IDEA”. The Prosecutor’s Office had requested 8 years in prison and 30 years of disqualification for prevarication and embezzlement.

Agustin Barbera Salvador. Deputy Minister of Employment between April 26, 2004 and April 30, 2010. Sentenced to 7 years and 1 day in prison, and absolute disqualification for 18 years and one day for prevarication and embezzlement. He “Assumed” the development of the system and “directly promoted” its “maintenance”. The Prosecutor’s Office had requested 8 years in prison and 30 years of disqualification for prevarication and embezzlement.

Jesus Mª. Rodriguez Roman. Deputy Minister of Innovation between March 19, 2005 and April 1, 2010 and Vice President of IFA-IDEA between 2005 and 2008. Sentenced to 6 years and 2 days in prison, and absolute disqualification for a term of 15 years and two days for prevarication and embezzlement. Same accusations as above. The Prosecutor’s Office had requested 8 years in prison and 30 years of disqualification for prevarication and embezzlement.

Jose Salgueiro Carmona. Deputy Minister of Finance between 1990 and February 7, 2004 and Minister of Finance between February and May 2004. Sentenced to 9 years of special disqualification for prevarication. Same accusations as above. The Prosecutor’s Office had requested 10 years of disqualification for prevarication.

Antonio Vicente Lozano Pena. General Director of Budgets from April 21, 2002 to April 26, 2009. Sentenced to 9 years of special disqualification for prevarication. In the performance of his powers he was “assuming” the development of the system and “promoted” its “maintenance”. The Prosecutor’s Office had requested 10 years of disqualification for prevarication.

Miguel Angel Serrano Aguilar. General Director of IFA-IDEA between June 2004 and May 2008. Sentenced to 6 years and 6 months and one day in prison, and absolute disqualification for 17 years and one day for embezzlement and prevarication. He is accused of signing 42 agreements “despite knowing about the irregularities of the subsidies and socio-labour aid that were articulated through it.” The Prosecutor’s Office had requested 8 years in prison and 30 years of disqualification for prevarication and embezzlement.

Hyacinth Cañete Rolloso. General Director of IFA-IDEA between May 14, 2008 and December 22, 2009. Sentenced to 8 years, 6 months and one day of special disqualification for prevarication and acquitted of the crime of embezzlement. He is accused of signing 124 agreements “despite knowing about the irregularities of the subsidies and socio-labour aid that were articulated through it.” The Prosecutor’s Office had requested 6 years in prison and 30 years of disqualification for prevarication and embezzlement.



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