The Anti -Corruption Prosecutor’s Office understands that Fernando Peña, the owner of the Office of Lawyers and Fiscal Advisors Nummaria, must already enter prison. The Public Prosecutor’s Office has asked the National Court to celebrate the shift of precautionary measures to state that the prosecutor of his business and his clients, including actors Ana Duato and Imanol Arias, begins to fulfill their penalty.
According to fiscal sources to El País, Anticorruption is studying whether the possibility of appealing that the second section of the Criminal Chamber notified Monday against the prosecutor and for which he acquitted Duato and sentenced to two years and two months in jail to Arias, which will prevent entry into prison after reaching an agreement with the Prosecutor’s Office, which contemplated the replacement of the deprivation of liberty for a fine.
What the Specialized Prosecutor’s Office has already decided is to request immediate entry in prison of Fernando Peña. Anticorruption has asked the Court to judge the one to celebrate the shift of precautionary measures in which he will argue the relevance that the tax advisor enters a penitentiary center without waiting for the sentence to be firm.
The Second Section of the Criminal Chamber has summoned the parties this Thursday to hold this glimpse, regulated by article 505 of the Criminal Procedure Law, legal sources have reported. The Court will listen to the arguments of the accusations and the prosecutor’s defense before deciding whether to send a prison to Peña or puts less burdensome measures such as the withdrawal of the passport, the prohibition of leaving the country or periodic appearances in the court. To do this, one of the factors to take into account is the risk of existing escape.
Although Peña has been sentenced to 80 years in prison – which is not yet firm, since the sentence can be appealed to the Appeals Chamber of the National Court and, subsequently, before the Supreme Court -, at most it will only be nine years in a penitentiary center, by the application of the rule known as Triple of the Major (regulated in article 76 of the Criminal Code). It is a legal limit that applies to those convicted of several crimes, which prevents the conviction from exceeding the time for which the most serious penalty of all sets is imposed. In the case of the Fiscal Advisor, the greatest conviction is three years for fiscal crime.
Framework to facilitate opacity
The Second Section of the Criminal Chamber of the National Court considered that Fernando Peña, a well -known prosecutor who is responsible for the creation of a corporate network with headquarters in national territory and abroad, especially in Costa Rica and England, but also in Canada, Uruguay and Luxembourg, to facilitate the “opacity of the operations of the Nummaria office, or“ deliver them ”to the clients in order to hide their economic operations “Well, in front of the Public Treasury, well in front of other third and legal persons that have a credit right against those.”
For this, the prosecutor had the collaboration of lawyers, economists, fiscal technicians, accounting and administrative assistants to develop their advisory activity, although the sentence emphasizes that the management and control was “personal and direct” of Peña.
In addition to hiding the income obtained with his business, he also made available to his clients his structure to obtain tax benefits. Thus, it happened with Imanol Arias and Ana Duato, who have been splashed by this judicial cause for the fraud of two million euros and 1.9 million, respectively, in relation to their income from their work in the well -known series Tell me how it happened. and assume a penalty of two years and two months in prison, substituted by a fine; While her cast partner was acquitted since there was no evidence that she had sufficient tax and business knowledge to realize the illegality of the maneuvers of her fiscal advisor.
In order to minor the taxation of the Income Tax of natural persons (IRPF) and guarantee a “retirement plan”, as Duato explained in the trial. He mode of operation It consisted of giving the image rights to companies controlled by Nummaria, and particularly by Peña, through which contracts with third companies were signed, and thus invoicing part of the services performed by the interpreters and the other as life income, from which a 60%bonus can be enjoyed.
