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The Tax Agency dismantles two major electronic sector VAT fraud plots

In collaboration with other European administrations. The total amount defrauded amounts to around 300 million euros. The operations were carried out between June 2008 and January 2009 and were not made public so as not to interfere with judicial investigations.

March 9, 2009 . Between June 2008 and January of this year, the Tax Agency dismantled two major VAT fraud schemes in the electronic components sector for a total amount defrauded of around 300 million euros. In the operations, more than 250 properties were seized and the current accounts used for international transfers were blocked.

As the last investigative action in the case, and by order of the Judge, a search was carried out last January at the headquarters of an important electronic material distribution company based in Holland. This company had invoiced 1,200 million euros in the last 10 years, mostly directed to Spain to intermediary companies, known as 'truchas', which distributed the merchandise without VAT. In total, the amount defrauded in Spain is around 140 million euros, while fraud in different European countries amounts to another 160 million euros.

During the judicial search, abundant documentation was seized that is currently being investigated by the Dutch Fiscal Police (FIOD) service. This registration constitutes a first step to extend criminal liability to those suppliers located in member countries of the European Union that favor and encourage the continuation of these frauds. For this, the Tax Agency has had the collaboration of other European Agencies.

For its part, prior to this intervention, the Azahar and Basile operations were carried out in the week of June 23 to 27 of last year, which were the culmination of investigations developed over a year and a half by the Tax Agency. Members of the Financial and Tax Inspection Area participated in them along with members of Customs Surveillance.

The Tax Agency analyzed information from various sources and, in particular, those derived from the collaboration agreement signed by the Tax Agency and the National Committee of BSA (Business Software Association).

These actions demonstrate the commitment of the Tax Agency in the fight against fraud that allowed it to launch in 2005 the 2005 Tax Fraud Prevention Plan, updated in 2008, and the continuous development of investigations to combat these fraud schemes.

Operation Orange Blossom

In Operation Azahar, a plot that profited from two VAT fraud techniques known as “carousel fraud” and “cheap reduction fraud” was dismantled. The first consisted of faking intra-community acquisitions of goods and software that, after passing through two companies of the organization, left our country again, requesting at that time the Treasury to refund or compensate the VAT payments that no one paid.

The organization was controlled by a family group that, following this procedure, allegedly defrauded around 40 million euros in 2007 and 2008.

Portuguese companies and Romanian subjects with criminal records participated in the scheme used. It is the case that the Tax Agency had been following the trail of this organization for years, since complaints for tax crimes had been pending against it since 2002.

In the actions, which took place in Madrid, nine searches were carried out, sealing the company that was the main cause of the fraud. With regard to the measures adopted on the assets of the alleged perpetrators, aimed at compensating for the damage caused, it should be noted that the Court has ordered, at the request of the investigation, the prohibition of the sale of nine properties, as well as the blocking of the current accounts.

Operation Basile

In Operation Basile, the organization detected is considered one of the most active in the world of organized fraud in the electronics sector. It was controlled by a person who had remained hidden from the authorities since he was accused in other proceedings opened in Toledo for events similar to the current ones. The organization had developed a complex network of people who acted as front men and in auxiliary functions depending on the head of the organization. They had companies abroad, both to channel fraud and close VAT carousels, and to launder the money obtained.

The operation took place in several phases, mainly in Madrid but also in Catalonia, Andalusia, the Canary Islands and Castilla La Mancha and resulted in the dismantling of the organization, and the search of 28 premises and addresses from which they operated.

The VAT tax payments that the organization is estimated to have defrauded amount to more than 100 million euros in the last four years.

On the other hand, and from the point of view of the recovery of the contributions defrauded to the treasury, the investigations into the network of front men and intermediary companies of the organization, which also had the services of a law firm, have made it possible to detect and seize more than 250 properties valued at around ten million euros. The current accounts with which international transfers in million-dollar amounts were made were blocked by court order.