The prosecution is seeking a 24-year prison sentence for Ábalos over the mask contracts.

The Anti-Corruption Prosecutor's Office is seeking a 24-year prison sentence and a fine of almost 4 million euros for José Luis Ábalos, former Minister of Transport and former Secretary of Organization of the PSOE, in the case concerning the purchase of masks during the pandemic. He is one step away from trial.In a 21-page document, Alejandro Luzón accuses him of five crimes: membership in a criminal organization, bribery, embezzlement, influence peddling, and insider trading. He also requests a 19.5-year prison sentence for Koldo García, his former advisor at the Ministry of Transport, for the same crimes, and a seven-year sentence for the alleged ringleader, businessman Víctor de Aldama, for membership in a criminal organization and bribery. The prosecutor outlines the "criminal agreement" reached by the three defendants, in which each had a "diverse and complementary role" in a "precise division of functions" that was "highly effective." "They agreed to the future commission of crimes, initially undefined in their specific details, as opportunities to commit them arose," he states. Ábalos "provided the authority" conferred upon him as minister and the "direct influence" when necessary, Koldo deployed his "services," and Aldama guaranteed the awarding of contracts with the "continuous payment of large sums of money." Thus, the three agreed that José Luis Ábalos could "take advantage" of his position to "favor" the hiring of certain companies in exchange for the "corresponding economic benefit" for all three. Alejandro Luzón emphasizes that the organization had an "undeniable intention of permanence," given that it "operated" for several years and "projected" its "criminal activity" into "different spheres or illicit conduct," and that it "only began to weaken" when Ábalos went to eBas. A profit of 3.7 million for Víctor de Aldama

The document also presents figures. According to the prosecutor, the "profit obtained" by Víctor de Aldama from the mask contracts awarded to Puertos del Estado (8 million euros for 24.2 million euros) and ADIF (5 million euros for 12.5 million euros) amounted to 3,713,981 euros. This is the bulk of the fine he is requesting for Ábalos. Thanks to the "personal relationship" that "bound him" to Ábalos and Koldo, Aldama obtained "prior, privileged, and relevant" information about the mask needs, which "had not yet been made public," and thus he could "get ahead of potential competitors" and secure the contracts. In exchange, at least from October 2019 until July 2022, Aldama gave Koldo 10,000 euros per month in cash to be split between him and Ábalos. Furthermore, Aldama covered "certain expenses" at the request of Ábalos and Koldo, such as the rent for an apartment located in Plaza de España, which was the residence of Jéssica Rodríguez, the minister's partner at the time. Koldo García acted as a "front man" for José Luis Ábalos.

Prosecutor Alejandro Luzón describes the "relationship of trust" that existed between José Luis Ábalos and Koldo García, who performed "a wide variety of tasks of a very diverse nature, both professional and personal, legal and illegal" for the minister. He presents the advisor as the minister's "alter ego": "It was understood that Ábalos made the decisions, usually hiding behind his advisor." Furthermore, Koldo "managed Ábalos's illegal sources of cash," which "were frequently confused" with his own, and "acted de facto as a front man for his superior in criminal activities."