The case against state Attorney General Alvaro García Ortiz for allegedly leaking the tax data of businessman Alberto González Amador to the press was handed down yesterday after a six-hour final report of the charges and defense.
Director of Public Prosecutors Office he did not exercise his rights until the end And he left the Palace of Justice, clearly satisfied with the precise and steely presentation of his defense.
State attorney Ignacio Osio not only maintained the attorney general’s innocence (“There’s no evidence against him, there can’t be any.”), but also the accusations were scattered left and right.
Video | State prosecutor defends García Ortiz’s innocence, says leak ‘could have come from the Madrid Community Prosecutor’s Office’
He accused Madrid’s top prosecutor, Almudena Lastra, of becoming a prosecution witness for his superiors “because he had a bad relationship with them.” He criticized UCO for the “disparity” in performance on record. And also to the investigative judge, Angel Hurtado, who did not investigate the exculpatory factors.
However, none of this prevents the Attorney General from seeking a sentence of up to six years in prison, a fine, suspension as a public prosecutor, and disqualification as head of the Ministry of Public Affairs.
González Amador’s lawyer, Gabriel Rodríguez Ramos, who carried the weight of the charges, explained the case. accumulation of evidence In their opinion, García Ortiz is responsible for this revelation. chain being In an email dated February 2, 2024, attorney Carlos Neira admitted that: “Certainly two crimes were committed against the treasury.” By his client Isabel Díaz Ayuso, partner of the President of Madrid.
He therefore referred to the fact that the literal content of that email, which was theoretically known to Madrid’s Economic Crimes Prosecutor’s Office six weeks ago, was revealed for the first time in this document. chain being Shortly after it was in the hands of the Attorney General.
He alluded to Lastra’s testimony (“You’re the one who leaked the emails,” he claims he told his boss). To the reaction of Madrid Chief Prosecutor Pilar Rodríguez to the deletion of the mobile phone by the Attorney General and the previous leak of the complaint against González Amador: “I sent everything (to the Attorney General’s office), so I imagine that after analyzing the minutes it was published by the FGE.”
“There is no objective evidence to support the journalist’s statements.”
Rodríguez Ramos not only deemed the Feb. 2 email revelations criminal. he also press release On March 14, 2024, the public prosecutor’s office issued a statement denying reports that Ayuso’s partner was offered an agreement to plead guilty in exchange for a reduced sentence.
García Ortiz wanted to respond with the memo to a “false rumor” that a deal was being proposed to extract guilty confessions from innocent people and attack his partner Isabel Díaz Ayuso.
The press release said the proposal for the agreement was made by Neira to the Economic Crimes Prosecutor’s Office in an email dated February 2. A conforming proposal recognizing the authorship of Mr. González Amador of the Commission on “Two Crimes Against the Treasury” public,” says Point 2.
Press release attached by lecturer In a story of punished deeds This is included in the resolution to begin the oral trial issued on September 9th.
But the investigation is specifically focused on the Feb. 2 email leak. The reason is that the court that opened the case against the Attorney General on October 15, 2024, takes into account that the literal version of the email has already appeared in the media. There was no “improperly disclosed information” in the press release.. But the court found this to be true “Apparently”.
Two “criminal” acts
individual whistleblower Yesterday, it said the two acts – revealing the email and distributing the information memo – were crimes.both considered separately, and if the court considers that the “email” has been leaked; chain being More precisely, “as the possible legal scope for publishing the contents of the memo.”
“The desire to include a systematic explanation of confession and guilt in the press release is in point 2 of the memo designed and dictated by García Ortiz,” Rodríguez Ramos said.
“The point is, There is no doubt that there is no need to neutralize false rumors. “Everything would have started from there, the prosecutor’s office would have proposed an agreement, and that agreement would have been blocked from above,” he added.
The memorandum’s entries “could not be justified by any of Defendants’ stated objectives. The neutralization of the prosecutor’s promotion of compliance in this case does not require that the person being interrogated admit to any crime.”.
He asserted that he would “never comply with the conditions for the validity of Article 4.5 of the Tax Law,” which entrusts prosecutors with the provision of information to society.
For private prosecutors, the term García Ortiz chose to write the memos means “even if they have already been released by the investigative agency.” chain being, Alternative reality: As part of the compliance process (rather than legal regulation), prosecutors’ offices chain being(However, the public prosecutor’s office) expresses the other party’s position through an organized mouth. The criminal awareness of those being investigated is systematically sealed.”.
In his opinion, the memo violates the confidentiality requirements of the prosecutor’s office. ”The methods used by politicians to expose information do not work in public prosecutors’ offices.reserve duties have been strengthened. ”
and Just because the information is reported does not exempt it from its duty of confidentiality. And the prosecutor’s office’s secrecy was probably a design error on the part of the defendant.
González Amador’s lawyers argued that they had “considered the press releases individually, without considering who the author of the e-mail disclosures to Gonzalez Amador was.” chain beingthe memo assumes that a reality that had not been sent to anyone before was systematically commissioned. “this is, “At least the basic types” of crime Revealing secrets.
“But furthermore, the defendant Get used to it “This is as part of a strategy to avoid subsequent liability for the memo, as a way to reinvigorate the institutional narrative of the guilt of Ayuso’s partners,” it added. This represents an aggravated disclosure charge, he said.
“The criminal awareness of the subjects of the investigation was systematically sealed.”
In its response to the charges, the state attorney argued that:can’t deny news of world (The first media to report that the compliance proposal was made by the Public Prosecutors Office) without quoting the contents of the email“”.
In his opinion, this press release was “fully justified” considering the following circumstances: Ayuso’s partners’ “media relevance”as the Civil Bench of the Supreme Court held.
Last May, the Chamber of Commerce rejected González Amador’s case for calling government vice president María Jesús Montero a “confessed criminal.”
“This memo is justified by the institutional guarantee that the public prosecutor’s office must respond to information that questions the prosecutor,” the defense attorney added.