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スペインの裁判官はBANKIA銀行の33人の顧問(元経済大臣のRodorigo Rato,バレンシア地方大統領のJose Luis Olivas,Angel Acebesを含む)を詐欺、横領、会計操作改竄、犯罪的経営で告訴
El juez cita como imputados a Rato, Olivas y Acebes por el ‘caso Bankia’
Fernando Andreu admite a trámite la querella de UPyD tras el informe de Anticorrupción
La denuncia apunta a cinco posibles delitos, entre ellos estafa y apropiación indebida
Miguel Fernández Ordóñez, Julio Segura y el auditor declararán como testigos
The judge cited as defendants Rato, Olivas and Acebes by the 'case Bankia'
Fernando Andreu declared admissible the complaint UPyD following the report of Anti-Corruption
The report suggests five possible crimes, including fraud and misappropriation
Miguel Fernandez Ordonez, Julio Segura and the auditor shall declare as witnesses
Auto DOWNLOADABLE the admissibility of the complaint
José Antonio Hernández Madrid 4 JUL 2012 - 12:00 CET
Fernando Andreu declared admissible the complaint UPyD following the report of Anti-Corruption
The report suggests five possible crimes, including fraud and misappropriation
Miguel Fernandez Ordonez, Julio Segura and the auditor shall declare as witnesses
Auto DOWNLOADABLE the admissibility of the complaint
José Antonio Hernández Madrid 4 JUL 2012 - 12:00 CET
The case Bankia, or how until recently the fourth largest Spanish bank went from posting a profit of 304 million to take months after a state bailout from 23,465 million (about EUR 500 per citizen), and is active in the courts. The National Court judge Fernando Andreu issued on Wednesday a car in which he assumes to investigate the complaint of Union, Progress and Democracy (UPyD) against 33 members of the Boards of Directors of Bankia and its parent, Bank Finance and Savings ( BFA).
Andreu progresses, without setting dates, which called to testify as to these 33 people indicted and warns them to be assisted to go lawyer. These include the former vice president of Government Rodrigo Rato, the former president of the Valencia Jose Luis Olivas and former Minister Angel Acebes, the three PP. The admission of the complaint has caused great concern in the party and government.
In 49 pages, the order in various passages reproduced Andreu allegedly criminal complaint containing the UPyD and see in them evidence of "fraud" that "have happened, or could cause a serious impact on the national economy" and a " prejudice to the generality "of different parts of Spain. The court assumes jurisdiction, backed by the anti-corruption prosecutor, citing, among other factors, Bankia size and cost of rescue and concludes that his bankruptcy has been able to "destabilize the entire financial system of the country."
Andreu claims a battery of documents to different agencies and at the same banking group. In particular, detailed information about the operations of credit, guarantee or warranty made after January 1, 2008 for directors and officers and their families and for the political groups that have participated in the election of directors of the seven cases that formed BFA. He also wants all the information about early retirement, pension, life insurance, salaries and compensation paid to directors and senior managers.
The admission of the complaint has caused great concern in the Government
The CNMV asked the record of the public offering for which Bankia went public and the prospectus for the operation, according to the criminal complaint. Nor leaves out the Bank of Spain, requesting documents for inspection from 1 January 2011, the capitalization plan submitted in January 2012, reports on the remuneration of directors and executive officers and BFA Bankia from the December 28, 2010 (when the state through the FROB, pumped 4.465 million) and the alternative restoration plan prepared by Rato shortly before his resignation.
As witnesses declare the former governor of the Bank of Spain, Miguel Angel Fernandez Ordonez, the president of the National Securities Market Commission (CNMV), Julio Segura, and Deloitte partner responsible for auditing Bankia, Celma Francisco.
Anti Andreu has provided a report that supports the complaint UPyD assume, although opposed to the precautionary measures called for in it: for example, requiring judicial intervention bonds or banking group. The judge has called for July 23 in which a hearing shall hear the parties and make a decision. Bankia is nationalized, so it is not expected to Andreu place it under their control.
The audience asked a battery of tests Bankia and agencies
Corruption, "for guidance" and UPyD agree that if they can attend Bankia crimes of fraud, embezzlement, falsification of financial statements and mismanagement, which would punishable by between two and six months to 15 years in prison. The prosecution, however, clarifies that "at this time of the initial investigation of the case, all pending proceedings is not practically possible to establish whether there have been legally relevant facts and, therefore, not to impute criminal conduct certain individuals on the basis of their membership of the BFA Board of Directors or Bankia "
According Corruption, that mere membership of the council serves as a starting point for an investigation, but is "insufficient for the allocation of specific criminal conduct." Thus, the prosecution was against the call defendants to testify as exconsejeros to advance research and see if you can "narrow the scope of the charge at all or only part of the directors and even others not bearing that office. "
more informationThe 33 of BankiaMargallo regrets "enormously" Rato's complaint in the case BankiaThe prosecution was against defendants cite as counselorsBankia and policy fiascoBlesa considered "disturbing" the situation of Bankia
The judge reviews the possible offenses in his car. The falsehood would be given if it is proved that "the directors of BFA Bankia and distorted accounts of both entities in order to give the impression or create the fiction that its financial position was better than actually exists, what helped them to improve various capital ratios and gain the confidence of investors in the IPO. "
The offense would be unfair administration, says the judge, "the existence of economically assessable damage each and every one of the shareholders of Bankia" for alleged "fraudulent disposition of property of a" product of "social management that would have prevailed in the political favor economic performance, through an endless series of ruinous investments. " The third offense charged, the manipulation to alter the price of things, would be that "directors, officers and managers of Bankia developed and disseminated various documents (...) to cast an image of society absolutely unreal ( ...) for which not hesitate to manipulate existing data, "according to the complaint.
On the unfair administration in relation to "early retirement and armor autoconcedidos by the directors of the boxes," says the judge in question, if it should prove, "a gross violation of the duties of transparency, fidelity and loyalty."
Andreu progresses, without setting dates, which called to testify as to these 33 people indicted and warns them to be assisted to go lawyer. These include the former vice president of Government Rodrigo Rato, the former president of the Valencia Jose Luis Olivas and former Minister Angel Acebes, the three PP. The admission of the complaint has caused great concern in the party and government.
In 49 pages, the order in various passages reproduced Andreu allegedly criminal complaint containing the UPyD and see in them evidence of "fraud" that "have happened, or could cause a serious impact on the national economy" and a " prejudice to the generality "of different parts of Spain. The court assumes jurisdiction, backed by the anti-corruption prosecutor, citing, among other factors, Bankia size and cost of rescue and concludes that his bankruptcy has been able to "destabilize the entire financial system of the country."
Andreu claims a battery of documents to different agencies and at the same banking group. In particular, detailed information about the operations of credit, guarantee or warranty made after January 1, 2008 for directors and officers and their families and for the political groups that have participated in the election of directors of the seven cases that formed BFA. He also wants all the information about early retirement, pension, life insurance, salaries and compensation paid to directors and senior managers.
The admission of the complaint has caused great concern in the Government
The CNMV asked the record of the public offering for which Bankia went public and the prospectus for the operation, according to the criminal complaint. Nor leaves out the Bank of Spain, requesting documents for inspection from 1 January 2011, the capitalization plan submitted in January 2012, reports on the remuneration of directors and executive officers and BFA Bankia from the December 28, 2010 (when the state through the FROB, pumped 4.465 million) and the alternative restoration plan prepared by Rato shortly before his resignation.
As witnesses declare the former governor of the Bank of Spain, Miguel Angel Fernandez Ordonez, the president of the National Securities Market Commission (CNMV), Julio Segura, and Deloitte partner responsible for auditing Bankia, Celma Francisco.
Anti Andreu has provided a report that supports the complaint UPyD assume, although opposed to the precautionary measures called for in it: for example, requiring judicial intervention bonds or banking group. The judge has called for July 23 in which a hearing shall hear the parties and make a decision. Bankia is nationalized, so it is not expected to Andreu place it under their control.
The audience asked a battery of tests Bankia and agencies
Corruption, "for guidance" and UPyD agree that if they can attend Bankia crimes of fraud, embezzlement, falsification of financial statements and mismanagement, which would punishable by between two and six months to 15 years in prison. The prosecution, however, clarifies that "at this time of the initial investigation of the case, all pending proceedings is not practically possible to establish whether there have been legally relevant facts and, therefore, not to impute criminal conduct certain individuals on the basis of their membership of the BFA Board of Directors or Bankia "
According Corruption, that mere membership of the council serves as a starting point for an investigation, but is "insufficient for the allocation of specific criminal conduct." Thus, the prosecution was against the call defendants to testify as exconsejeros to advance research and see if you can "narrow the scope of the charge at all or only part of the directors and even others not bearing that office. "
more informationThe 33 of BankiaMargallo regrets "enormously" Rato's complaint in the case BankiaThe prosecution was against defendants cite as counselorsBankia and policy fiascoBlesa considered "disturbing" the situation of Bankia
The judge reviews the possible offenses in his car. The falsehood would be given if it is proved that "the directors of BFA Bankia and distorted accounts of both entities in order to give the impression or create the fiction that its financial position was better than actually exists, what helped them to improve various capital ratios and gain the confidence of investors in the IPO. "
The offense would be unfair administration, says the judge, "the existence of economically assessable damage each and every one of the shareholders of Bankia" for alleged "fraudulent disposition of property of a" product of "social management that would have prevailed in the political favor economic performance, through an endless series of ruinous investments. " The third offense charged, the manipulation to alter the price of things, would be that "directors, officers and managers of Bankia developed and disseminated various documents (...) to cast an image of society absolutely unreal ( ...) for which not hesitate to manipulate existing data, "according to the complaint.
On the unfair administration in relation to "early retirement and armor autoconcedidos by the directors of the boxes," says the judge in question, if it should prove, "a gross violation of the duties of transparency, fidelity and loyalty."
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