スペインの裁判所は旅行会社のViaje Marsansの社長のPiaz Ferranを偽装倒産?の罪で4億0000'0000ユーロの負債を返還するように判決
Díaz Ferrán, culpable por llevar a la quiebra Viajes Marsans
El empresario, los herederos de Gonzalo Pascual y De Cabo deberán afrontar la deuda de más 400 millones
La juez aprecia irregularidades contables, vaciamiento de fondos y retraso en la suspensión de pagos
ESPECIAL Caso Marsans
Álvaro Romero / Ramón Muñoz Madrid 14 JUN 2013 - 14:35 CET
Diaz Ferran, guilty bankrupt Marsans
The employer, the heirs of Gonzalo Pascual and De Cabo will face more debt 400 000 000
The judge evaluates accounting irregularities, depletion of funds and delay in bankruptcy
SPECIAL Marsans Case
Alvaro Romero / Ramon Muñoz Madrid 14 JUN 2013 - 14:35 CET
A court sentenced former president of the CEOE Gerardo Diaz Ferran by bankrupt Marsans group and forces him to pay the debts. The judgment confirms that the bankruptcy of the travel company was "guilty", so that the manager, along with the heirs of his partner, Gonzalo Pascual, and his confidant, Angel Cape, will face the hole left by the tourist group that exceeds 400 million euros. Among the creditors is Finance and Social Security, among other public authorities, which must be over 30 million.
The judgment convicted estimated that committed numerous accounting irregularities Marsans accounts since 2009 to hide the real situation, the group emptied of funds despite knowing his insolvency and deliberately delayed filing bankruptcy until June 2010, aggravating in this way the financial position of the company.
In a judgment notified on Friday, Judge of the Commercial Court number 12 Ana Maria Gallego, also condemns Diaz Ferran, Pascual and Cabo, disqualification to administer property of others and to represent or administered to any person for a period 15 years, and the loss of the rights they may have as bankruptcy creditors Travel Marsans by their status as directors.
moreThe concealment of assets Marsans GroupDiaz Ferran, the sinking of the great patronAngel Cape, the liquidator unscrupulousThe judge in the U.S. looking for money of goods sold by Diaz Ferran
The ruling, appealed to the Provincial Court, sentencing Diaz Ferran, the heirs of Pascual and Posibilitum, the Cape Company bought the group about the same time that introduced the contest, "to cover in full shareholders' deficit Marsans" in the part that is not satisfied by the liquidation of the company.
The former president of the CEOE is in custody in the Soto del Real prison since last December 5 by Operation Cruise, for money laundering and concealment of property to its wholesale partners. Diaz Ferran must pay a deposit of five million, an amount that has been reduced several times, to get out of jail.
During the investigation, the judge and ordered the freezing of assets of those affected to meet shareholders' deficit Marsans mass, amounting to 417 million, given the high probability that the contest was convicted, legal qualification that occurs when "guilty" when in the creation or aggravation would insolvent willful misconduct or gross negligence of the debtor. " This embargo affected farms ten registry, Diaz Ferran five and as many of its partner, Gonzalo Pascual. It also involved the freezing of the favorable balances Marsans former owners had in accounts and deposits of various banks.
The former president of the CEOE tried to blame the irregularities in the management of his partner Marsans Gonzalo Pascual, who died last year, but the judge warned that "no greater or lesser differentiate intervention either in the behavior against them, which include establishing a joint and several condemnation of the two ". The designation of the heirs of Gonzalo Pascual is pending, and both his sons as his widow presented in court waives the writings of inheritance.
According to the judgment holds Commercial Court, Marsans was already "in the event of dissolution, at least from the financial statements for 2008/2009, and even from the December 31, 2008", but not insolvency petition presented to over a year later, in June 2010.
In this period, Diaz Ferran tried to negotiate with creditors, the judge recognized, but at the same time cash outflows, especially, 189 million Teinver society, also controlled by the former president of the CEOE and Gonzalo Pascual - that "aggravated the insolvency of the bankrupt". This delay helped, as already noted in his day the receivers, which is "disguised as creditors balances benefits".
On the subsequent action Angel Cape, which was made with the company in June 2010, the statement attributed responsibility "exit fraudulent debtor's assets" since seized cash income from the sale banknotes. He adds that "there is no doubt of which are attributable to legal acts designed to simulate a fictitious financial position and lack of cooperation with the Insolvency Administration", something that also blames himself Diaz Ferran.
Angel Cape, known in the business world as liquidator of companies, is also in prison now in prison unconditional bail of 50 million euros.
The insolvency administrators Marsans equity amounted Marsans hole 373 million, according to the Court of Justice of Madrid, deficit did not include claims against the estate. Marsans has 11,409 creditors. The resolution is not against her be firm and appeal to the Provincial Court of Madrid, which must be brought within 20 days from the day following its notification.
0 件のコメント:
コメントを投稿