The Public Prosecutor's Office (MP) did not pursue the investigation into the case of the 10 billion euros of offshore transfers that were not registered in the central system of the Tax and Customs Authority (TA) and which, in their vast majority, correspond to flows sent from BES. The complaint comes from MEP Ana Gomes, who says she is "shaken and alarmed" in an alert addressed, by letter, to the Attorney General's Office (PGR). The PGR confirmed to the Economic Newspaper that it received the statement from Ana Gomes, which is "under analysis", and reports that the investigation has not yet established defendants.
In the letter, which the Economic Journal had access to, Ana Gomes warns Lucília Gago that the investigation, which is in the hands of the Department of Investigation and Criminal Action (DIAP) of Lisbon and is assisted by the Judicial Police (PJ), has been standing there one year and seven months, after being opened in August 2017.
"The consultation I made to the process showed that since the opening of the investigation nothing has been advanced in the investigation by the DIAP," reads the MEP's letter dated 20 March. "The process consists of successive refusals of investigation by the PJ, to prioritize other investigations, and corresponding requests for extension of the investigation by the Public Prosecutor."
The national directorate of the PJ assured, to the JE that "there are no refusals, there are requests for extension deadlines to proceed with the investigation".
According to Ana Gomes, "the systematic postponement of the investigation can constitute a real attack on the rule of law and, later, raise a suspected complicity in the cover-up of the crimes in question and their perpetrators." It asks the Attorney General to "take the necessary measures to ensure that the investigation is carried out and with priority."
The JE confronted PGR with the contents of this letter, and Lucília Gago's office confirmed that it was received. "It is confirmed the reception in the PGR of an exhibition by MEP Ana Gomes. The same is under analysis, "he told the official source JE, noting that" with regard to the investigation, it is under investigation in the PJ, not having defendants constituted "and that" is subject to the secrecy of external justice ".
Ana Gomes confirmed to JE that she was accepted as an assistant in the process and the letter was sent. "I confirm that I wrote to the Attorney General of the Republic on the subject and that I consulted the process that is in the secret of justice, so I can not go any further," he said.
In the case of the "blackout" there are problems identified in the control of capital transfers from financial institutions based in Portugal. It was in late October and early November 2016 that the Treasury found that the data of 20 declarations sent to Finance by the banks had been processed in installments, leaving out of the central base lines of information in relation to 10.000 million euros, according to the report. "Public" on February 20, 2017. In all, more than 21 thousand transfers escaped control, with a large majority of BES members (see text on page 5).
The investigation was opened in August 2017 and it is now known, through the letter of Ana Gomes, that the process "indicates having as an objective to investigate the existence of crimes of computer sabotage, abuse of powers and prevarication." "It could and should also include the discovery of crimes of active and passive corruption, and those responsible, since it is about discovering that it orchestrated the so-called 'information failure' to prevent AT and Banco de Portugal from exercising proper control over money laundering and tax evasion. "
The investigation was confirmed by the PM to the JE on September 22, 2017 and came after the Government had sent to this entity the audit report of the General Inspectorate of Finance to omitted transfers to offshores – which did not support the improbability of hand intervention and raised more doubts.
For Ana Gomes, "it is simply intolerable that an investigation request made by the Government of the Republic is in practice made impossible by DIAP magistrates and PJ inspectors claiming to have more to do …".
In a letter to the PGR, MEP reports that on March 15, she consulted the process regarding the so-called "fiscal blackout" of a set of transfers carried out between 2011 and 2014 communicated by the banks, but which were not controlled by the Treasury , since they were missing statistics. A case that led the Government to determine an IGF audit, which concluded in the summer of 2017 as "extremely improbable" that the computer problem was due to "deliberate human intervention."
According to Ana Gomes, after the consultation of the process, alarms sounded: "I came shaken and alarmed", stresses in the letter, remembering that the revelation of the case "had, at the time, enormous media impact" and originated an investigation of IGF by the previous secretary of State of Fiscal Affairs, Rocha Andrade, "who considered it insufficient / deficient referred to the PGR".
"Although I can not discuss what I saw in the case, given the secret of justice that still governs the investigation, I can certainly talk about what I did not see. And what I did not see was any real attempt to initiate an investigation by the Public Ministry or the Judiciary Police, "warns the letter to Lucília Gago.
On this last charge, the national board of the PJ advanced to the JE_ that "does not correspond to the truth, since technical examinations and expertise (to the IGF and to the Technician) were asked to clarify some suspicion and clear the way for the investigation".
Article published in the 1983 edition of April 5 of the Jornal Econômico