Dismantling Anti-Fraud in Valencia

In reference to the interview published in a national newspaper, on June 21, 2025, with Mr. Fernando Jiménez Sánchez. After requesting the media, on two occasions, the publication of this opinion article to exercise the right to reply to Mr. Jiménez’s statements about the Valencian Anti-Fraud Agency and not obtaining a response about its publication, we share the opinion article sent:   Dismantling Anti-Fraud in Valencia   In recent months, a worrying practice has spread: constructing narratives where facts are secondary, data become accessories and victimization, fueled by growing polarization, becomes the discursive axis. Conferences, conferences and tribunes follow one another frequently, and although the Valencian Anti-Fraud Agency (AVAF) does not appear as a central issue, the opportunity to revile it with statements disconnected from reality is not wasted. It is even more serious if we consider that many of the rapporteurs have had links, direct or indirect, with this institution.   It seems that some would rather see the Agency disappear than admit that it may be run by people outside their circle of trust. Between nostalgic reproaches and epic stories of the past, an idealized image of the previous stage is constructed, contrasting it with an almost Machiavellian vision of the present.   In this context, Mr. Jiménez, in a recently published interview, responded to a question about the alleged “dismantling” of the AVAF with a double statement:   “Why have they destroyed the AVAF in practice? Well, it is closely related to the judicial expert reports that were being carried out by the investigation team of the corruption trials of the Zaplana era. It’s as simple as that. This destroys the country…”   In view of such a statement, it is appropriate to offer objective data: on May 16, 2024, AVAF officials defended the expert report referred to in court. That performance concluded that same day. The new director took office on July 23, 2024, and the judgment of the Provincial Court was issued on October 15, 2024. Chronologically, it is impossible for there to have been any intervention by the new leadership in that case. Therefore, the insinuation is unfounded and malicious. From the AVAF we wonder if an administrative infraction is being suggested or, directly, the commission of a crime. Hurling accusations without evidence, in the style of “throwing the stone and hiding the hand”, does not seem to be the procedure of an academic.   The AVAF depends organically on Les Corts Valencianes, not on the Government of the Generalitat Valenciana. Since August 1, 2024, the parliamentary groups have requested 55 files, all of them delivered in a timely manner. Most refer to actions from the previous mandate. When the new management took office, there was a live load of 659 files. Currently, and despite having received 331 new complaints in 2025, this figure has been reduced to 512.   As of 23 July 2024, the delay in the processing of complaints exceeded 15 months; Today, complaints filed in 2025 are being resolved within the deadline. In addition, 200 new entities have been added to the register of those responsible for the Internal Information System (67 public and 133 private).   Far from being diminished, the Agency’s powers have increased. I must also point out that the positions of Secretary General and Coordinator of the Evaluation, Verification and Inspection area have recently joined this Agency, following a selection process, incorporating a Lawyer from the Generalitat Valenciana and a Tax Inspector from the State Tax Agency. Files continue to be sent to the Public Prosecutor’s Office and its operational activity has been strengthened. All while keeping your budget intact.   It is striking that someone with Mr. Jiménez’s academic background – a professor, member of Transparency International and the advisory board of the Hay Derecho Foundation – would make such unfounded statements. Until their legal suppression, the aforementioned organizations were part of the AVAF’s Citizen Participation Council (CPC). He himself was appointed to that body directly by the previous director, without formally representing any entity.   The surprise is even greater if one remembers that, as a representative of the University of Murcia, together with the University of Lisbon, Mr. Jiménez prepared the report “Comparative perceptions of corruption in Spain and Portugal”, with logistical and economic support from the AVAF (October 2022).   Likewise, the previous management of the Agency was going to collaborate in a European project, with Mr. Jiménez himself as principal investigator. Despite the interest in the project, the new management of the AVAF declined to participate because it exceeded the scope of regional competence.   Perhaps the disagreement lies in the succession in the position of director. Mr. Jiménez’s candidate — also the outgoing director and the vast majority of the CPC — was not elected. The legitimate defence of a candidacy does not justify a campaign of constant discredit, which began even before the current director took office. Much less so when the criticism extends to the entire institution and, therefore, to its officials.   And they continue along these lines. In a conference on the protection of corruption whistleblowers in Spain with the presence of former heads of the AVAF, the debate revolved more around the “golden age” of the Valencian Agency than on the announced title. It could well have been titled: “When we were the best”.   During the event, someone claimed that the recent legislative reform had abolished the Agency’s sanctioning regime. The statement was denied, at the same event, by a lawyer from the AVAF. He recalled that Law 11/2016 continues to attribute sanctioning power to management and that Law 2/2023 reinforces it, recognising the AVAF as the regional competent authority for the protection of whistleblowers. Even so, the official recording omits the interventions of the AVAF representatives, preventing a complete technical vision of the debate and compromising transparency.   Paradoxically, those who today lament the alleged loss of the sanctioning regime did not apply it for seven years. The only sanction imposed in that…

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,…

The Valencian Community strengthens the protection of corruption whistleblowers with the new Law 3/2024

In the popular and cultural imagination of our society, to think about whistleblower protection is to evoke the US Administration offering a new identity and a new life, to protect those who denounce the inner workings of a criminal organization and involve their former partners in crime. This is the case of WITSEC, which emerged in 1971 to protect a New York mobster who had broken the omertà code  and cooperated with the authorities to condemn the Italian mafia. In Spain, for public employees and for the legal system, talking about whistleblower protection is synonymous with the Valencian Anti-Fraud Agency. The AVAF is a pioneer in whistleblower protection with more than seven years of experience in the prevention and fight against fraud and corruption and, in addition, it was for years the only authority in Spain that offered protection to people who reported fraud and corruption in the Public Administration. The comparison between the two systems, the American and the Valencian, denotes a deep abyss between the different ways in which protection can be offered. The protection of witnesses in North America represents a drastic act of rebirth, a flight to a new horizon, while the protection of the whistleblower in Spain seeks to maintain their immunity in their original environment, creating an invisible refuge from reprisals. Both, however, share the same ideal: the defense of individual courage in the face of adversity, demonstrating that, regardless of ideology, justice always seeks to protect those who dare to raise their voices.   Law 11/2016, of 28 November, on the Agency for the Prevention and Fight against Fraud and Corruption of the Valencian Community. Currently, the protection of people who report regulatory infringements in our legal system, which was only recognised by Law 11/2016 of the Valencian Anti-Fraud Agency, has gone beyond the scope of the Valencian Community and has received a strong boost in our legal system thanks to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019,  but nevertheless, it should be highlighted the nature of the Valencian Agency as an authoritative voice, which notably anticipated both Directive (EU) 2019/1937, and State Law 2/2023, of 20 February, on the protection of whistleblowers and the fight against corruption, by means of Law 11/2016, of 28 November, on the Agency for the Prevention and Fight against Fraud and Corruption of the Valencian Community,  which has turned out to be a legal instrument of the first order in the prevention and fight against fraud and corruption. The time that has elapsed since the entry into force of Law 11/2016, regulating the Agency, together with the solid and constant development of the Valencian Anti-Fraud Agency in the exercise of its functions, has allowed a series of technical-legal circumstances to emerge in the law regulating the Agency, of 2016, which advised its reform,  which has been verified by the Valencian legislator through Law 3/2024, of 27 June, of the Generalitat, amending Law 11/2016, of 28 November, of the Generalitat, of the Agency for the Prevention and Fight against Fraud and Corruption of the Valencian Community.   Law 3/2024, of 27 June, of the Generalitat, amending Law 11/2016, of 28 November, of the Generalitat, of the Agency for the Prevention and Fight against Fraud and Corruption of the Valencian Community. Law 3/2024 approved by the Valencian Parliament is the second amendment to Law 11/2016, which was already amended by Law 11/2018, of 27 December, on fiscal measures, administrative and financial management and organisation of the Generalitat, with regard to article 1.1, to clarify its legal nature; Article 14.3, which provides for the dismissal effects of the lack of express resolution in proceedings related to the protection of whistleblowers; Article 29.2, clarifying the regulations applicable to its civil servants; article 30.6 to incorporate the subjection of its economic and budgetary management to the Intervention of Les Corts, in addition to that corresponding to the Audit Office, and finally, section two of the first transitional provision, regarding the processing and approval of the operating regulations and internal regime of the agency. The current modification operated by Law 3/2024 responds, as the legislator expressly points out in its preamble, <<to the desire to complete the legislative task undertaken in order to provide the agency with a more clarifying law in the aforementioned aspects that enables a better functioning of the agency as a whole and its better service to citizens.>> Having made this important observation, the following comparative table of the new features of the 2024 Law is set out below, as well as some brief reflections on these changes.   Amendment of Article 1(1) of the Object and Legal Nature New wording of Law 3/2024 Previous wording of Law 11/2016 1. The purpose of this law is the creation of the Agency for the Prevention and Fight against Fraud and Corruption in the Valencian Community, which is attached to Les Corts. Coordination protocols will be created with the Audit Office and with the Intervention of the Generalitat. It is configured as an entity with its own legal personality and full capacity to act for the fulfillment of its purposes. This law regulates the legal regime, operation and sanctioning procedure of the agency. It also establishes the criteria for the provision of the agency’s management and staff. 1. The purpose of this law is the creation of the Agency for the Prevention and Fight against Fraud and Corruption in the Valencian Community, which is attached to Les Corts. It is configured as an entity with its own legal personality and full capacity to act for the fulfillment of its purposes. This law regulates the legal regime, operation and sanctioning procedure of the agency. It also establishes the criteria for the provision of the agency’s management and staff. The modification does not bring any novelty, being in any case correct the positivization of the relations of collaboration and coordination that were already carried out between the Agency and the other bodies of the…