Public affairs secretary: Leak of Politank CRIM return could be a crime.

Public Affairs Secretary Jean Peña Payano

By THE STAR STAFF

The publication of a Municipal Revenue Collections Center (CRIM) tax return belonging to the lobbying firm Politank has sparked controversy in Puerto Rico after Public Affairs Secretary Jean Peña Payano warned that releasing such documents could constitute a crime.

The document disclosed Politank’s 2023 CRIM filing, submitted in May 2024, showing assets of $1.8 million. Its appearance in the media raised immediate questions regarding the firm’s financial movements, particularly the significant growth in reported assets and capital within a short period.

Additional documents circulating in the media show that in 2023 Politank reported $1.59 million in assets and $1 million in capital, but by 2024 those figures had risen sharply to $5.8 million in assets and $5.1 million in capital. Critics have questioned how, seven months before the new administration assumed power, Politank allegedly held $4 million in cash used to pay its founder, Francisco Domenech Fernández, who sold his firm and then became La Fortaleza chief of staff. The financial jump triggered further scrutiny and fueled public debate over the transparency and timing of the firm’s internal transactions.

Reacting to the leak, Peña Payano stressed that the publication of such tax documents may violate Puerto Rico’s legal protections for confidential financial information. He noted that tax filings are private documents and that the publication of information governed by Puerto Rican law could “possibly constitute a crime.” He emphasized the seriousness of the matter, saying the administration is evaluating the appropriate steps to take and arguing that the media must be cautious about setting a precedent in disclosing confidential records, regardless of who they pertain to.

The situation brings renewed attention to the delicate balance in Puerto Rico between the constitutional protection of press freedom and the legal framework that safeguards the confidentiality of tax information. While the island Constitution prohibits laws restricting the press and supports the publication of information of public interest, the Internal Revenue Code classifies tax returns as confidential. Journalists could face legal challenges if information is obtained through illicit means, though courts have historically leaned toward protecting the press when such disclosures involve matters of significant public importance. 

So far, no legal action has been announced against the media outlets that published the Politank documents, but Peña Payano reiterated that “the appropriate steps” are being taken.

Politank has come under public scrutiny amid allegations that Domenech’s former clients at the firm have received juicy government contracts under the current administration. Domenech has control over all government contracts.