The head of the Central Court of Instruction number 3 of the National Court, María Tardón, has ordered the directors of the Grupo Industrial Riesgo who are accused in the Alcoa case to restore “the amounts withdrawn for a total amount of 13,000,000 euros originating from the credit policies subscribed by the companies that own the production plants “, as recorded in an order of September 28, to which he has had access The newspaper of Spain. In the resolution the magistrate specifies that the “only destination” of this money must be “guarantee the existence of funds to finance the working capital operations of the plants activity “.
The so-called Alcoa case began as a result of the Confederation of Professional Staff (CCP) filing a complaint in the National Court after the multinational Alcoa Inespal SL sell two factories for a dollar that it had in Asturias and Galicia the Swiss investment fund Parter Group, which a few months later transferred 75% of the shares of the acquired firm to Grupo Industrial Riesgo for 13 million euros.
However, the funds used by the latter company to buy the Avilés and A Coruña plants, which are now two companies called Alu Ibérica AVL and Alu Ibérica LC, were provided by the aluminum production centers themselves, then held by the investment fund of the Helvetic Confederation.
“Replace the money without delay”
Therefore, the intention of Tardón, which considers that this financial operation “clearly contravenes the prohibition of financial assistance” provided for in the law, is to oblige the current owners of the two former factories of the multinational -Alu Ibérica AVL and Alu Ibérica LC – to “proceed to replenish without delay the commitment of financial support to the production plants “of Avilés and A Coruña, as stated in the aforementioned order of September 28, which recalls that the companies are now under the control of a judicial administrator.
In the resolution, the judge provides an account number to those investigated so that they can restore “the required amounts”, at the same time that he claims the administrator of the company System Capital -the instrumental company that Grupo Riesgo used to buy the factories-, Luis Losada Gómez, for you to specify “where are the monetary funds of each of the companies subject to judicial administration, especially Alu Ibérica LC. and Alu Ibérica AVL “.
In this way, complete the car, it can “be faced the payment of payroll and other salary concepts, as well as other essential expenses to guarantee the essential services and the indemnity of the facilities (supplies, telephony, security service, etc.). “In Avilés, the Alu Ibérica workers have not received their payroll for September, according to La Nueva Spain.
They did not file taxes
In addition, the administrator of the instrumental company should go to the Central Court of Instruction number 3 to “indicate the reason why Corporation Tax has not been filed of the 2019 financial year of the companies Iberian Green Aluminum Company SL, Alu Holding AC Spain, Alu Holding AVL 2019 Spain SLU, Alu Ibérica LC and Alu Ibérica AVL “.
In the order, the magistrate also reveals that so far both the communications made by the Central Court to the Grupo Industrial Riesgo, which lacks legal personality, and those addressed to the rest of the companies allegedly involved, including the law firm Ackermann and Schwartz Attorneys at Law, could not be delivered due to having an “unknown” recipient.
On the other hand, this newspaper has had access to a new report prepared by the agents of the Central Unit for Economic and Fiscal Crime (UDEF) on September 24 in which raise doubts about the performance of Alcoa Inespal SLU, who sold the plants to those investigated, but who is not imputed in the case as a legal person.
Alcoa released funds
Specifically, the Judicial Police maintain that the operation in favor of the investigated parties consented to by the international firm was “inadvisable”, a “circumstance of which, although it had not been aware initially, it would have been subsequently consented to by the multinational, as shown the fact of have released the funds that were consigned notarized before the breach of the contract by the initial buyer “, concludes the police report.
El Periódico de España has contacted a spokesperson for the multinational Alcoa Inespal SLU who recalls that the sale process of the Avilés and A Coruña plants “was promoted, supervised and endorsed at all times by the Ministry of Industry and counted with the support of the Autonomous Communities of Asturias and Galicia and the representatives of the workers “. “The fact that Parter sold the majority of its shares in Avilés and La Coruña to GIR”, completes the spokesperson, “was a breach of contract, and Alcoa has sued Parter for not complying with the contract“.
As for Alcoa’s alleged involvement in the facts investigated in the National High Court, pointed out by the unions in a press release, the multinational maintains that the “accusations that are poured are absolutely false“.