The confessions of businessman Julio Martínez Martínez and the executives of the airline Plus Ultra, owner Julio Martínez Sola, and the company’s CEO, Roberto Roselli, are valued as a “great advance” by the various investigation sources consulted by EL MUNDO.
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Both the National Court judge José Luis Calama and the Anti-Corruption prosecutor Elena Lorente believe that these collaborations allow them to accelerate the investigation opened into the state rescue of 53 million euros received by the airline Plus Ultra. They believe that the momentum gained, described as “a giant step,” with the respective confessions places former Prime Minister José Luis Rodríguez Zapatero in a very delicate legal situation.
The legal sources consulted indicate that the testimony provided by Julio Martínez Martínez helps to tie up the influence peddling regarding the airline’s rescue, although it is still unknown who former President Zapatero influenced within Sepi or the Government of Pedro Sánchez.
For their part, fiscal sources indicate that the actions of the former PSOE leader could fall under an aggravated influence peddling offense typified in article 429 of the Penal Code. This article states the following: «Any individual who influences a public official or authority, taking advantage of any situation derived from their personal relationship with them or with another public official or authority, to obtain a resolution that may directly or indirectly generate an economic benefit for themselves or for a third party, shall be punished with prison sentences of six months to two years, a fine of one to double the benefit sought or obtained, and prohibition from contracting with the public sector, as well as the loss of the possibility of obtaining public subsidies or aid and the right to enjoy tax benefits or incentives and Social Security for a period of six to ten years. If the sought benefit is obtained, these penalties shall be imposed in their upper half».
In Anti-Corruption, they consider that the benefit required by the criminal offense was obtained with the collection of a 1% commission on the amount of the Plus Ultra rescue by Zapatero and that, furthermore, influence was exerted to ensure that the Council of Ministers granted state aid to the company – the former president anticipated to clients, through Julito, that the rescue would be approved -.
The payment of the ‘kickback’
Both the Alicante businessman Julio Martínez Martínez and Martínez Sola and Roselli have admitted to paying the kickback of 530,000 euros; Zapatero’s alleged front man having explained to the judge that it was the former president who decided that the payments should be broken down to collect the illegal commission after the publication of the first journalistic reports questioning the rescue.
In separate writings, Plus Ultra officials have revealed that the payment of the 1% commission for the rescue was broken down into payments made to different companies controlled by Martínez Martínez, «paying 249,000 euros to Análisis Relevante, 98,617.53 euros to Voli Analítica SL, 110,799.47 to IOT Domotic Europe SL».
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Likewise, Martínez Sola and Roselli explained that «although Mr. Martínez Martínez initially intended to receive the full amount to complete the 530,000 euros committed, he accepted that the payments included an in-kind payment valued at 69,000 euros, consisting of business class tickets that Plus Ultra made available to him during 2021 and subsequent years». «Although a formal closing of the figures remained to be done, materially the amount paid fulfilled the aforementioned 1%», they added.
Finally, the investigation sources consulted consider two other facts «very relevant». On the one hand, that Julito Martínez has admitted that Zapatero was behind all the activity of Análisis Relevante – «he has confirmed the setup around this company» and the falsity of the alleged services provided, they indicate – and, on the other hand, that the three investigated parties have confirmed with their confessions the mobile phone messages of the former Plus Ultra shareholder, Rodolfo Reyes, largely closing the door to the nullities argued by the defense of the former Prime Minister.
As this newspaper reported last Tuesday, these testimonies, ratifying point by point the content of those phone messages, allow this information to be de facto included in the procedure through the confession of the accused.
Investigators believe that it will thus be much more difficult for the Constitutional Court presided over by Cándido Conde-Pumpido – a friend of the former socialist president – to save Zapatero from an eventual conviction with some unexpected move.
Along with influence peddling, the former PSOE secretary general is accused of money laundering in the main case initiated by Judge Calama and of tax fraud and smuggling in the separate case opened after the discovery of the jewel loot.
