Spanish judge offers tax agency to join case against former PM Zapatero over €1.3m jewels

On 26 June, National Court judge José Luis Calama offered the Spanish Tax Agency (Agencia Tributaria) the opportunity to appear as a potentially injured party in the separate investigation into former prime minister José Luis Rodríguez Zapatero. The probe concerns possible tax fraud and smuggling related to jewels found in his Madrid office.

“The nature of the facts under investigation reveals a patrimonial damage directly connected with state revenues managed by the Tax Agency.”

The jewels

Police discovered the jewels on 19 May during a search of Zapatero's office on Calle Ferraz as part of the broader 'Plus Ultra' case. The historic Madrid jeweller Ansorena later appraised the collection at €1.3 million (€1,323,915), with the most expensive piece valued at €278,000 and the cheapest at €25. Zapatero's secretary, Gertrudis Alcázar, who was present during the search, attributed the jewels to a family inheritance of Zapatero's wife, Sonsoles Espinosa, and to "gifts from trips".

“They came from a family inheritance of Sonsoles Espinosa and from gifts from trips.”

The investigation

After receiving the appraisal, Calama imputed Zapatero with a tax crime and smuggling. Under Spanish law, tax fraud exceeding €120,000 and smuggling of goods worth over €150,000 can carry prison sentences of one to five years. The judge also ordered a detailed analysis of the jewels to determine their nature, authenticity, replacement value, manufacturer, hallmark and approximate date of manufacture, with the work to be documented by the UDEF economic crime unit.

Zapatero's silence

When Zapatero appeared before the judge last week, he declined to answer questions about the jewels and asked for a week to ten days to prepare an explanation. His lawyer, Víctor Manuel Moreno Catena, had tried to postpone that part of the hearing, arguing insufficient time since the appraisal, but Calama rejected the request, noting the discovery had been made on 19 May. On Thursday, Moreno Catena filed a motion seeking to declare the entire investigation null and to exclude all evidence gathered by the Anti-Corruption Prosecutor's Office, alleging violations of Zapatero's rights and illegally analysed evidence.

Government stance

The government has so far defended the presumption of innocence. Prime Minister Pedro Sánchez stated that it was Zapatero's decision whether to return the jewels, though they remain seized by court order.

“It was the former leader's decision to return the jewels.”

What comes next

The Tax Agency has not yet responded to the judge's offer. If it joins the proceedings, it could exercise criminal and civil actions to recover any unpaid taxes. The judge also rejected a request by the company Softgestor to appear in the case, finding no material connection.