The commission agent Alberto Luceño has accepted this Friday his right not to testify before the judge in the mask case, who had summoned him due to the evidence against him of two new crimes, falsification of documents and prosecutor. Regarding the latter, the head of the Tax Agency group that has analyzed the tax conduct of the commission agent has testified as a witness. The person in charge of the AEAT has told Judge Adolfo Carretero that Luceño never had “any will” to comply with his obligations with the Treasury regarding the 5 million euros that he obtained in commissions of public money for sales of sanitary material to the Madrid City Council in the worst phase of the Covid pandemic.
Carretero imputes an aggravated crime against the Public Treasury to Luceño for having stopped entering the public coffers 1,351,386.29 euros as income tax in the financial year of 2020. “He could not impute his income to the company Takamaka Invest SL because he did not It was constituted at the time of carrying out the operations”, affirms the judge in an order. The magistrate came to this conclusion after receiving an extensive report on the matter from the Tax Agency that has been ratified in its entirety this morning by the person responsible for its preparation.
The official has revealed that Alberto Luceño has addressed the AEAT to demand that they postpone any outstanding debt with the Treasury until the end of the criminal process, in case it is exempt from liability. The same official has shown her perplexity before the judge for this reasoning, since the investigation in the Investigating Court number 47 was not directed at that moment against Luceño for failing to enter 1.3 million euros.
The AEAT team leader explained that Takamaka Investements, the company through which Luceño wanted to camouflage the mask business, was set up two months after the business of selling the material to Madrid and that its purpose was to benefit from the 15% corporate tax bonus.
Likewise, the official has detailed that Luceño would have had to declare his earnings as a natural person and that if he wanted to argue that he did it as a company, he had several assets at his disposal that he never used. The contract with the Malaysian company Leno, still under suspicion, empowered him to pay taxes as a natural person or through companies. The official has warned of the possibility that Luceño has also committed an accounting crime.
Silence on the false CNI card
In addition, Carretero had summoned Luceño for a new crime of falsification of an official document committed by an individual, in relation to the discovery at his home of three documents signed by different administrative managers that he had adulterated and that he could have used for the business of the commissions with sanitary material.
One of those documents is the letter signed by the mayor of Madrid, José Luis Martínez-Almeida, to make it easier for Luceño to remove the manufactured material from China. Luceño modified the letter on dozens of occasions, putting and removing seals and identifications, such as that he was an agent authorized by the Government of China.
Other documents seized are a letter from the Director of Management of the Puerta de Hierro University Hospital and another letter from the General Director of Emergencies of the Madrid City Council. Both were intended to allow Luceño free movement during confinement so that he guaranteed the arrival of medical supplies, but reducing it to the Community of Madrid and to a certain date. Luceño falsified the letters to be able to move throughout Spain at any time, despite the restrictions.
The judge in the mask case, Adolfo Carretero, is also investigating the falsification of a CNI card and badge that the Police found at his home last September. Carretero adopts this decision following a report from the Scientific Police that concludes that both items seized from Luceño are “entirely false.” By invoking his right not to testify, Luceño has not explained why he knew the details of a CNI card to make a forgery at his home in full confinement.