THE WARNING THE ADMINISTRATION ITSELF PUT IN WRITING

Apolozan case · ERDF fraud (Bilbao / Alicante / EU)

If anyone ever claims the administration was deceived, there is a dated document that answers on its own.

On 11 June 2012, the technical staff examining the file detected the defect and formalised it: lack of powers of representation (A.4). The system warned, in writing, that whoever was handling the application lacked a power of attorney empowering him to do so. It is not a later interpretation by a party: it is a formal requirement from the instructing body itself, incorporated into the file, with its registry stamp.

What the procedure demanded at that point is elementary: suspend, remedy, prove the representation before continuing. What happened was something else: the file continued its course towards the grant and the disbursement, with the defect noted and unresolved.

This paper changes the nature of everything that comes afterwards. From 11 June 2012 onwards, no institutional actor in this story can plead ignorance: the irregularity of the representation was not discovered years later — it was documented a month after the application was filed, by the very technicians meant to screen it. They saw it. They wrote it down. And the machinery went on.

The key factRequirement for lack of powers of representation, 11-6-2012, with registry stamp of 14-6-2012 (A.4). The procedure continued through to the grant (29-10-2012) with no remedy on record.

The uncomfortable questionIf the defect later imputed to the administered party was warned of in writing by the administration itself from June 2012, whose is the responsibility for what was processed afterwards?

The ruleOnce a remediable defect is detected, the administration must require its remedy and not continue without it (art. 71, Law 30/1992, in force in 2012); the programme rules (Order of 21 May 2007) condition processing on proof of representation.

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EuroFraud case file · every statement links to its document (A.X / DOC-XXXX). Evidentiary material; every person named is presumed innocent.