In-depth review of Hércules CF case: proceedings, repayments, and ongoing investigations

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In a case involving Hércules Club de Fútbol, the judge chose to keep the proceedings against the Alicante club and a separate suit against Caja Rural ongoing amid concerns about a potential uprising of the entities involved.

An Inspector from the Tax Office Collections Department testified before the magistrate investigating the leadership of Hércules CF and the Hercules Foundation. The testimony raised questions about a fund transfer reportedly equivalent to 2 million, connected to the transfer of Abdessamad Ezzalzouli to a blue-and-white club, a move now linked to Osasuna after Abdication. The evidence suggested that the debt owed to public coffers since 2011 was not being met, with the organization facing scrutiny for its financial obligations.

The Prosecutor’s Office and the Tax Office allege that the funds were moved to a Foundation account and then divided, with a sequence of 34 checks described as part of a tactic to circumvent an embargo. Investigators say this maneuver was intended to obscure the flow of money and delay rightful enforcement actions.

A complaint filed by the Alicante Prosecutor’s Office last June, following a petition from the Tax Administration, sought payment of 3.5 million euros tied to debts carried by the club since 2011, a debt portfolio tied to the club’s creditors’ arrangement at that time.

Before Judge Maria Luisa Carrascosa, the inspector characterized Hércules’ contract with the Tax Office as unique. He noted that the club had made regular payments through 2016, then halted and reported the pause in January 2017, a lapse that drew regulatory attention.

Guaranties had been fulfilled, yet the club could not collect, triggering the execution route. It was learned that the club had received 2 million for Abde’s transfer in August 2020 and that CaixaBank, the issuing bank, was contacted in connection with the checks. The inspector confirmed that the funds’ origin was not illegal and met the Treasury’s information requirements. This bank, also investigated in this matter, was later excluded from the ongoing proceedings.

The inspector agreed with investigators that the two million euros were used to cover payroll, taxes, and ordinary operating expenses for the club. Nevertheless, Hércules reportedly retained an obligation to settle the 3.5 million-euro debt outlined with the Treasury, plus an outstanding amount of 480,000 euros.

The club’s rejection of information requests from the Treasury regarding the 34 checks of 60,000 euros each, received by Abde, was interpreted as a sign of concealment and a reluctance to meet tax obligations in good faith. The money appeared in the form of checks rather than an active, reactivated account, and it was confirmed under oath that there was nothing to seize when a lien was requested on balances.

Regarding the transfer of funds from the blue-and-white club to the Foundation, witnesses described it as fictitious, according to the Tax Office’s investigation, which found no necessary justification for the transfer.

The matter progressed to an open compromise offer after a lawsuit was filed through enforcement. Hércules stated to the Tax Office that the offer had been rejected because the guarantees were not true and because there was little trust in the process.

Last Friday, the third round of testimony began in mid-July, involving leaders of Hércules and the Foundation and the individuals in charge at Caja Rural. The proceedings concluded with a development that could extend the instruction toward clarity, pending a judge’s request for further illumination from the parties and the State Attorney, while aiming not to unduly prolong the case.

In summary, the case centers on alleged irregularities in transfers and guarantees, a pattern of compliance gaps, and ongoing efforts to reach a definitive resolution through judicial channels. The process continues to scrutinize the financial dealings of the club, its affiliated foundation, and the involved banking institution, with authorities seeking a transparent account of past debts, payments, and the true provenance of funds.

Attribution: Official judicial records indicate ongoing litigation and investigative activity related to the club, its foundation, and the associated financial entities. Details herein reflect statements and positions presented during the proceedings as reported by the competent authorities.

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