Tax Advisor Fernando Peña Released After 80-Year Sentence, Avoids Immediate Imprisonment

The National Court in Spain has released tax advisor Fernando Peña of the Nummaria firm, who was recently sentenced to 80 years in prison. However, Peña is expected to serve only nine years as the sentence is not final, and his personal circumstances, including the care of his ailing wife, were taken into account to mitigate his flight risk. The court that convicted Peña imposed precautionary measures to prevent a potential flight risk, including the surrender of his passport, a prohibition on leaving Spain, and requiring biweekly appearances while the appeals process is underway. This ruling was confirmed by EFE. The Second Criminal Section of the National Court rejected requests from the Anti-Corruption Prosecutor's Office and the State Attorney's Office, which represents the Tax Agency, to place Peña in provisional prison due to the high flight risk associated with his significant sentence for orchestrating a network that assisted clients in defrauding the Spanish treasury. During the hearing, Prosecutor Tomás Herranz and a representative from the State Attorney's Office argued for provisional imprisonment given the gravity of the offenses Peña committed, including tax fraud, procedural fraud, forgery of commercial documents, and facilitating insolvency. They highlighted that Peña had multiple properties in different countries, including Uruguay and Portugal, alongside a considerable fortune, which could contribute to a risk of fleeing. Peña's defense attorney, Ignacio Fuster-Fabra, successfully argued against provisional detention, presenting evidence of his client's family ties and responsibilities. Peña, who has four children and an ill wife reliant on his support, has been available to the court throughout the investigation process, which they contended greatly reduced any flight risk he posed. The court noted that while the severity of Peña's sentence—comprising 32 years for tax offenses and procedural fraud, and 48 years for his role as an accomplice to crimes against the public treasury—might ordinarily warrant concern over flight risk, his demonstrated family responsibilities mitigated such worries. Consequently, the court opted for provisional release as the appeals process unfolds. Peña's case has garnered significant attention not only for the substantial penalties involved but also for its connections to well-known Spanish public figures. Actress Ana Duato was acquitted in this case, while her co-star Imanol Arias received a two-year sentence as part of an agreement with the prosecutor's office. This ongoing situation highlights issues of financial misconduct within international business and the complexities surrounding legal accountability in high-profile cases. As the appeals proceed and more details emerge, Peña's situation will remain a focal point in discussions about tax evasion and the judicial process surrounding it. Stay updated with El Huffpost for continuous coverage of this story and other important news. Related Sources: • Source 1 • Source 2