When was the Agency born? The Agency was born with the entry into force of Law 11/2016, of November 28, of the Generalitat, of the Agency for the Prevention and Fight against Fraud and Corruption of the Valencian Community, approved by Les Corts. In July 2017, its activities began.
Why was the Agency created? Due to the need to create independent and specialized bodies on the part of the States to fight against fraud and corruption in the Valencian administrations and institutions, in accordance with the requirements of Resolution 58/4 of the United Nations General Assembly, of 31 October 2003, which approves the United Nations Convention against Corruption, and certain regulations issued by the European Union. Also to promote integrity and public ethics, in addition to promoting a culture of good practices and rejection of fraud.
Are there other organisms of this type? The European Union created its own anti-corruption office, OLAF, in 1999. Italy, Portugal, France and many other countries have their own national agencies. In Spain, at the regional level, there are offices in Catalonia (since 2008), Galicia, the Valencian Community, the Balearic Islands and Aragon. At the municipal level, there are offices in the Barcelona City Council and in the Madrid City Council.
What is the legal nature of the Agency? The Valencian Antifraud Agency is a public entity, with its own legal personality and full capacity to act for the fulfillment of its purposes.
What ministry does it depend on? The Valencian Antifraud Agency is an independent institution from all other administrations, so it does not depend on any Ministry.
To whom is it accountable? Before the Corts and the citizenship.
What is its area of competence? The administration of the Generalitat (the Consell, its Presidency and the Consellerias) and its instrumental public sector; the entities that are members of the local administration of the Valencian Community and its linked or dependent public sector; Les Corts Valencianes, the Síndic de Greuges, the Sindicatura de Comptes, the Consell Valencià de Cultura, the Acadèmia Valenciana de la Llengua, the Economic and Social Committee, the Consell Jurídic Consultiu, regarding their administrative and budgetary activity; the valencian public universitues and its dependent public sector; public law corporations, in terms of activities subject to administrative law; the associations constituted by the public administrations, the organisms and the public entities; contractors and subcontractors and concessionaires of public services; recipients of public aid or subsidies; political parties, trade union organizations and business organizations; and any entity, regardless of its type or legal form, financed mainly by public administrations or subject to its effective control.
Can the Agency take action on a case thas has already been reported in court? When the Agency has news of a crime, it immediately communicates it to the Public Prosecutor or the judicial authority, providing the necessary collaboration.
Does the director have the rank of councilor, regional secretary or general director? He has the rank of general director.
What is the budget for 2017 and 2018? In 2017, the budget allocation has amounted to 1,500,000 euros, and in 2018 the allocation was 2,778,650 euros.
What staff does the Agency have? All Agency staff are career civil servants from the different public administrations by legal mandate. There is no temporary staff or contracted labor. The procedures for the provision of positions are those established by the Valencian Civil Service Law. The initial staff of the Agency consists of 32 civil servants and career civil servants.
What is the Agency’s role?The functions of the Agency are the prevention, alert and investigation of possible cases of use or irregular destination of public funds that involve use or abuse for private benefit or any other use contrary to the legal system, as well as conduct contrary to integrity. or contrary to the principles of objectivity, effectiveness and full submission to the law and the law; also the investigation of actions or omissions that may constitute an infringement, and urge the initiation of the corresponding procedures for the purging of responsibilities.
Likewise, the Agency is responsible for the preliminary study and analysis of risks and the evaluation of the effectiveness of the legal instruments and of the existing measures in the field of prevention and fight against fraud and corruption, in order to guarantee the highest levels of integrity, efficiency and transparency, especially in public contracting procedures, public concessions, subsidies, urban planning, and selection and provision in public employment to guarantee respect for the principles of publicity, equality, merit and capacity.
What mechanisms does the Agency have to combat fraud in Valencian administrations?With expert personnel, who enjoy the status of public authority for the exercise of their functions. All administrations and public entities subject to the scope of the Agency, its authorities and staff, have the duty to collaborate with speed and diligence, under the possibility of imposing the corresponding sanctions in case of not doing so.
How is the Agency financed? The Agency has an independent economic item in the general budgets of Les Corts, which is included in the public accounts of the Generalitat Valenciana.
Where is the Agency’s headquarters located?The headquarters of the Agency is, provisionally and until a space of public ownership is transferred, at Calle Navellos number 14, door 3, C.P. 46003, in València, next to the Palacio de Les Corts.
Can the Agency protect whistleblowers? Yes. Law 11/2016, of November 28, of the Generalitat, grants the Agency the power to protect natural or legal persons who alert or report malpractices or corruption. For this, said Law establishes the statute of the complainant, by which people who alert corrupt practices immediately receive the protection of the Agency and its legal advice in relation to the denounced facts, having guaranteed the confidentiality of their identity. The Agency ensures that these people do not suffer, neither during the investigation nor after it, any type of isolation, persecution or worsening of working or professional conditions, nor any type of measure that implies any form of harm or discrimination. The statute of the complainant will not be applicable in the event of false complaints.
Are the civil servants of the different public administrations obliged to collaborate with the Agency? Yes. Personnel at the service of public entities, public officials and individuals, who prevent or hinder the performance of the Agency’s functions or who refuse to provide reports, documents or files that have been required of them, will incur the responsibilities that current legislation establishes. Lack of collaboration may give rise to the existence of a minor, serious or very serious infraction, sanctioned in Law 11/2016, of November 28, of the Generalitat, of the Agency for the Prevention and Fight against Fraud and Corruption of the Valencian Community.
How can you file a complaint with the Agency?The person who wants to file a complaint can do so through the following channels:
- By Internet, through the Complaints Box that you have at your disposal on the website of the Valencian Anti-Fraud Agency. This is the ideal and most appropriate means if you want to file an anonymous report, as it is a secure channel for the admission of communications, which allows anonymity throughout the process, two-way communication and can hide the identification of your device ( IP address) connected to the network. Shortly the complaints box will be operational.
- By means of a complaint document presented in the general registry of the Agency, located at its headquarters (C / Navellos, 14 first floor, door 3, C.P. 46003, València), from Monday to Friday from 9:00 a.m. to 2:00 p.m. You can also send your complaint letter by certified mail to the aforementioned Agency headquarters.
- Alternatively, by email (email@example.com) or regular mail addressed to the Agency (C / Navellos, 14 first floor, door 3, C.P. 46003, València)
The Agency will inform the complainant of the receipt of their complaint, acknowledging receipt of it. However, the investigation carried out will be reserved.
If the Agency has any doubts about the complaint presented, the complainant will be contacted.
Can you report someone who operates in the black economy? The investigation of complaints whose sole purpose or purpose is to communicate facts or situations that may be constitutive of tax offenses or have significance for the application of taxes corresponds to the Tax Administration, fundamentally to the Tax Agency when it refers to state taxes, such as the Value Added Tax (VAT) or the Personal Income Tax. The Valencian Antifraud Agency is not competent to investigate these tax complaints.
If you want to file a tax complaint about events or situations that exclusively affect individuals, whether individuals or legal entities, the complainant must contact the corresponding tax administration, using the means established by the same for this purpose. In the event that the Valencian Anti-Fraud Agency receives a complaint of exclusively tax content that affects only individuals, the complainant will be informed that he or she is not competent to process it.
In the event that the complaint of possible tax breaches was directly related to the conduct of any of the public administrations, institutions, entities or persons included in the scope of action of the Valencian Antifraud Agency, the possible actions to be carried out cannot be extended those aspects whose verification, investigation or inspection corresponds to the tax administration.
What happens if someone files a false report?Manifestly false complaints that cause serious damage to the person denounced constitute a very serious offense, punishable by a fine of 30,001 to 400,000 euros and publication in the DOGV for general knowledge. In addition, misdemeanor reports may constitute a crime.