Agents of the National Police have carried out Operation Bolo in the province of Toledo, with investigative actions directed against Social Security fraud in sectors as diverse as hospitality, marketing of food products, advertising, restoration, locksmithing, carpentry metal, promotion and sale of homes, manufacture and sale of livestock equipment. The total fraud amounts to 1,424,323.90 euros. Two people have been arrested and another three investigated but not detained for their alleged participation in crimes against social security and frustration of the execution
The investigations began in July 2020, after receiving several written complaints from the General Treasury of the Social Security in which police action was required in the face of various allegedly irregular actions carried out by the administrators of different companies, in order to evade their payment obligations with Social Security. These companies were located in the judicial districts of Toledo and Torrijos.
The employers of the investigated companies did not pay their own social insurance or that of their workers, thus increasing the profit margin in commercial activity and the consequent damage to the General Treasury of Social Security, without requesting bankruptcy as recognition against creditors of the inability to meet the payments due.
In the equity analysis of the companies and their administrators, it was found that in all cases the intention was to evade the payment of the debt and frustrate the legitimate aspirations of the Treasury to collect, creating opaque business successions and front companies that concealed profits and losses. assets of the investigated companies.
The agents of the UDEF have been able to determine the criminal participation of 24 natural persons, being mainly the de facto administrators of the companies, their front men or interposed persons, workers who appeared in collusion, as well as relatives of the first, being accused of crimes Against Social Security (contribution fraud) and Execution Frustration.
One of the investigated companies, located in a town in Toledo, from the beginning of its activity in 2010, generated debts with the General Treasury of the Social Security due to the systematic and continuous non-payment of contributions. The administrator of this company had successively constituted a total of nine companies, since 1991, in order to cover up the debts generated with Social Security, in breach of the obligation to request the mandatory creditors’ contests, as a sign of transparency vis-à-vis other actors of commercial traffic, minimizing economic damage to third parties. In addition, in order to avoid liens and hide the real benefits of debtors, this businessman created an instrumental company without debts contracted with Social Security, which was used in billing with suppliers, despite the fact that it lacked workers.
The administrator of this commercial network had been the owner in the period from 1991 to 1993 of eight real estate that, after putting in the name of his two daughters, were contributed in the capital increase of a third company, without work activity or workers, in those who were listed as administrators, despite all of which they were hired as workers in another company owned by the father.