The businessman Juan Francisco Rosa faces another criminal case that had not come to light until now, in which the Provincial Prosecutor's Office of Las Palmas is asking for 5 years in prison and a fine of 7 million euros for a crime against the Public Treasury. In the procedure, whose investigation is already closed, the businessman Rafael Lasso and another of his partners, José Cecilio Salces, are accused along with Rosa, for whom the Public Prosecutor's Office is asking for the same penalty, that is, another 5 years in prison and a fine of 7 million euros for each one.
In addition, the Prosecutor's Office demands that the three jointly and severally compensate the Tax Agency with more than 1.5 million euros, which is the amount they allegedly defrauded the Treasury. The company Management Los Clicos S.L., through which the alleged crime was committed, is also accused as a legal entity. For the company, a fine of 3 million euros is requested, in addition to the obligation to jointly and severally respond for the compensation of 1,543,324 euros, plus the corresponding interest, to the Tax Agency.
The indictment also asks that Juan Francisco Rosa, Rafael Lasso and José Cecilio Salces serve an additional sentence, losing the possibility of obtaining subsidies or public aid and the right to enjoy tax or Social Security benefits or incentives for a period of 6 years. And the same accessory penalty is also claimed for the company Management Los Clicos.
"Clear intention to defraud the Public Treasury"
The events that will bring these three businessmen to the dock occurred in 2010, when through that company they sold the La Geria hotel, located in Puerto del Carmen, "for a total price of 13,871,000 euros". At that time, "with a clear intention to defraud" the Public Treasury, they "deliberately omitted to make the corresponding declaration regarding the Corporation Tax for the year 2010", according to the indictment signed by the economic crimes prosecutor Tomás Fernández de Páiz.
Two years later, "once notified of the agreements of derivation of liability for debts", they made "a supplementary declaration" for the year 2010, where they "recognized the sale and the consequent profit", quantifying it at 6,755,663 euros. However, "knowing that it was inappropriate", they allocated an important item to the Reserve for Investments in the Canary Islands (RIC) for an amount of 5,140,000 euros, to avoid the payment of the corresponding taxes.
In this regard, the indictment points out that this contravened the regulations twice. On the one hand, because "that allocation had not been agreed upon in due time at the General Meeting of the entity". On the other hand, and most importantly, because that economic benefit "did not come from any economic activity", as required by the law that regulates the RIC, so it could not benefit from those tax benefits. In this way, according to the Prosecutor's Office, they evaded the payment of more than 1.5 million euros, which is the amount that it now demands be paid to the Tax Agency, together with the prison sentences and fine.
Fourth trial pending for Rosa
In his writing, the prosecutor considers that the three businessmen are "co-authors" of the crime against the Public Treasury. In the case of Rafael Lasso and José Cecilio Salces, as joint and several administrators of the company, "through their respective entities Canarias Rent & Investment, S.L., and Ostwind, S.A". In the case of Juan Francisco Rosa, "as a partner and de facto administrator of the company" Management Los Clicos S.L., which has been linked in turn to several companies of Rosa, such as BTL Lanzarote, which is the owner of the Stratvs winery.
For Juan Francisco Rosa this is his fourth pending trial, including the two pieces of the Stratvs case and his accusation in the Unión case. The first time he will sit on the bench will be next June 19, when the first Stratvs trial will start, which is the one that will be held before the Superior Court of Justice of the Canary Islands. Meanwhile, the date of the trial for the other piece of Stratvs is still pending, which remains in the hands of the Provincial Court, after the case was separated due to the immunity of Gladys Acuña. And a date must also be set for the trial of the Unión piece in which he is accused, in which the Prosecutor's Office is asking for 2 years and 3 months in prison and a fine of 15,000 euros for a crime of continued falsification of a public document.
Regarding Stratvs, in his initial indictment the Prosecutor's Office was asking for a total of 15 years in prison for Juan Francisco Rosa, while the popular accusation is claiming 21 years in prison, in both cases for crimes of falsification of an official document, usurpation of property, against land management, against historical heritage and against the environment.
A businessman without assets in his name
In the Stratvs case, Rosa also faces a request for a fine of 267,000 euros and 267,000 in civil liability to compensate the owners of the land he allegedly usurped to build the winery, in addition to another fine of 108,000 euros for his company, BTL Lanzarote. When the opening of the oral trial was decreed, the judge ordered the businessman to deposit a bond to cover those sums, which he did not do. And when not finding properties in his name to carry out seizures, the judge then decreed the lifting of the veil over his companies, which allowed to seize, among other things, an apartment in the so-called Golden Mile of Madrid.
As for Rafael Lasso, he has been charged in other cases along with Rosa, including the Yate case, although the charges against him were dropped. Now, he will sit on the bench with his partner, with whom he shares, among other things, the ownership of the Marina Rubicón marina, and together with José Cecilio Salces. In the case of the latter, the indictment indicates that he already has a criminal record, but for a crime against road safety, for which he was convicted in 2015 by a Court of Las Palmas de Gran Canaria.
During the trial, the prosecutor asks in his writing that two experts from the Tax Agency testify, as well as that the documentation and reports provided by the Tax Delegation be incorporated when this complaint was filed. In addition, he also asks that precautionary measures be adopted before the hearing, ordering that the three defendants deposit bonds to cover the sums to which they could be sentenced, or that if they do not do so, seizures be made on their accounts and properties.
