The Lisbon Court of Appeal has refused to return money found in the office of Vítor Escária, former chief of staff to ex-Prime Minister António Costa. The amount in question, 75,800 euros, was stored in envelopes and a champagne bottle box.
According to the document, Vítor Escária’s defense claimed that “maintaining the money seizure measure” was “illegal” and that “neither the possession of money is capable of resulting in a well-founded suspicion of a crime, nor does it constitute information about a crime,” and therefore requested the cancellation and immediate restitution of the seized money.
The existence of money in the former chief of staff’s office does not inherently suggest a crime has occurred.
“If during a search a grenade is found, its mere possession gives rise to reasonable suspicion of criminal activity due to its criminal nature. However, the same cannot be said for possessing money, as having money does not constitute criminal activity!” defended the defense of Vítor Escária.
Lisbon Appeal Court refuses to return 75,800 euros to Vítor Escária
The Lisbon Court of Appeal did not agree.
“The possession of money in itself does not indicate criminal activity, but possessing over 70,000 euros in the office of the prime minister’s chief of staff, hidden or stored in champagne bottle boxes, is likely to arouse suspicion of crime, especially if the origin cannot be explained,” stated judges Francisco Henriques, Ana Rita Loja, and Cristina Almeida e Sousa.
This implies that having 70,000 euros, somewhat ‘hidden’ in the office of a high-level political staff, is highly suspicious.
The judges emphasized the need to investigate the source of the money, considering “the receipt and possession of such amounts may involve crimes like corruption, undue advantage, tax fraud, qualified disobedience, intentional concealment of assets, or influence peddling.”
They added that suspicions exist regarding the amounts seized, possibly linked to investigations already underway before the searches, thus serving as “evidence of such facts.”
However, “even if not acknowledged, it is evident that possessing and receiving such values without having declared them to the Tax Authority and the Constitutional Court indicates at least the suspicion of tax fraud crimes.”
The request for restitution was previously denied in March of this year by the Lisbon Central Criminal Investigation Court.
The same document notes that in November 2023, during the searches, Vítor Escária claimed that of the 75,800 euros found, only 7,620 belonged to him, and he was unaware of the rest found in his office.
During the first interrogation before the magistrate, Escária admitted that the over 70,000 euros were his earnings from teaching in Angola.
Over 70,000 euros found in 20 and 50 euro notes
The ruling details the locations in the office where portions of the money were found.
7,620 euros, in 20 euro notes, were stored in a blue A4 plastic folder on a shelf; 20,000 euros, in 50 euro notes, were in an A4 envelope with the prime minister’s office letterhead, found in the last drawer of a cabinet; 8,260 euros, in 20 euro notes, were in a white filing folder; and 40,000 euros, in 50 euro notes, were stored in a box designed for a champagne bottle.
“Given the roles performed by the defendant Vítor Escária at the time the mentioned monetary amount was seized (chief of the Prime Minister’s Office of the XXIII Constitutional Government), the location where the money was found (the Prime Minister’s Chief of Staff’s Office), as well as how the money was distributed and concealed, there are suspicions of the crime of undue advantage,” stated judge Nuno Dias Costa.
The appeal filed by Vítor Escária’s defense also requested the return of other devices seized during the November 2023 searches, assuming forensic copies had been made and analyzed, and therefore, they would no longer be useful to the court and could be returned to the defendant.
However, the ruling clarified that “contrary to the assumption made by the defendant-appellant, such a copy has not yet been made and technical procedures are still ongoing, which require the devices’ presence.”
“Until such procedures are ensured, it remains necessary to keep the devices seized to preserve and safeguard the evidence since immediate return to the appellant may result in alteration or deletion of data relevant for evidence,” the note continued.
Recall Operation Influencer
Operation Influencer on November 7, 2023, resulted in the arrests of then-chief of staff of António Costa, Vítor Escária; attorney and consultant Diogo Lacerda Machado (a friend of the ex-prime minister); Start Campus executives Afonso Salema and Rui Oliveira Neves; and the mayor of Sines, Nuno Mascarenhas.
Others named as defendants include former Infrastructure Minister João Galamba, former president of the Portuguese Environment Agency Nuno Lacasta, lawyer João Tiago Silveira, and Start Campus.
The case has been split into three investigations relating to the construction of a data center in Sines, lithium exploration in Montalegre and Boticas (both in Vila Real district), and hydrogen energy production in Sines.
Former Prime Minister António Costa, associated with this case, became the subject of an inquiry by the Public Prosecution Service at the Supreme Court of Justice, leading to his resignation. Following his resignation and subsequent loss of special jurisdictional status, the case concerning the ex-governor was transferred to the Central Department of Investigation and Penal Action.
