The Seventh Section of the Seville audience plans to start this Monday the trial of the piece of the macrocause of the irregularities detected in the venture capital company Invercaria, attached to the Andalusian Innovation and Development Agency (IDEA), corresponding to the loan of 100.000 euros granted by the same to the society of Tarragona Lolita Canalla, dedicated to the textile and accessories sector.
In his indictment, the Anti-Corruption Prosecutor’s Office files charges against former Invercaria president Tomás Pérez-Sauquillo, already sentenced to three and a half years in prison for Invercaria’s loan to the company Aceitunas Tatis, to two years and three months in prison for the personnel expenses of the aforementioned entity and to three years and one day in prison and six years and one day of absolute disqualification for the participative loan of 300,000 euros granted to the Jaen company Find.
For him, the Public Ministry claims six years in prison and ten years of disqualification for a crime of embezzlement of public funds and another ten years of disqualification for a crime of prevarication, in relation to the 100,000 euro loan granted by Invercaria to the Lolita Canalla company.
Also, already having account of these same crimes, the Prosecutor’s Office claims two and a half years in jail and eleven years of disqualification for the former administrator of the aforementioned company, María Malo, and for her head of advertising and communication, Ignacio Jarillo, who was the person in charge of the negotiations and conversations with Invercaria to obtain the loan and who was in charge of preparing the documentation that was delivered to the company and holding the meetings with those responsible.
Similarly, the Public Ministry requests that the three defendants jointly and severally compensate the IDEA agency in the amount of 100.000 euros.
The Prosecutor’s Office reports that the company Lolita Canalla was incorporated with a share capital of 3,006 euros on July 12, 2005 in Tarifa, its corporate purpose being the design, manufacture and sale of textiles and accessories, so that in February 2006 it had a share capital of 55,000.80 euros.
“Delicate” economic situation
As stated, Lolita Canalla had at the date of the events loans with financial institutions for a total value of 1.194.000 euros “and it was in a delicate financial and economic situation that made it resort to various means of financing”, progressively decreasing both its value and its sales “to the point that in 2008 it settled for VAT 47,016.07 euros.
In addition, the company deposited 2009 accounts “out of time” and “was in legal cause of dissolution on the date of requesting the loan and initiating contacts “with Invercaria, says the Prosecutor’s Office, adding that, to gain access to the environment of this society,” the friendship and neighborhood relationship “that Ignacio Jarillo had with Pérez-Sauquillo was decisive .
Thus, and before February 2009, Ignacio Jarillo requested a meeting with the former president of Invercaria, “an appointment requested and attended thanks to the aforementioned relationship”, in which the former “exposed the problems” to Pérez-Sauquillo. and requested financing through Invercaria“, according to the Prosecutor’s Office.
As indicated, at said meeting “was summoned on the fly” who was director of Promotion of Invercaria Cristóbal Cantos, “whose presence was immediately requested by the accused in order to present the project” and who was director of the department of Promotion, department “by which the start-up of the Invercaria analysis procedure established in the Master Plan should have begun.”
Thus, on February 5, 2009, Cantos, accompanied by an Invercaria employee, went to the company’s facilities in Tarifa, where they were received by María Malo and Ignacio Jarillo, after which a new meeting took place on May 12, 2009. At the Invercaria facilities where Pérez-Sauquillo and Laura Gómiz, who was the managing director of the public company, were present, as well as Cristóbal Cantos and the representatives of Lolita Canalla, according to the account of the Prosecutor’s Office.
The Prosecutor’s Office assures that, in this last meeting, “there were patents the company’s cash needs, in addition to the fact that the situation of the economic crisis was aggravating their relationship with suppliers “, and a Business Plan contributed by Ignacio Jarillo was delivered which,” although it contained a Power Point-type document with various photographs and presentation of the company, It did not contain financial analysis as such, nor a business plan. “
On May 18, “and since Invercaria did not start the project and consequently did not grant financing”, María Malo, “harassed by the situation”, telephoned Cristóbal Cantos and, “given the scant progress of the request of investment, asked him for advice for other avenues of public investment “.
“How many never performed project analysis of Lolita Canalla, did not even consider it suitable for an investment in it, according to the type of entities to which the public aid was directed, “remarks the Public Ministry, which adds that Pérez-Sauquillo” claimed the project for himself “and” decided to grant a loan “to the company.
“Pure liberality and discretion”
For the granting of this loan, according to the Prosecutor’s Office, “there was only the so-called Business and Innovation Plan by the company and a risk report by a third company called On Line Axesor “in which an investment risk analysis is carried out and which classifies the company” at moderate risk due to the probability of default, with the recommendation of granting of credit 7.200 euros“.
The Public Ministry asserts that “no investment proposal has been made and not a single positive report“by Invercaria, so the investment is due “to the pure liberality and discretion” of Pérez-Sauquillo, who “while still acting within its powers, clearly lacked the procedure” described in the Master Plan “and without it being a scalable project, as the entity’s own venture capital projects were called”.
Furthermore, “it was not approved or even informed by the departments of Invercaria, such as the management and investment committee“, says the Prosecutor’s Office, which adds that the loan that Pérez-Sauquillo” decided to give “to Lolita Canalla” was not participatory, the usual modality with which Invercaria invested in third companies “, had a duration of five years and expired on 29 July 2014.
Finally, the loan that the former president of Invercaria granted to this company was 100,000 euros, “without any amount resulting from it has been paid“, noting that,” in view of the non-payment “by Lolita Canalla” in all its installments “, Invercaria urged the claim of the capital and interests before the courts of Algeciras.
To conclude, the prosecutor asserts that, on the date the loan was granted by the former president of Invercaria, the mercantile “was in dissolution cause”.
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