スペインの破綻して国有化されたBankia銀行の破産経営責任は、監査人のDeloitte会社のフランシスコ=セルマ(Francisco Celma)の証言に掛る。Bankia元総裁のロドリゴ=ラト(Rodrigo Rato)の経営無責任?取締役の監査人の報告を,報告書を読まずに鵜呑みにしてきちんと確認しなかったいい加減な取締役たち。いい加減な監査会社のDeloitteの監査報告?不良債権の損失を隠蔽?
A la espera del auditor de Bankia
El juez y la fiscalía consideran clave la declaración de Deloitte que analizó las cuentas
Los imputados que ya han pasado por la Audiencia Nacional rechazan responsabilidades
Jesús Sérvulo González Madrid 23 DIC 2012 - 00:00 CET
Pending the auditor of Bankia
The judge and prosecutors considered key Deloitte's statement that accounts analyzed
Defendants who have already been rejected by the High Court responsibilities
Jesus Gonzalez Sérvulo Madrid 23 DIC 2012 - 00:00 CET
The clue is in the audit report. Judge Fernando Andreu, who is investigating the case Bankia, the Anticorruption Prosecutor and prosecution (UPyD and 15M) await the declaration of special interest Deloitte partner, Francisco Celma, responsible for analyzing and validating financial group balances. They hope to clarify why the accounts of 2011 went from throwing a profit of 305 million to a loss of 2.979 million within a few days. And above all, why the report was delayed to exceed the legal limit, forcing the company was nationalized.
Several of the defendants in the case counselors blame the auditor to hide the gap in the accounts. As stated last Monday before the judge, Araceli Mora, independent director and member of the audit of the entity, Celma Francisco justified the postponement of the report because the president of Bankia Rodrigo Rato was in "negotiations" on the future of the bank. Mora, Professor of Economics, University of Valencia, said he began to suspect that something strange was happening with the accounts on 25 April when the auditor telephoned several times no response.
moreBankia, balance of a failure, BY JOSÉ MANUEL ROMEROThat was the fall of the Colossus, by Inigo BarronRato Zapatero and Rajoy blames the economic downturn of BankiaOlivas said that the Bank of Spain forced the merger"We approve accounts Bankia off fast to take them off"
A week later, on May 3, the Board of Directors of Bankia, Rato presiding, approved the accounts with a profit of 305 million. But the financial statements were not accompanied by the relevant audit report. Nor was presented the next day to the National Securities Market Commission (CNMV) as is required. Mora called the auditor to request explanations. "You know, you're in negotiations," said the minister replied that the audit partner. The judge intends to know the content of those negotiations. Therefore, the Hearing sources qualify this statement as a key independent director in research.
About 24 hours after Rato resigned. And two weeks later, the new president of the organization, Jose Ignacio Goirigolzarri, restated accounts 2011: which came to 2.979 million shed losses, forcing Bankia to seek public support for 19,000 million. Mora believes that this amendment should not be justified by the new financial sector reform government, which forced to make new provisions. "You can not be applied retroactively," said the minister. Mora resigned on May 25 not to approve new accounts restated that day.
The heads of the banks that formed Bankia, the day of the merger / CARLES FRANCESC
The discussions between Deloitte and Rato focused on two main issues: the Financial and Savings Bank (BFA), the matrix of Bankia, its subsidiary was valued at 12,000 million when in stock worth 2,000 million. The auditor argued that a review was unreal and claimed that fit, at least to the 8,500 million. That is, we had to reduce the profit or equity in 3,500 million. On the other hand, had scored BFA tax credits (accounting profit is expected to save tax in the future) for 2,500 million. Deloitte argued that it was almost impossible to think that BFA could obtain these benefits in future years.
From the first quarter there were doubts about how he would close BFA-Bankia results. Without recognizing the problems clearly, the entity holding that if given time and a little help, could get ahead. However, Rato not usually consulted the most serious problems with the council, where, on the other hand, sat many people who have admitted not understanding a bank balance, what remained were likely to understand the problems faced Bankia. Thus, some of the defendants in the case to justify these new balances approved by "responsibility". The judge tries to figure out what's behind that argument.
Rato blamed the government of Zapatero and Rajoy
Rodrigo Rato on Thursday appeared before the judge and justified that Deloitte had not alerted caveats before approval of the accounts. Former Deputy Prime Minister Aznar said Celma assured him that he would deliver the report on time to pass their bills. "If I have to work all night," said Celma, as Rato said in court. But the auditor's approval never came. Rato on Thursday could not explain why it was delayed, according to the indictment.
Other defendants have also pointed to Deloitte. Former President of the Audit Committee of Bankia, Alberto Ibáñez, criticized the "passivity" of the firm. And he suggested that the partner had submitted only two objections to the bills before the council approved the first accounts that yielded benefits. Nevertheless, the auditor did not give the report said.
Jose Manuel Fernandez Norniella, another of the accused, said the president of the organization hired the same firm in March, Deloitte, to prepare a feasibility plan and capitalization to dispel doubts about the entity. This point may be important because it is easy to understand why this report was commissioned Deloitte if there was a clash between Rato and auditing. Norniella, Rato right hand, told the judge that the Bank of Spain endorsed the report. But the plan had to be modified by the new government requirements for banks. Finally, the Ministry of Finance rejected the bill which triggered the resignation of Rato, as declared several directors before the judge. Nobody doubts that remained tense Rato trialogue: Government, Deloitte and Bank of Spain to close the accounts. In the end, only had the support of the supervisor, and it was not enough.
One counselor says Deloitte report stopped
Another noted that Deloitte was popular former minister, Angel Acebes, who led the audit of the matrix BFA. The former general secretary of the PP resigned and left the bank two weeks before reformulated accounts. In his statement to the judge Andreu said the audit did not inform the entity's accounting problems and only alluded to "some issues pending analysis."
After hearing the testimonies of the 33 accused the judge has released only one conclusion: none of the members of the board takes a bit of guilt. Most have blamed the debacle of the entity to Deloitte, points to former governor of the Bank of Spain, Miguel Angel Fernandez Ordonez, the economy minister, Luis de Guindos and even his predecessor Elena Salgado. But no sign of repentance. In some cases neither of modesty: "We wanted to take them off of me. If Deloitte says that the accounts are fine, I'm going to read, "said the judge Arturo Fernandez, president of the management and exconsejero Bankia Madrid. He charged around 300,000 euros for his office. The Supreme Court has issued several judgments against directors of troubled companies that signed the accounts without knowing the state of society, for dereliction of duties.
The testimony of the defendants
■ The National Court judge Fernando Andreu, has heard the testimony of the 33 members of the board of the BFA-Bankia group. These are some of the statements:
■ Former President of Bancaja, José Luis Olivas, said on Wednesday that "the governor of the bank of Spain has much power." He tried to justify why he agreed to the merger of the box with Caja Madrid Valencia. "I noticed that they had launched an inspection," he added.
■ Rodrigo Rato, former financial group, said: "Deloitte had said in the audit of Bankia had no qualifications. There was an auditor's opinion. "
■ One of the most controversial hearings has been the president of the management of Madrid and former chief of Bankia, Arturo Fernandez, who said: "If Deloitte says that the accounts are fine, I'm going to read." Regarding the restatement of accounts said: "We wanted quitarnolas off the quickest way possible."
■ In the Court struck the testimony of Mercedes de la Merced, former Minister of BFA. This policy linked to PP IPO justified the group in the summer of 2011 for "green shoots" that had seen the previous Socialist government. His party, however, shattered the good economic prospects selling the previous Executive. "I bought 80,000 euros in preference" because he felt they were a good product, he said.
■ The former Minister of PP, Angel Acebes, also paraded through the halls of the courthouse to explain some of the actions that caused the downfall of Bankia. He explained that the only auditor warned "about issues pending analysis" unimportant.
■ The right hand of Rodrigo Rato in the state, José Manuel Fernandez Norniella, the end justified the bank's strategy. He highlighted the bank's efforts to adapt to the capital requirements to which it was forcing the government. Norniella said Deloitte commissioned a report that endorsed the Bank of Spain. "The levers included in the plan should be sufficient to fulfill the requirements set," said the supervisor, as the accused.
■ The former general secretary of the PP in Madrid, Ricardo Romero de Tejada, told the judge that "as correct are benefits of 300 million as losses of 3,000 million." IPO justified because "it was good for Spain and for society."
Other defendants also insisted on knowing the details of the accounts. "So are correct benefits 300 million as losses of 3,000 million," he said in court Ricardo Romero de Tejada, former director of the entity [the fee it charged 270,000 euros] and former secretary general of the PP in Madrid, who said ignore the Bank of Spain had made a warning on the status of the entity. Even clearer was the former secretary of Esperanza Aguirre, Red Mercedes, he held a position in the audit committee of Bankia. This admitted in court that lacked "financial literacy" and therefore was "reluctant" to take his place by her which claimed 345,000 euros.
Something like said Juan Manuel Suárez del Toro, president of Caja Insular de Canarias, who stated in his compareciencia in court as a defendant who ignored the hole in the accounts of the company: "We learned of the situation when he proposed the appointment of Goirigolzarri as president. "
The judge is interested in clarifying the details of the IPO, in determining the value of the company and the immediate depreciation of the value of the shares. Premiered at the Bankia Madrid park on July 20, 2011. The share price was set at 3.75%, 15% less than advertised in the prospectus. A year later Bankia titles had lost more than 80% of its value. The judge considered that directors BFA-Bankia group could distort the accounts "in order to give the impression or create the fiction that its financial position was better than actually exists, which helped them to improve capital ratios and different cofianza earn investors in its IPO. "
Last week also accused the president declared as Bancaja, José Luis Olivas, who said the governor of the Bank of Spain, Miguel Angel Fernandez Ordonez, threatened to intervene if accepted Bancaja merger with Caja Madrid. The former interim president of the Valencian PP explained by the judge who tried to oppose the operation because the Valencia box situation was good. And he admitted that "under normal conditions" had not agreed to the union. The judge asked him if he was healthy housing feared what the supervisor: "The governor of the Bank of Spain has much power," rspondió.
The Group CEO BFA-Bankia, Francisco Verdú, who also testified as a defendant, admitted that since his arrival detected "liquidity problems". Verdú was signed by Rato in July 2011 to address the NPL problem and to strengthen the capital and implement savings plans, as recounted in the view. Verdú revealed the difficulties of the entity, which had debts of 18,000 million. Only in 2012 was to make payments of 3,000 million. This executive claimed 1.7 million for one year of work.
After the accused, now is the time witnesses. The list include former governor of the Bank of Spain and the current chairman of Bankia, Jose Ignacio Goirigolzarri. Ordonez statements may raise controversy because already expressed in Congress against the nationalization of Bankia. What no one doubts is that this is the great problem of the financial system will have a high cost to the taxpayer and on which there are still too many shadows.
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