The judgment for the output to Bag of Bankia has started this Monday on the National Audience with a surprise on the part of the Prosecutor’s office, which has announced that it may expand its prosecution of the offence of false accounting. Attorney Carmen Thean Oriol, who replaces Alejandro Luzon to the front of this case, has to be secured during the first day of the trial, which is being held in San Fernando de Henares, which could modify your accusation a final –which will be known at the end of the trial– to include this new offence.
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While it returns to the bench for the output to Bag of Bankia “Rodrigo, you are the secondary victim” The National court confirms the file of the cause for the preference of Bancaja and Caja Madrid While will sit on the bench on the 26th of November for the output to Bag of Bankia Guindos responds to Time: “Bankia now has a professional management. Compare you”
This announcement is relevant since up to now the Prosecutor’s office accuses only four of the 34 processed in the cause for another crime, 282 bis of the Criminal Code, for fraud, for misrepresenting the information that went out to Bag of Bankia and calls for prison sentences for them to between two years and seven months and five years. The previous prosecutor anti-corruption in charge of the instruction considered that Rodrigo Rato, and three other managers of Bankia (former ceo of Bankia, Francisco Verdú, and the directors José Manuel Fernández Norniella José Luis Olivas) hid consciously the state in which it was the entity, which subsequently caused a serious prejudice to investors.
The prosecutor Thean has pointed out for the previous questions that the situation has changed with respect to the time the Prosecution presented its final conclusions, in June of 2017. Then it was considered that the mere formulation of the accounts of Bankia and BFA did not reach the entity sufficient to constitute an offence of false accounting, has assured and has added that this consideration has changed after two judgments of the Supreme Court later consolidated the doctrine and according to which the formulation of accounts itself is sufficient to impute such a crime. The new allocation would affect the people against whom the self-transformation of the investigating judge addressed this responsibility, he added.
Thean has assured the court that presides over the judge Ángela Murillo that those responsible for Bankia at the time, “helped” and were “aware” that they “concealed the real state” of the accounts to “cause a displacement of wealth from investors”. The statement of qualification of the Prosecutor’s office is provisional and may be changed at the end of the trial, after the interrogations and the practice tests.
The crime of false accounting punishes the managers of a society that distort the annual accounts to cause an economic prejudice “to the same, to any of its partners, or to a third party,” and is punished with a prison sentence of one to three years. This crime (290 of the Penal Code) yes what is accused of, the accusations popular and particular.
In the indictment, Luzon claimed that the four defendants wanted to obtain “at all costs the necessary funds” to go Bag and he hid the true situation of the entity in a way “aware”. Bankia, formed by the integration of Caja Madrid, the valencian Bancaja, and five savings banks, ended up needing a rescue of 22.424 billion of public money.
The National court judges from this Monday and for several months, likely until the next summer, 34 were processed, including three legal entities, Bankia, BFA and the consulting firm Deloitte. Six of the accused have come to the facility that has the Audiencia Nacional in San Fernando de Henares for the trials crowd in police vans from the jail. This is Rodrigo Rato, José Antonio Moral Santín, Francisco Baquero, Jorge Gómez, José María de la Riva and Estanislao Rodríguez Ponga, already convicted by spending public money with the cards black being directors of Bankia.
in Addition to the Prosecutor’s office and the State attorney (on behalf of the FROB), there are two accusations popular (CIC and GCL), and 15 charges of private individuals who represent hundreds of injured parties. In total, involved more than 50 lawyers.
Time alleges that he purchased 250,000 euros in actions
The trial has started past 11 in the morning with the intervention of the prosecutor and the accusations special, that after have given way to the defenses. Ignacio Ayala, the lawyer of the main defendant, Rodrigo Rato, has asked the court to bring the proceedings various documents, such as reports that show that the Time gained more than 66,000 shares of Bankia, for an amount of eur 250,000, when the company went public in July 2011, so as to show that he was confident in the operation trading.
The attorney of director of Bankia, José Luis Olivas also has said that his client bought shares worth € 150,000. Other scholars have also taken advantage of the previous matters to ensure that their clients relied on the ipo of the entity and who otherwise would not have subscribed themselves participations of the entity.
Both Ayala as the rest of the defense attorneys are requesting the waiver for its representatives to attend all the sessions of the trial. Most are in invoking the so-called doctrine of Booty —the jurisprudence of the Supreme Court of 2007 that prevents you from judging someone when you do not accuse the Prosecution or not there are allegations particular— to expel and the charges popular. To do this they are claiming that the individuals do not have legitimacy. One of the accusations popular, 15MpaRato, organized a crowdfunding to be able to continue in the process with that obtained almost 25,000 euros.
