This Tuesday morning, in the Oral Criminal Court of Rancagua, the mayor of the commune of Rancagua, Juan Ramón Godoy, once again faced a reformulation of charges, this time for tax accusations, an aspect that the Public Ministry is investigating together with the Services. of Internal Taxes.
On this occasion, the defendants, Juan Ramón Godoy and businessmen Diego Barba and Javier Ignacio Cornejo, appeared at the hearing electronically. In the case of Godoy, connected via the internet and serving his current preventive detention, he heard the tax crimes. that are attributed to him.
In the voice of the Prosecutor, Javiera Oro, she reported a series of malicious maneuvers in tax years 2021, 2022 and 2023 regarding the defendants Javier Ignacio Cornejo, Juan Ramón Godoy and Diego Barba.
It should be remembered that this aspect of the investigation is related to the fact that Godoy had arbitrarily favored certain taxpayers through various acts. Direct deals without justification and fragmentation of purchases, which made it possible to avoid everything related to public procurement regulations.
In addition, this meant that fines were not charged for non-compliance and companies were paid for works not carried out. This is how the SII has indicated a tax loss of $474,356,138, which is added to false declarations in tax years 2022-2023 and malicious omission of the annual tax declaration in 2023.
The Prosecutor assured that Godoy, in the years 2022 and 2023, received money from the defendants regarding contracts or tenders intended for them. And in the tax years 2022 and 2023, he received money and assets from the accused Barba and Cornejo, fraudulent maneuvers that led to various tax crimes.
In his annual income statements, form 22, year 2022 and tax year 2023, he underreported his income received in said years for the sum of 54 million 196 thousand pesos and 54 million 180 thousand pesos, amounts that should increase the tax base of his complementary global tax, generating a fiscal loss from said tax of 19 million 600 thousand pesos and 19 million 702 thousand pesos for the tax years 2022 and 2023. In this way Godoy presented maliciously incomplete or false annual income tax returns, regarding the indicated tax years.
In tax year 2022, the defendant submitted his annual income tax return, reporting only salaries, fees and pension withdrawals. While the year 2023 only reported salaries. This is not true information, since in the indicated years Godoy received higher income than those declared, which amounted to 108 million 376 thousand pesos, with a tax loss for both periods corresponding to the sum of 39 million 356 thousand pesos.
For his part, the accused, Javier Ignacio Cornejo, did not report profits of more than 8 million for the 2021 tax year in his companies and as an individual entrepreneur. His banking transactions are not supported by the sales that support his companies and, in tax year 2023, he omitted the income tax declaration, causing a tax loss of more than 81 million pesos.
Regarding the accused, Diego Barba, in the tax years 2022 and 2023 he provided maliciously incomplete or false information, generating a tax loss of 13 million in 2022 and in 2023 for more than 2 million pesos. He declared salaries, fees and withdrawals from AFP, not including payments and transfers. This is maliciously false information by not including all of his income in the income tax return with a tax loss of 15 million 400 thousand pesos, consummated crimes.
Following what was stated by the Prosecutor, it was indicated that the defenses of the accused will receive the respective reports to analyze and, if necessary, they will submit their accusations to the indicated facts. Regarding the modification of precautionary measures, the Public Ministry did not make requests in relation to those that were previously decreed, as it is a cause that has not been separated from the initial investigation.
As for the State Defense Council, it made allegations regarding the precautionary measure of Javier Cornejo, since the CDE argued that the precautionary measure should be replaced by preventive detention and not by the one that it complied with, that of total house arrest, al Those charged are all crimes punishable by crime.
The defense opposed this measure, arguing that the reformulation cannot violate constitutional guarantees, understanding that the complaint was filed prior to the hearing on April 9 and 10. Added to this is that the statement given by the accused, the defense maintained, was useful to the SII, for what was stated in the hearings. Finally, the judge determined that the facts described in the reformulation do not change the procedural situation of the accused, so the request for preventive detention was rejected, maintaining total house arrest.
GODOY’S DEFENSE SEEKS TO REVERSE PRISON
The defense of Mayor Godoy, in the voice of the lawyer, Hugo Zamorano, assured that although the Internal Revenue Service has the powers to exercise the corresponding criminal actions, they understand that data has been released that requires considerable precision, so They need an investigation. He added that they are waiting for the deadline for said investigation to end to discuss it in an oral trial.
The lawyer indicated that an appeal for protection was filed before the Court of Appeals of Talca, which is being processed, with an appeal in the Supreme Court, since they understand that the resolution of preventive detention does not meet the substantiation requirements that required by law to decree the most burdensome precautionary measure.
Regarding the tax crimes, the defense maintains that the facts are not duly determined, in terms of uses of money attributed to Godoy, nor has the alleged tax damage that would have occurred with these behaviors been determined.
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