Valencian Anti-Fraud Agency: That’s Not True, Mr. García

Regarding the opinion article published in a national economic newspaper on June 12, 2025, signed by Mr. Felipe García Hernández.After requesting on two occasions that the newspaper publish this opinion piece to exercise the right of reply to Mr. García’s statements about the Valencian Anti-Fraud Agency, and being denied, we are sharing the submitted article:  Valencian Anti-Fraud Agency: That’s Not True, Mr. García In the era of post-truth, defending public integrity has become a risky endeavor. June 23, Whistleblower Protection Day, is an ideal occasion to remember that protecting those who report irregularities is not only an ethical imperative but also a cornerstone of the rule of law. However, beyond rhetorical statements, this date calls for an uncomfortable reflection: what happens when the very institutions created to uphold integrity become the target of smear campaigns fueled by half-truths and self-serving narratives?   The Valencian Anti-Fraud Agency (AVAF) is a paradigmatic case. In recent months, it has been subjected to a media and political attack which, under the guise of legitimate criticism, conceals a deliberate strategy of delegitimization. Accountability is part of the daily work of this agency’s civil servants, as it should be in any public organization.   It is alarming that a minor reform of the AVAF, recently approved by the Valencian Parliament (Les Corts), has been equated, as Mr. García does, with the suspension of the FCPA (Foreign Corrupt Practices Act) by the United States government. The confusion deepens when he mixes heterogeneous legal realities: conflating two legal regulations, a regulatory provision lacking sufficient legal support, and a code of ethics approved by the agency director’s resolution.   Let us therefore review some of the author’s claims: He maintains that “the Citizen Participation Council, a vital channel between civil society and the Agency, has been eliminated.” However, the opinion issued by the Valencian Legal Advisory Council (CJC) on the AVAF’s internal regulations project was clear. It states:“The Law 11/2016 creating the AVAF did not establish any participatory body whose structure, nature, functions, and composition should have been determined by the legislator. Thus, upon approving the regulation, Les Corts could have determined what type of bodies and entities should be represented in such a body and with what functions. Otherwise, as seen in Article 25 on its composition, it is the Agency itself —or, more precisely, its unipersonal leadership— which, by its sole will, decides how and by whom participation is exercised.”   Regarding its composition, the CJC adds:“This way of regulating its composition —arbitrarily and invoking territorial and social representation criteria that are neither motivated nor objective— falls far short of a true model of participation.”In plain language, the advisory body was elegantly warning of the disturbing possibility that the director was relying on biased or subjective selection criteria.   It is enough to observe the relationships between some of the organizations in the now-abolished Participation Council, their leaders and members, former Ethics Committee members, and former AVAF officials to verify the prescient accuracy of the statutory body’s opinion. The Valencian Parliament has recently taken a position, opting for a much more objective consultative model and avoiding participation by individuals whose only qualification is having held senior public office — meaning they were appointed directly by the government of the day, unlike the model followed by the new State-level Independent Whistleblower Protection Authority (A.A.I.).   It is claimed that this council was a vital channel. However, in practice, the participation of the association represented by the author has been non-existent. Its importance is insisted upon, but with regard to the previous code of ethics, only two organizations submitted contributions during the public consultation: AVACU (regarding the reception of gifts) and the citizen platform “Castelló per la Justícia i contra la Corrupció.” The pattern repeated itself with the new Code of Ethics recently approved: only the same citizen platform and Transparency International Spain submitted two comments. It is said to be an essential channel… but one that is absent in other regional anti-fraud agencies and, of course, the newly created national authority.   This brings us to the author’s next claim: that the new Code of Conduct “seriously lowers the previous standards of integrity and transparency.” To put this in context, it’s worth noting that two prestigious institutions —the Valencian Parliament (to which AVAF is accountable) and the Andalusian Anti-Fraud Office— are still in the process of developing their own codes.   But such a dramatic claim, coupled with accusations of “lowering institutional safeguards” and “gradually dismantling functions,” sounds striking yet is not supported by any facts. The reality is quite different: the AVAF still reports to the Valencian Parliament, not the government; it has not suffered any budget cuts; its powers remain unchanged; it continues to refer cases to the Public Prosecutor’s Office and has increased its operational activity.   The data —always stubborn— confirm this: the active workload when I took office was 659 cases, an inherited backlog that has since been reduced to 555 cases, despite 301 new complaints being received in 2025. As of July 23, 2024, the delay in handling complaints exceeded 15 months; now, those submitted in 2025 are being processed within legal timeframes. So far this year, four whistleblower protection requests have been made, one request for an extension of protection, and direct advice has been provided to nine individuals. Parliamentary groups have regularly requested information since July last year — 55 requests for case files have been received and addressed in due time. Most of these relate to the previous leadership period.   Mr. García, with all due respect, I must tell you that your statements are not accurate. I understand that you may be relying on what you have read or heard, and you are amplifying it without ill intent. But your professional background is in compliance, where unsubstantiated accusations should be contrasted with verifiable data and reliable sources.   Another repeated falsehood is the alleged loss of independence of the AVAF following the 2024 reform. On this point,…

June 23: World Corruption Whistleblower Day

València, 23 june 2025.- Today, June 23, is the World Day of the Corruption Whistleblower. The civic value of the day lies in the collective importance of defending those who denounce irregularities and contribute to the defence of the general interest. Whistleblowers, whistleblowers or informants often face situations of harassment at work and social that, in many cases, also have an impact on their personal and family life. And until recently, they did not have public mechanisms for advice, support and preventive protection.

 

The Valencian Anti-Fraud Agency (AVAF) was the first public institution in Spain to have a specific legal mandate in 2016 for the protection of whistleblowers of fraud and corruption. Even before Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law was approved.

 

In addition, since 30 May, the Agency has been the independent whistleblower protection authority of the Valencian Community and has the scope of application and functions provided for in Law 2/2003, of 20 February, regulating the protection of people who report regulatory breaches and the fight against corruption.

 

In its eight years of history, the AVAF has guaranteed the right to receive legal advice to any person who reports or denounces facts that may correspond to situations of corruption or fraud, regardless of whether they have been formally recognized as a protected person. In the exercise of this right, during 2024, the AVAF provided a total of 91 legal advice to whistleblowers.

 

In this regard, since 2016, the Agency has granted protection status to 35 natural persons and one legal person. In addition, in 2024, a further step has been taken in the comprehensive whistleblower protection system, becoming the first Spanish institution to offer psychological support to people protected by fraud and corruption alerts.

 

At the General Assembly on 12 and 13 June of the European Network of Independent Authorities for the Protection of Whistleblowers (NEIWA), the work of the AVAF in the protection of whistleblowers was recognised. The meeting also approved the Brussels Declaration, which reaffirms the principles of independence and cooperation shared by NEIWA members for the effective defence of whistleblowers and urges states to strengthen technical warning systems and guarantees for the protection of whistleblowers.

 

The full text of the statement can be consulted at the following link:

https://www.mediateurfederal.be/sites/default/files/2025-06/NEIWA-10th-General-Assembly-Brussels-Declaration-13.06.2025-final.pdf

The Valencian Anti-Fraud Agency and IMSERSO promote public integrity through a training session

València, 11 june 2025.- Over 50 professionals from the Institute for the Elderly and Social Services (IMSERSO) participated in the training session “Integrity and the Fight Against Corruption: Law 2/2023,” organized by the Valencian Anti-Fraud Agency (AVAF) as part of IMSERSO’s internal training plan for 2025.

 

The activity, delivered by the AVAF’s Training Department, included participation from staff of the IMSERSO’s Subdirectorate General for Planning, Organisation and Evaluation, as well as several national reference centers, including CEAPAT, the Rare Diseases Center in Burgos, the Center for the Recovery of People with Physical Disabilities (CRMF), and the Alzheimer and Other Dementias Center in Salamanca, among others.

 

Key topics covered during the session included the institutional integrity system, the importance of fostering a culture of integrity in public administration, major risks of fraud and corruption, and the whistleblower protection mechanisms established in Law 2/2023 on the protection of persons reporting regulatory violations and combating corruption.

 

The session concluded with a participatory workshop on conflict of interest, which allowed attendees to deepen their understanding of how to detect and properly manage such conflicts in the public sector.

 

Through this initiative, the Valencian Anti-Fraud Agency strengthens its role in supporting and advising public institutions in the promotion of integrity—this time with IMSERSO, a body under the Ministry of Social Rights, Consumer Affairs and Agenda 2030.

 

If you would like to provide your public administration with specialized training on integrity and anti-corruption, feel free to write to formacion@antifraucv.es

 

In the images: Anselm Bodoque, acting coordinator of the Training, Participation, Communication and Relations with Other Entities Area of the AVAF; Pilar Moreno, senior training officer at the Agency; and Marita Oliver, senior training officer at the AVAF.