The judge of the National Court José Luis Calama has admitted this Friday the complaint filed by the businessman Álvaro Romillo, investigated in the alleged pyramid scam of Madeira Invest, against the MEP Luis Pérez Fernández, known as Alvise, for a crime of illegal financing of political parties. Romillo maintains that he paid 100,000 euros to Alvise to finance his election campaign for the European Parliament in June of this year.
In an order, the magistrate offers the MEP, given his status as a certified person, the possibility of appearing in the proceedings and testifying voluntarily in court on November 20, as well as providing documents, proposing investigation proceedings and participating in the instruction of the case.
To investigate the facts related to the crime of illegal financing, the head of the Central Court of Instruction number 4 agrees to open a separate piece independent of the main case, in which he investigates the alleged pyramid scam through the investment platform Madeira Invest and several of its administrators. The magistrate points out in his order that, in this main case, the actions of Alvise Pérez in promoting the allegedly illicit activity carried out through the financial network generated around Madeira Invest Club could give rise to his consideration as a necessary cooperator. in the crime of aggravated fraud.
In his resolution, the judge incorporates Álvaro Romillo’s complaint in which he recounts the various contacts maintained with Alvise Pérez with the intention that the businessman would obtain the promotion of his services and the MEP could in return “finance his campaign with security and ease.” without state persecution.”
After various contacts, according to the complaint, on May 27, Romillo informed Alvise that he could stop by the Sentinel to collect the amount of 100,000 euros in cash, to which the latter responded: “100%. You make an urgent part of the campaign possible for me. Thank you so much uncle.” When Romillo, the story continues, received confirmation from an employee that the said amount had indeed been delivered, he wrote to the then candidate to confirm it again, the latter responding that everything was ok and thank you 100,000.
After analyzing the complaint, the judge points out that the facts presented could constitute a crime of illegal financing of political parties and agrees to open a separate case to investigate these facts. It also indicates that the documents accompanying the complaint provide it with verisimilitude, so that the necessary requirements for its admission to processing and the carrying out of investigative procedures are met. It emphasizes, however, that admission to proceedings does not yet constitute an act of judicial accusation, although it allows the accused to begin to defend himself in the process in accordance with the provisions of article 118 of the Criminal Procedure Law.
Calama details in his writing that the crime of illegal financing of political parties is a crime of mere activity, which is why it does not require a result to be produced. That is, it is understood to be consummated with the mere conduct, without the need for the result to occur. “The mere delivery, or receipt, would consummate the crime, so that, knowing that the contribution is intended for the party, and that it also violates any of the prohibitions (of the Political Party Financing Law), the crime would be committed.” . There is no need for acceptance or any additional procedure, but only the factual fact of the delivery of the donation in question,” he analyzes.
The complainant, Álvaro Romillois also presumed responsible for the crime, so the court agrees to change the status of witness that would correspond to him as a complainant to that of being investigated, so that he can exercise his right of defense. The judge has also scheduled his statement for November 20.
