Federal prosecutor asks the judge to consider perjury committed by Raphy Pina in his annual financial statement | Federal

With less than three weeks to go before Rafael “Raphy” Pina Nieves’ sentencing hearing, the federal prosecutor’s office alerted the judge, Francisco Besosa, that the music producer committed perjury by putting false information in the annual financial report filed with the State Department.

In a motion filed Tuesday by prosecutors José Ruiz and María Montañez, they report that the company Mr Soldout Inc reported an income of $16,768,170 for the year 2019 in their tax returns before the Department of the Treasury (DH).

Raphy Pina seeks to remain in the free community while the appeal of the case is heard

The defense warns of a “series of errors” during the trial.

However, before the Department of State (DE), the annual financial report reflects that the company’s turnover does not exceed $3 million.

With this notice, the prosecution asked the judge to take the finding into consideration when sentencing. That hearing is pending for next April 18.

But yesterday, Wednesday, the defense of Pina Nieves, headed by the lawyer, María Domínguez, responded that the fact that the prosecution has obtained information about Pina Nieves’s finances is due to the fact that the music producer was diligent in providing that data to the relevant agencies. , such as the Treasury, the Municipal Tax Collection Center (Crim) and the Municipal Patent Office of Caguas.

However, they point out that the responsibility for drafting and submitting the financial information of the multiple Pina Nieves companies falls on their group of accounting employees, specifically their accountant Carlos Xavier Peña García, and with the support of Tania Pina as accounting assistant.

“As common sense would dictate, Mr. Pina Nieves’ accountants were designated with the responsibility of complying with all the filing obligations imposed by the government of Puerto Rico, its municipal governments and the federal government. This method of operation is not only common for business executives of his stature and Mr. Pina Nieves does not personally file his corporate reports, patent reports or tax filings, instead he relies on his group of tax consultants and advisors to ensure compliance with all filing responsibilities. of all its corporations,” argued the defense of the music producer.

The defense explained that the information reflected in the annual financial report before the DE was a mistake made by Peña García and the accounting assistant. The day they filled out the information, July 31, 2020, they checked the checkbox for the option that reflected earnings of less than $3 million a year.

In order to support the statement, the defense attached a sworn statement from Peña García, who accepted responsibility for the error.

Pina Nieves was convicted in late December on one count of illegal possession of a firearm and illegal possession of a machine gun. In the middle of this month, the defense asked Judge Besosa to grant Pina Nieves freedom, while the appeal that they will present after the sentence is pronounced is clarified.

The prosecution opposed that request this week on the grounds that the resources that Pina Nieves has make him a dangerous person to be in the free community.

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