The second section of the Provincial Court of Valencia has confirmed the prosecution of the former director of the Institut Valencià d’Art Modern (IVAM) Consuelo Císcar for an alleged millionaire fraud with the acquisition of reproductions of works by the late sculptor Gerardo Rueda: there was a maneuver « fraudulent or deceptive ».
This is stated in the resolution, advanced this Thursday by
and consulted by Europa Press, in which the court dismisses the appeals filed by both Ciscar and the son and heir of the artist, José Luis Rueda, against the indictment issued by the Court of Instruction 21 of Valencia.
In total, this procedure is directed against Ciscar, Rueda and the former administrative economic director of the museum, Juan Carlos Lledó, and constitutes the separate piece number 2 of the alleged irregularities in the management of the public museum that were denounced in 2015 by the Anti-Corruption Prosecutor’s Office .
The judge, in its initial resolution, affirmed that the facts could be constitutive of continuing crimes of embezzlement of public flows, administrative prevarication and falsification in an official document, and now the Hearing confirms it.
The alleged fraud was perpetrated by the leadership of the IVAM – then directed by Ciscar, a woman from the former Solidarity with the PP, Rafael Blasco, convicted of the Cooperation case – through the purchase, charged to public funds, of 58 reproductions of works by Gerardo Rueda. These creations were acquired, along with another 40 of the same sculptor, who died in 1996, at the price of original works of art “thereby contravening what was signed in the contracts and thereby illicitly enriching” José Luis Rueda in the amount of 2,944,325 euros, as stated in the judge’s car. An amount that must be added to the 512,524 euros that the IVAM paid to a private foundation to merge 44 of the works.
In addition, some of those pieces were promoted “improperly” with exhibitions organized and funded by IVAM itself, and which had the direct intervention of Gerardo Rueda’s son, to “cover up and spread the deception”, with an additional disbursement of almost 720,000 euros, accurate in the car.
The Hearing, after examining the appeals, indicates that there is no accreditation of ownership of Rueda’s works, 53 of which were not executed in life by the author, nor that he had expressed his will regarding the same, sketches , models or instructions on how they should be reproduced.
In addition, he believes that there was a “fraudulent” or “deceptive” maneuver in the operation with the IVAM and, in relation to the price paid for the works, warns: “The arguments of Ciscar and Rueda’s resources obviate that what is analyzed it is not a private acquisition, where it is clear that buyer and seller are free to reach any agreement, but the provision of public flows by an official, who must be subject to objective criteria of legality in the action. ”
From this criterion, he adds, “in the administrative resolution there is no trace”, “deducing the arbitrariness in the action, since the legally established procedure was replaced by the will of the person who performed the functions of the IVAM director-manager with the purpose of economically favoring the particular interests of the heir of the artist Gerardo Rueda “.
In conclusion, the Hearing indicates that the reading of the appeals “leaves no doubt about the existence of incriminating material from which to deduce the description of the punishable facts of the decision appealed, even if only to discredit it stating that all information has been obtained from witnesses and mendacious or interested experts, which is nothing more than a criterion of parties against the contrary consideration that the investigating magistrate deserves and that exceeds, by far, what is the object of this appeal, in which we merely verify how this information has existed, has incriminating potential and, in addition, has been assessed without subjectivity, excess or arbitrariness by the instructor. ” .