In a startling admission, Miguel Ángel Gimeno, the director of the Catalan Anti-Fraud Office, has acknowledged that the independent authority has not exercised its power to sanction companies or public entities for irregularities, despite having full authority to impose fines in Catalonia for two years. Although the office celebrated acquiring these powers, it stubbornly refuses to use this authority. Gimeno justified this passivity by arguing that no such power exists in the rest of Spain, and in his opinion, it “makes no sense” for it to be exclusive to Catalonia.
A “Joke” for Whistleblowers: Disappointment Over the Office’s Inaction
Miguel Ángel Gimeno participated in a seminar on integrity and whistleblower protection organized by the National University of Distance Education (UNED) in May. He admitted there that the office has “currently” not exercised its sanctioning power: “It made no sense that in Catalonia, the legal obligations were exactly the same as in the rest of Spain, but once you entered the territory of the Autonomous Community of Catalonia, there was an authority that had this sanctioning power. If you were in the neighboring municipality, the private company or public entity had the same obligation because the law was in force, but there was no authority that could apply it.”
These words have shocked many anonymous whistleblowers who had long awaited action from the office. “He publicly admits that he is intentionally and knowingly granting impunity. That he is not applying the law and the powers transferred by the Parliament of Catalonia more than two years ago, and that he wants to do the same as where there is no authority. A total joke,” explains one of the anonymous corruption informants. Given recent cases that have drawn public attention, such as the irregularities in the Directorate General for Child and Adolescent Care (Dgaia), where investigations by Fraud Prevention Catalonia revealed irregular contracting and the creation of ghost positions, the failure to exercise sanctioning power is even more astonishing. The DGAIA had been one of the third-sector entities that benefited from the ERC government for years. For more information on current cases of fraud prevention, visit Nachrichten.es.
Links to the PSOE and the Threat of Impunity in Corruption Cases
There are also fears that ongoing investigations into illegal salaries within the umbrella organization of TV3 and Catalunya Ràdio will remain without exemplary sanctions. Furthermore, there is concern that the recent PSOE conspiracy in Catalonia, involving Koldo García, José Luis Ábalos, and Santos Cerdán, also risks facing no consequences from this independent body. Since Gimeno took office in 2015, the Catalan Anti-Fraud Office has been significantly staffed by former PSC officials. For example, the current director hired Joan Xirau as deputy director, who was Secretary for Relations with the Justice Administration alongside the socialist Montserrat Tura. Similarly, he brought in Sara Vidal, the former Chief of Staff of the Ministry of Justice, as head of the cabinet, and Laia Espín, who was Minister Tura’s press spokesperson, as head of the administrative office’s communication department.
Pioneer in Whistleblower Protection, Yet Lacking Enforcement Power
In March 2023, the Anti-Fraud Office became the first independent authority at the national level to assume powers for whistleblower protection. The Parliament approved this before the entry into force of Law 2/2023 of February 20, which regulates the protection of persons reporting legal infringements and the fight against corruption. This law was intended to implement the 2019 European Directive on the protection of persons reporting breaches of Union law. After the regulations were passed, the office claimed that as an “independent authority,” it would assume several “additional functions,” such as “exercising sanctioning power.” The office, led by Miguel Ángel Gimeno, can only exercise its sanctioning power as the competent authority “to protect persons reporting regulatory violations and fighting corruption,” but has not yet used this power. The leadership of this independent authority is elected by the Institutional Commission of the Parliament of Catalonia and has no specific renewal date, as its mandate is indefinite.
Comprehensive Sanctioning Options Enshrined in Law
According to Article 65 of Law 2/2023, individuals responsible for minor offenses are subject to fines of 1,001 to 10,000 euros; for serious offenses, between 10,001 and 30,000 euros; and for very serious offenses, between 30,001 and 300,000 euros. Legal entities are subject to fines of up to 100,000 euros for minor offenses, between 100,001 and 600,000 euros for serious offenses, and between 600,001 and 1,000,000 euros for very serious offenses.
Furthermore, if there are indications of a crime, the facts must be forwarded to the Public Prosecutor’s Office, and in the case of administrative offenses, to the competent authority, so that the corresponding sanctions can be imposed. In these cases, the office does not have the power to impose sanctions related to the facts under investigation, but it can issue recommendations for improvement to avoid the risks of inappropriate behavior.
Increasing Complaints, Lacking Consequences
Sources consulted by Nachrichten.es confirm that the independent authority has increased the number of detected actions and irregularities, as well as received complaints, year after year. In the 2022 report, 61% of complaints already came from the anonymous mailbox, and 63 measures were taken by the affected entities and competent authorities as a result of their investigative actions. A total of 554 complaints were received. Data for 2023 only further increases these numbers, to the point where they requested three new positions for the whistleblower protection staff unit this Monday.
According to an office spokesperson, they have a deadline of ten working days to admit all incoming complaints or forward them to the competent body. “If there are indications of irregularities or corruption, the plausibility period begins, which lasts approximately three months and can be archived, recommendations can be made, or it can lead to an investigation, which generally lasts about six months.” Two to three years later, the office’s prevention department follows up on the results to see if they have been correctly resolved and if the entities under its scrutiny have adopted its recommendations. It remains to be seen whether Fraud Prevention Catalonia will use its full powers in the future to effectively combat rampant corruption.
