Following a complaint filed by the organization Clean handsthe owner of the Court of Instruction number 41 of Plaza de Castilla (Madrid)On April 16, Juan Carlos Peinado initiated proceedings against Pedro Sánchez’s wife for her employment relationships with some companies that have signed contracts or received aid from the Government. The first step will be to summon some witnesses who will shed light on the investigation.
Clean hands is an organization directed by Miguel Bernad that has acquired media relevance over decades due to the complaints filed in matters of great social importance. Bernard himself ended up sentenced in 2021 to four years in prison for extorting banks and companies in exchange for avoiding legal action or smear campaigns. The union requests that the president’s wife be investigated for two crimes: influence peddling and private corruption.
What crimes does the complainant attribute to Gómez?
Influence peddling is a crime that is included in four articles of the Penal Code, from 428 to 431. Begoña Gómez’s conduct could be framed, according to the complainant, in article 429, which punishes “an individual who influences a public official.” or authority taking advantage of any situation derived from your personal relationship with this or with another public official or authority to obtain a resolution that may directly or indirectly generate an economic benefit for oneself or for a third party”.
“In this case, the president’s wife, according to Clean Hands, would be mediating so that a businessman would be given some aid in exchange for subsidizing a teaching activity,” explains criminal lawyer Borja Mapelli in reference to the letters of recommendation written by Begoña Gómez. to favor businessman Carlos Barrabés in a public contest.
“In this type of crime there is always a triangular relationship,” he adds, “a person close to an authority who mediates so that a person ‘x’ is granted a privilege in exchange for interests.” The criminal lawyer emphasizes, in any case, that “The procedural stage is still very early and everything remains to be proven.”
The penalties provided for whoever commits this crime are from six months to two years in prison, along with a “fine equal to twice the benefit sought or obtained.” Furthermore, the law prohibits anyone convicted of this crime from contracting with the public sector and obtaining subsidies, aid and tax incentives for a period of between six and ten years. “The crime of influence peddling requires that a personal relationship has been abused to exert influence“explains Criminal Lawyer Manuel Cancio. In the case of Gómez, “the use of his ability to influence the responsible officials through the president would have to be proven.”
The crime of private corruption, which the union also targets, is regulated in article 286 bis of the Penal Code. Among others, the crime punishes anyone who “promises, offers or grants to directors, administrators, employees or collaborators of a commercial company or a society, an unjustified benefit or advantage, of any nature, for them or for third parties, as consideration “so that it unduly favors him or a third party over others in the acquisition or sale of merchandise, contracting of services or in commercial relations.”
This type of crime is a “relatively recent” crime, according to the sources consulted, and There are “very few sentences” that include it. “In the private sector it is very difficult to intervene in corruption,” summarizes criminal lawyer Borja Mapelli. “I don’t see anything that fits this crime according to what the complaint describes and what has been published in the press,” says Manuel Cancio.
What specific facts are reported?
One of the issues that the Manos Liminas union refers to in its complaint, which is based largely on information from the media, is the labor relations that Begoña Gómez maintained with Globalia, a holding company tourism, during the pandemic.
This company owns Air Europeone of the airlines rescued during the covid-19 crisis. Globalia sponsored the activities of Begoña Gómez as director of the Africa Center Business Institute. Javier Hidalgo, CEO of holding company allegedly involved in the Koldo plot, she met with Gómez in the hardest months of the pandemic, before her husband’s Executive rescued the airline.
The Council of Ministers ended up approving the disbursement of 475 million euros to rescue Air Europa, Globalia’s airline, a decision in which the president himself participated. In March, the PP filed a complaint with the Conflict of Interest Office, dependent on the Ministry of Public Function, alleging that Sánchez should have abstained from that Council of Ministers. In the opinion of the popular ones, Gómez’s “ties of an economic and professional nature” with Globalia were sufficient reason for the president to refrain from deciding on the rescue of Air Europa. The Office, however, filed the complaint.
The complainant, Clean Hands, has asked to investigate a second matter. Also at the beginning of the pandemic, in July 2020, Begoña Gómez signed two letters of support for a temporary business union (UTE) that had submitted to a public tender by the Red.es entity. The main shareholder of the UTE was the businessman Carlos Barrabés, who participated in the design of a master’s degree at the Complutense University of Madrid directed today by Gómez.
The UTE ended up winning the three lots for which it was eligible, a total award of 10.2 million euros, despite the fact that it did not present the cheapest offer. The complaint asks the instructor Juan Carlos Peinado to collect the recommendation letters from Gómez, whom he also accuses of a crime of private corruption.
What is the status of the investigation?
The procedures that fell on the instructor Juan Carlos Peinado during the ordinary distribution shift are “at a very early stage”, as Professor Borja Mapelli recalls. They began last Tuesday, April 16, so the investigating judge has not yet taken any known measure. Peinado has established summary secrecy and intends to begin his investigations by summoning some witnesses. The president’s wife has not yet been summoned by the judge nor is she charged with any crime.
“To initiate proceedings It is enough that in the complaint there is a possible, coherent narrative of events that gives rise to criminal liability.“, warns Mapelli. In any case, the order opening proceedings can be appealed, in this case before the Provincial Court of Madrid.
