ECIJA & Bufete Choclán absolve their clients in Aristrain case

ECIJA & Bufete Choclán have absolved their clients of all responsibility in the Aristrain case

pjimage 2022 01 21T121806.819ECIJA has assumed the defense of the Luxembourg company JMAC BV Corporation, which the Prosecutor’s Office and the State Attorney’s Office considered civilly responsible for the crimes against the Public Treasury for which they accused the businessman José María Aristrain de la Cruz. The accusations requested, in their final conclusions, that Corporación JMAC BV be ordered to pay more than €131.9 million in civil liability and to pay more than €263 million in fines.

The Judgment issued by the Second Section of the Provincial Court of Madrid absolves the businessman José María Aristrain de la Cruz (defended by the lawyer Ignacio Ayala) of all the crimes against the Public Treasury for which he was accused, also rejecting any type of responsibility for the corporation of JMAC BV Corporation.

In relation to Corporación JMAC BV, the Judgment fully assumes the thesis of its defense that the constitution of JMAC BV was nothing more than the legitimate exercise of the freedom of establishment, admitted by the jurisprudence of the Court of Justice of the European Union, even when its purpose is to obtain a more favourable tax treatment.

Similarly, the Judgment considers that the effective address of JMAC BV was not in Spain, as the accusations maintained, but in Luxembourg, as its Lawyer Pablo Jiménez de Parga (pictured left) of ECIJA affirmed, providing for this purpose a detailed expert report prepared by KPMG , signed by its partner Pablo Bernad.

The remaining companies that the accusations considered civilly responsible, successfully defended by Bufete Choclan and its team composed of José Antonio Choclán (pictured right) and Jesús Villamor, have also been acquitted of any civil responsibility.

Michael Heron