Ildefonso Falcones denies the fraud to the Treasury of 743,500 euros and assures that his brother was handling his tax issues

The writer and his wife have sat on the dock of the criminal court number 25 in Barcelona

The writer at trial

“I have no knowledge” or “he asks me things that I do not know.” They have been the most heard phrases during the statement of the writer Ildefonso Falcones before the Criminal Court number 25 of Barcelona that is prosecuting him for allegedly defrauding the Public Treasury of 743,500 million euros in the payment of personal income tax for the years 2009 and 2010. For these crimes Prosecutors, the Prosecutor asks for 6 years in prison and a fine of one and a half million euros for him and his wife, also prosecuted. In his intervention, Falcones explained that he was a lawyer, specialized in commercial law, and that for many years he combined his profession with writing but without success, since it was his wife who was in charge of taking it to publishers and trying to get it published but without success. success.

It even got to self-publish a first novel that barely had copies. In the trial, he highlighted that he spent 5 years with ‘La Catedral del Mar’ until he finished it in 1999 and then they took it to various publishers but without success. Through an acquaintance, he got an editor to read it and thus began his relationship with an agency that allowed its publication. For this reason, he decided to cede the rights to the society managed by his wife since “70% of the work was her, if she had separated from me, ‘La Catedral del Mar’ would have remained.”

Pay a debt

In this way, respond to the Prosecutor who considers that the writer, represented by the lawyer Emilio Zegr, created a corporate network “in order to avoid the due payment of tax obligations” for his income, allegedly helped by his wife. In addition, it remarks that the brother of the writer, who was charged but died in 2019, collaborated with the fraud by assuming “ownership that de facto correspond to his brother Ildefonso over the companies that held their copyright of the latter’s works, for which transferred these rights to non-resident entities in Spain with formal separation from the defendant, but controlled de facto by the defendant. With this they managed to hide from the Public Treasury the obtaining of important economic returns, transferring said income to zero or reduced countries. taxation “.

However, Falcones declared that his brother was in charge of tax matters and that he learned about the entire business network later, when they had problems with the Treasury, for which “I have given orders to dismantle everything” but he could not because of the situation generated by the coronaviruses that make it difficult to carry out these operations internationally, since they are companies that are in countries such as Ireland or Cyprus. In addition, he has remarked that in the last two years his health has been very delicate with numerous operations in which parts of his liver and lung were removed.

The writer explained that his brother was the only one who went to help him in case of need, such as his debts with the Treasury before his first novel became a success and that is why he lent him 40,000 euros and about 3,000 a month. In return, she pledged herself to him for the next 10 works that he was going to write and hoped to publish, as well as managing the partnership he had with his wife. “It was all he had, a book that could be published and the will and desire to continue writing, I sell a future” declared Falcones and added that from that moment on it is his brother who is in charge of the taxation of their companies and companies. he dedicated himself to writing

house seized

Thus, he pointed out that Rafael Falcones was an economist and businessman as well as an expert in international taxation and that is why “he allowed me to advise him.” “My brother had a very clear intention: Titling, having authors and selling author titles and he tried, it didn’t work out, and then with the success of ‘La Catedral’ he took it all,” explained Ildefonso Falcones in reference to the network of societies it has. Even his family home in Barcelona is in the name of a company, whose owners were the brothers, to which the writer continues to pay rent. An embargo of about two million euros weighs on this house for this procedure: “the owner is the court,” indicated the author.

In his judicial statement, his wife assured that “I trust my husband, I trusted my brother-in-law since they are not criminals, they are people who have worked all our lives to get ahead.” For this reason, the Prosecutor considers that she was an accomplice and has lowered her initial sentence from 9 to 3 years in prison. For Falcones the Public Ministry claimed 9 years and now asks for 6 when considering that in 2011 he did not commit this crime against the Treasury.

The couple at trial
The couple at trial

The prosecutor maintains that the writer, with the help of his wife, defrauded the Treasury in the payment of personal income tax for the benefits obtained with the works ‘La catedral del Mar’, ‘La Mano de Ftima’ and ‘La Reina Descalza’, both by Spanish editions as well as by foreign ones. To do this, they allegedly sold the copyright of these books to companies based outside of Spain, such as Ireland or Cyprus, which controlled the defendants. The prosecutor believes that this financial framework served to pay less taxes since the publisher negotiated with Falcones himself or with his brother the offers of publication of his works abroad or the sales reports without referring to the companies “formally holders of the economic copyright “. The writer points to his brother as the person who controlled this entire corporate network that he was unaware of.

This same argument is the one that he presumably uses in the other open judicial case that he has in another examining court in Barcelona for fraud against the Treasury in 2013 and 2014, using the same method of the corporate network. At the moment, the writer is pending the resolution of the first trial.

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