Agents of the National Police have uncovered on the islands of Tenerife and The iron, both in the province of Santa Cruz de Tenerife, a Social Security fraud carried out through business plots in the construction sector. In total, the damage caused to the General Treasury of the Social Security rises to 981,442 euros, carried out by companies located in the judicial districts of Valverde, La Orotava, Arona and Santa Cruz de Tenerife. Eleven people have been arrested for their alleged participation in business plots involved in a total of 16 crimes.
The businessmen arrested turned out to be responsible for each of these corporate plots, in which the activity was transferred from one to another with the aim of continuing to work without paying the workers’ social security or their own. The company or the individual entrepreneur supported the commercial activity by generating debt, circumventing the consequent executive seizure procedure by employing other commercial companies that substituted the debtors, with the same business reality, management, workers and clients, but appearing to be legal entities. different.
Interposed companies or individuals were used to hide or hinder the identification of the person obliged to pay or the location of their assets and, ultimately, the true person responsible for these illicit actions.. This has led to the imputation of four crimes against social security to those responsible or administrators in fact and to the figureheads or administrators by law, thus generating an important direct fraud due to non-payment of fees and a notable unfair competition with other businessmen in the sector, while they increased their profit margins.
In the patrimonial analysis of the companies and their managers, due to their remuneration data, operations with third parties and volumes of movements of funds in bank accounts, inconsistencies and sufficient evidence have been revealed that indicate the spirit of fraud. The will to avoid executive procedures has also been made evident, through the analysis of the deeds carried out by those involved, which has revealed up to twelve operations in which the execution of the embargoes, initiated in the respective enforcement procedures followed due to debts with Social Security.
The agents determined the criminal participation of eleven people, including those responsible and their frontmen, who are considered perpetrators or collaborators in crimes against Social Security and frustration of execution, in its various forms.
Third parties of ownership and lifting of assets
These business networks have in common the performance of maneuvers in which the detainees had disposed of the assets generated in the construction business, movable and immovable property, to the detriment of Social Security, delaying, hindering or preventing the execution of embargoes in the executive procedures already initiated and notified to the debtor businessmen.
On the island of El Hierro, one of the detained construction businessmen was located, responsible for a group of merchants in the industry, who, mediating the participation of three interposed persons, resorted to a domain third party with the intention of avoiding the embargo. of four urban estates titled by the debtor company. This company accumulated unpaid bills between 2014 and 2018, which gave rise to embargoes on this real estate, frustrated by this maneuver in which the detainee, with the help of up to three front men, used a better right than a third party through the simulation of a previous sale of the aforementioned properties. The investigations carried out revealed that maneuvers had been carried out in order to hide that the true and last owner of these properties, before and after the sale, was always the same person.
In the municipalities of Arona, Adeje, Valle de San Lorenzo and Las Chafiras, another of the arrested businessmen had a relevant presence. In this case, the businessman had been accumulating debts and enforcement proceedings from 2013 onwards as an individual businessman and as de facto responsible for a network of companies headed by figureheads. This businessman is also considered responsible for up to nine operations in which assets are raised to the detriment of Social Security. These are two trucks, six farms and various machinery of relevant value that change ownership, passing on behalf of third parties through purchases to individuals (unrelated and figureheads), donations to their spouse, contributions and capital increases to merchants under their control. .
