Manos Limpias has filed a lawsuit in a Madrid court alleging the crime of influence peddling committed by Begoña Gómez, the wife of the Prime Minister, Pedro Sánchez, through her professional activities at the Instituto de Empresa and the Complutense University of Madrid. The judge has admitted the complaint for processing and the investigation remains secret. At the Instituto de Empresa, Gómez had relations with the owners of Globalia, the company that owns Air Europa, who financed an event organized by an organization co-directed by Sánchez’s wife. Subsequently, the Council of Ministers approved the rescue of this airline, along with others, using a fund created during the pandemic to support strategic companies affected by the health crisis. At the Complutense University, the President’s wife directed a chair that included a businessman who later participated in a public tender with an offer that included 32 letters of recommendation, one of which was signed by Gómez.
The jurisprudence of the Supreme Court outlines some essential requirements for convicting someone of influence peddling. These requirements include effective moral pressure on the will of the decision-maker and a personal relationship between the person seeking to influence and the public official involved. In the case of the public contracts awarded to businessman Carlos Barrabes by Red.es in 2021, it was alleged that the influence of the President’s wife consisted of a letter of support she signed for the businessman. However, there was no evidence of a personal relationship between Begoña Gómez and the officials who evaluated the offer that included 32 letters of recommendation.
The Government’s bailout of Air Europa, like other airlines during the pandemic, involved a loan of 475 million euros. The Supreme Court emphasizes the need for a personal relationship between the person exerting influence and the public official, as well as the intent to obtain a specific resolution. The Court ruled that there must be a conclusive act that exerts moral pressure on the decision-maker, which was not present in the actions alleged against Begoña Gómez. The President and his wife were not found to have engaged in any behavior that amounts to influence peddling according to the legal criteria outlined by the Supreme Court.
The Supreme Court further clarifies that the influence exerted must be aimed at obtaining a specific resolution, and that the person exerting influence must have a position of superiority or moral force over the decision-maker. There was no evidence of such behavior in the activities of Begoña Gómez or Pedro Sánchez, according to the Court. False allegations made by Manos Limpias, a dubious syndicate, have failed to provide any concrete proof of influence peddling by the President’s wife or any official in his administration. The Court underscored that the pressure exerted must be the only plausible explanation for the actions of the public official involved.
The Court’s criteria for influence peddling require the presence of suggestive or coercive behavior aimed at altering the decision-making process of a public official. It must be evident that the only reason for the official’s actions is the pressure exerted by the person seeking influence. In the allegations made against Begoña Gómez and Pedro Sánchez, there is no evidence to support the claim of influence peddling. The Court’s stringent requirements for proving this crime highlight the need for concrete evidence of improper behavior and moral pressure on the decision-makers. The unsubstantiated accusations made by Manos Limpias have been dismissed as lacking merit by the Supreme Court.
