The Court of Bizkaia sentenced the former DYA president to five and a half years' imprisonment for diverting 2.9 million euros
The court finds it proven that the defendants acted with "predatory intent" to improperly enrich themselves through a business triangle that massively diverted NGO funds.
The Sixth Section of the Provincial Court of Bizkaia has ruled against the two most responsible for the massive diversion of funds from the emergency association DYA Bizkaia.
Fernando Izagirre, president and general coordinator of the organization between 2016 and 2021, has been sentenced to 5 years and 6 months in prison and to a fine of 10,800 euros for the offences of qualified misappropriation and accounting falsehood.
His partner Juan Diego Gallardo has been sentenced to four years and six months in prison and a fine of 8,100 euros for misappropriation.
The judgement finds it proven that, between April 2011 and November 2016, the two defendants, "in collusion" and "for illicit profit", organized a transfer of 2,906,570.78 euros from the DYA accounts in Bizkaia. The money was first transferred to Emergencias Plus and from there to Ambulancias Barcelona SA, companies under their control.
The Court has also agreed that the two defendants should jointly and severally compensate DYA Bizkaiafor the aforementioned amount (€2,906,570.78), although, on the basis of the facts established in the judgement, the former partner of the former president of the DYA in Bizkaia must contribute a portion of the compensation of up to €2,240,007.57.
"Predatory vocation": a strong jury assessment
The Court has been clear in its explanations of the facts, and has not taken into account the explanations given by the convict, on the grounds that they have been "implausible", "illogical", or "refuted" by the evidence.
The court concludes that the triangle formed by DYA Bizkaia, Emergencias Plus and Ambulancias Barcelona "went beyond the mere management of the two defendants who controlled and piloted", to the detriment of the companies administered, to engage in activities with a clearly predatory vocation .
The Court of Bizkaia adds that the transfer of this "significant" amount of money "had no logical or business explanation" and that the money was transferred "without any expectation of return, or, to put it bluntly, with the intention of not returning it".
The judgement is not final and may be appealed to the High Court of Justice of the Basque Country.
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