BarcelonaCarles Puigdemont’s lawyer, Gonzalo Boye, has been in the dock since Monday alongside the Galician drug historian Sito Miñanco for an alleged money laundering crime linked to drug trafficking. The National Court now begins to judge a case that dates back to 2017, when police confiscated 889,620 euros at Barajas airport from members of the Miñanco gang, a client of Boye, when they tried to pass it to Colombia. Boye defends his innocence and claims he is being persecuted for his work as a lawyer and his links to independence.
According to the judicial investigation, Boye and two other lawyers falsified documents to demonstrate that this money had a legal origin and that it could return to Miñanco’s hands. The Prosecutor’s Office is asking for 9 years and 9 months in prison for Puigdemont’s lawyer and a fine of 2.7 million euros. The lawyer denies having falsified anything and underlines that he limited himself to submitting to Sepblac, the anti-money laundering authority, some contracts which would demonstrate that the money belonged to the entrepreneur Manuel González Rubio and that it came from a deal with a security company in Colombia . The businessman now adheres to this version, although he had previously linked the money to drug trafficking.
Contracts, under a magnifying glass
The prosecution’s theory, however, is different. The Prosecutor claims that Miñanco, who at the time was in third degree after spending almost 17 years in prison, never abandoned drug trafficking and had no intention of rehabilitating himself. While working in a car park in Algeciras, the Galician reactivated his drug business and set up a whole fraudulent business structure to hide the profits. After the arrest of his collaborators in Barajas, Miñanco’s legal team, led by Boye, allegedly fabricated sales contracts that, according to the prosecutor, made no economic sense. For these facts the lawyers have already received an administrative sanction.
Miñanco now faces a prison sentence of 31 years and 6 months in prison. The National Court is investigating him and 45 other people for the so-called Mito operation, a network through which the Galician drug trafficker wanted to introduce 4 thousand kilos of cocaine into Spain, but which failed because the police prevented
Boye sees persecution in it
In an interview with VilawebBoye linked the prosecutor’s and police’s moves to implicate him in the case with his ties to Puigdemont. “It is clear that there are people who believe that with my head they can influence other people. Don’t be confused. Don’t be confused, I will not be anyone’s hostage. And I say this because I will not allow my situation to be negotiated in exchange for political concessions “, he defended. Boye’s office also reported that, during a search of his office in 2019, investigators intercepted correspondence he had with his clients over the past nine years, violating his right to defense and professional secrecy. Boye has another trick up his sleeve: He presented evidence in which the lawyer of another of the defendants, Manuel Puentes Saavedra, acknowledges that his client framed him during cross-examination after being pressured while in prison.
Puigdemont intervened in defense of his lawyer and, in fact, called upon all those who can support him in the face of an accusation in which he sees the hand of the sewers of the State. “All this rot emits a suffocating stench. Shameless manipulation to make him pay for the failures of Spanish repression in Europe and to have him as a hostage,” X complained.
The director general of Junts will go to the National Court this Monday to accompany Boye, who was also Quim Torra’s lawyer. The secretary general Jordi Turull, the vice president and spokesperson Josep Rius, the president of Junts al Parlament, Albert Batet, and the spokespersons of the Congress and the Senate, Míriam Nogueras and Eduard Pujol, will be present. It is the second time that the lawyer has been tried before the National Court: the first time was in 1996, when the court sentenced him to 14 years in prison (he later served six) for collaboration with ETA in the kidnapping of the Spanish industrialist Emiliano Revilla.
the calendar
The trial before the National Court will begin on Monday with the question of whether the court can suspend it, given that one of the defendants is in prison in Senegal and will not be able to go there. Two of the 48 defendants died before the trial, which is expected to last until the end of January if there are no unforeseen circumstances.
How does the case against Gonzalo Boye highlight the challenges faced by lawyers representing politically sensitive clients in Spain?
Title: Legal Battles and Political Implications: An Interview with Legal Expert Javier Martinez
Time.news Editor (TNE): Welcome, Javier! Thank you for joining us today to discuss the ongoing case involving Carles Puigdemont’s lawyer, Gonzalo Boye, and the serious allegations he faces.
Javier Martinez (JM): Thank you for having me! This case is indeed significant and offers a window into the intersections of law and politics in Spain.
TNE: To start, can you give us a brief overview of what led to this high-profile trial?
JM: Certainly. Gonzalo Boye is currently on trial for alleged money laundering linked to drug trafficking. This stems from a 2017 incident where police confiscated nearly 890,000 euros at Barajas Airport, supposedly connected to the notorious Galician drug trafficker, Sito Miñanco, who is one of Boye’s clients. The prosecution argues that Boye and other lawyers falsified documents to legitimize the money’s origin.
TNE: Boye has defended himself vigorously, claiming political persecution due to his ties with independence movements. How significant is this claim in the context of Spanish politics?
JM: Boye’s assertion touches on broader political dynamics in Spain, where legal matters often overlap with nationalism and independence issues, particularly concerning Catalonia. His defense suggesting that he is being targeted because of his political affiliations raises questions about judicial independence and whether legal frameworks are sometimes weaponized for political ends.
TNE: The prosecution contends that Boye did not act independently of Miñanco’s criminal activities. What does the evidence against Boye include?
JM: The prosecution’s narrative rests on the premise that Boye was part of a scheme to produce fraudulent contracts that disguised the illegal origins of the money. They argue that these contracts made no economic sense and were created after police intercepted the money. Additionally, Boye and his colleagues have faced administrative sanctions, which the prosecution is likely using to bolster their case.
TNE: Interestingly, during this case, Boye has emphasized his protection of client confidentiality. How does this factor into the legal responsibilities of lawyers in Spain?
JM: In Spain, like many jurisdictions, lawyers are expected to maintain client confidentiality and protect the right to defense. Boye’s claims regarding the violation of his correspondence during a 2019 search highlight a crucial aspect of legal ethics. If these allegations hold water, they could have significant repercussions, both for his case and for the respect of legal rights in Spain.
TNE: With debts and fines potentially amounting to millions on the line for Boye, what do you think the outcome will be?
JM: Predicting outcomes in legal cases is always challenging, especially with the added political context. If the evidence against Boye fails to convincingly demonstrate his involvement in the alleged money laundering, he may walk free. However, if the court finds merit in the prosecution’s claims, he could face prison time. This verdict might also influence public perception of the independence movement, particularly how legal actions affect its leaders and advocates.
TNE: Boye has stated that he will not be used as a political pawn. How does this statement reflect the current climate for lawyers involved in politically sensitive cases in Spain?
JM: Boye’s defiance reflects a growing concern among legal professionals about being caught in the crossfire of political agendas. His statement underscores a crucial point: lawyers fear that their work can be misconstrued, leading to greater scrutiny from authorities. This not only threatens the autonomy of legal practitioners but could also stifle legal representation for those involved in contentious political issues, reinforcing a culture of fear rather than one of free advocacy.
TNE: This case is certainly unfolding in a dramatic way. Are there any lasting implications we should be aware of in terms of legal reforms or public trust in the judiciary?
JM: Absolutely. The Boye case could serve as a catalyst for discussions on legal reforms in Spain, especially regarding client confidentiality and the rights of lawyers. Public trust in the judiciary could be jeopardized if the perception grows that legal processes are influenced by political motivations rather than strict adherence to law, which could erode the principle of a fair trial that underpins democratic societies.
TNE: Thank you, Javier, for your insightful analysis on this complicated case. We will be following the developments closely!
JM: Thank you! It’s a pleasure to discuss these pressing issues, and I’m sure there will be more to unpack as the case progresses.