Former Director-General of Labour in Andalucía sentenced for misappropriation of public funds
Seville's Provincial Court has handed down a one-year prison sentence and five-year disqualification from office to Daniel Alberto Rivera for the irregular payment of a subsidy in connection with the ERE case.
Former Director-General of Labour in Andalucía sentenced for misappropriation of public funds
The Provincial Court of Seville has ruled against Daniel Alberto Rivera, who held the position of Director-General of Labour and Social Security at the Andalusian Regional Government. The court has imposed twelve months' imprisonment and a five-year disqualification from holding public office or employment, finding him responsible for aggravated administrative misconduct involving embezzlement of state funds.
According to ABC, the ruling, made public on Wednesday, sanctions the former senior official for ordering in September 2010 the payment of 75 per cent of an exceptional socio-labour subsidy intended for a company in Alcalá de Guadaíra. The diverted amount stands at 37,500 euros, a sum which he must repay to the Andalusian exchequer.
The judges were emphatic in describing the conduct of the defendant, considering that he prioritised his interest in delivering "without any oversight an unlawful grant" over compliance with regulations. The court stressed that Rivera, with his previous track record in administration, was well aware of the "absence of legal basis" for the grants being awarded.
The award of the grant presented multiple irregularities from the outset. The supporting documentation lacked a signature, initials and case reference number. The State Audit Office subsequently verified that the subsidy was approved without legal authority, without a regulatory framework, with complete arbitrariness and in disregard of the principles of publicity, competition and objectivity. Subsequently, the Regional Government itself declared the grant null and void for having been processed "in complete and absolute disregard of the legally established procedure".
The sentence is considerably lighter than what was sought by the prosecution: the Anti-Corruption Prosecutor's Office and the PP-A requested four and a half years' imprisonment, whilst the Andalusian administration itself sought two years. This reduction is due to the mitigating factor of undue delays, given that the facts date from 2010 and nearly 16 years have elapsed until the sentence, a period which the judges describe as "excessive".
The court ruled out the document falsification charge brought against him, interpreting that the incorrect reference to a regulated case file was due to an automated format for resolutions rather than deliberate manipulation. The defence, which demanded acquittal, retains the possibility of appealing to the Andalusian High Court of Justice.
Data from ABC
Source: ABC