スペインの金融危機での銀行経営者の経営犯罪責任を問う。Bankia, Caja Madrid, Banca Civica, Caja MediterANEO, Banco de Valencia, Caixa Penedes, Caja Castilla La Mancha, Eurobank, Catalunya Banc
Banqueros en el banquillo
La justicia investiga la gestión de nueve entidades que han recibido 37.700 millones públicos
Hasta 90 directivos están imputados
¿Errores de gestión o culpabilidad?
Íñigo de Barrón Madrid 24 MAR 2013 - 00:00 CET
Bankers in the dock
Justice investigates the management of nine entities that have received public 37 700 million
Up to 90 officers are charged
Management Errors or guilt?
Barron Íñigo Madrid 24 MAR 2013 - 00:00 CET
Spain is breaking many records with this endless financial crisis. One is to have nine open trials against many other financial institutions: Bankia, Caja Madrid, Banca Civica, CAM, Banco de Valencia, Caixa Penedès, Caja Castilla La Mancha and Eurobank, whose failure occurred in 2004. In total, it is estimated that about 90 may be charged executives (74 now tried in the High Court and 16 Civic Banking and pending the transfer of the case from the court of Pamplona). In these 90 would add two more: Miguel Blesa and Gerardo Diaz Ferran: A Magistrate's Court in Madrid investigates possible irregularities in credit of 26.7 million granted by Caja Madrid the former president of the CEOE. And if successful a complaint from Catalunya Banc Adicae against this entity and its managers come into the list.
Management Errors or guilt?
The biggest fear is that citizen by law or the difficulty of demonstrating a clear guilt, these cases end up in nothing. "The difference between a failure and a fraud management is to check if done with repetition and if someone benefits on an ongoing basis." This is a key principle, she says one of the researchers. So far managers admit to mistakes, ignorance, market collapse or new legislation. That is, without malice or personal guilt. However, legal sources indicate that the concept has evolved legally. "Since 2009, when the crisis was already here, it should ask the managers if the decisions they made were the best for the bank. If signed a refinancing to 60 years with little collateral and then the operation has been serious damage to the body, there may be evidence to attribute the fraud or unfair administration ". Andrew Herzog, UPyD lawyer, said that with the opening of oral proceedings, "changes the initial attitude that no blame. They can start the allegations. " What no one doubts is that it will take time until these cases are judged. The state attorney general said in statements to wait two years, but there are few who believe that this deadline will be met.
This judicialization of much financial activity is not a coincidence. The institutions surveyed have received 37,700 million of public money (mostly) as well as contributions from the financial sector itself through the Deposit Guarantee Fund. This immense fortune exceeds all cuts made by the state in education and health. So far, taxpayers have lost forever some 6,000 million used to refloat the Banco de Valencia (sold by one euro to La Caixa) and 400 million to cover the arrears of Cordoba Cajasur.
The situation has led to unprecedented social outrage against the financial sector. Now is pending clearance responsibilities of managers fallen group to clarify how it was possible a wreck of this magnitude. Society, and some of the games, especially IU and UPyD, require a thorough investigation of the failure of some of these entities, a sensitivity that seems alien the judiciary.
However, there are important differences. It can be said that the alleged crimes investigated are divided into three categories. On one side are the alleged fraudulent operations endangering the entity or benefit for a few. This is the case of CAM, Banco de Valencia and CCM. In another group severance and early retirement are analyzed shameful executives who left, leaving the insolvent entity. This is the case of Novagalicia, Caixa Penedes, Banco de Valencia and CAM. Finally, are the failed IPOs as Bankia and Banca Civica. Many of these entities issued preference shares, complicating cases.
After the serious accusations (without proof) inspectors Bank of Spain on the dome of the entity "looked the other way to signs of crime", the current supervisor and the Government does not want anyone to say no is investigated background. So they have hired specialists in detecting fraud and other irregularities, forensic forming working groups for FROB, the Bank of Spain and Bankia. KPMG has the biggest team, with almost 100 people between Madrid and Barcelona. From PwC also investigated some of the cases cited. Many bankers have spent little time in the luxurious offices of the hardness of stool.
»Bankia. This applies to all records accumulated by defendants, and extent of damage to the State concerned. In July 2012 UPyD brought charges against 33 members of the company directors, against Bankia and Banco Financiero y Savings for crimes of falsification of accounts, scheming to alter the price of things and misappropriation. Among the defendants are the former vice president of government Rodrigo Rato, former president of Bancaja Jose Luis Olivas, the former Minister of the Interior Ángel Acebes; CEIM president, Arturo Fernandez, the president of the Assembly of Madrid Jesus Pedroche, former general secretary PP in Madrid Ricardo Romero de Tejada, and Madrid exconcejal Mercedes de la Merced.
"Banco de Valencia. Eight complaints are investigated by the state borrowed through the FROB for alleged crimes of fraud, misappropriation and unfair administration. There are eight suspects, including the president of the Generalitat and José Luis Olivas Bankia (also charged in Bankia), former CEO of Banco de Valencia Sunday Parra and former vice president of the company, Antonio Tirado.
»CAM. To what extent the situation that led to the intervention of Caja Mediterráneo (CAM) in July 2011 was a result of excess and recklessness or consisted of a full-scale looting? These are questions to which the answer is Judge Javier Gómez Bermúdez, National Court, which on March 6 order a search of the homes in Alicante of the former CEO, Roberto Lopez Abad, and former deputy managing director of investments estate, Daniel Gil Mallebrera. Gómez Bermúdez is taking the statements of 30 directors and executives of the company between 2006 and 2011 on millionaires credits granted to the commission president Juan Ramón Avilés control. (More)
»Caixa Penedes. The facts fit as corporate crime investigation continued unfair administration. They charged four former officials of the entity: Ricardo Pagés, Manuel Trojan, Santiago and Juan Jose Abella Caellas. The judge understood that those responsible for Caixa Penedes "designed a long-term strategy designed to ensure capital gain unlawfully disproportionate to coast and back to the state." Both Pages and Santiago Jose Abella have had to pay bail of 11.6 million and 1.8 million, respectively.
»Novagalicia. The Anticorruption Prosecutor Complaint against five former senior executives: Julio Fernandez Galloso, José Luis Pego, Gregorio Rodriguez and Francisco Gorriarán Oscar Javier Paredes. They are considered responsible for alleged misappropriation and unfair administration after collecting 30 million compensation. The entity needed 8,000 million state aid. Are free on bonds in excess of 10 million in foreclosure proceedings or their property.
»Case Caja Castilla La Mancha (CCM). The National Court Judge Pablo Ruz CCM has requested the minutes of the executive committee which approved loans and more than 20 other alleged irregular transactions. According to the Bank of Spain could cause a loss to the entity of 267 million. The lawsuit is filed against the socialist Juan Pedro Hernandez Molto, president of the organization, and the CEO (appointed by the PP) Ildefonso Ortega.
"Civic Banking. On March 11, Judge Eloy Velasco admitted the complaint against the directors UPyD Civic Banking irregularities in the merger and flotation of the company. They investigate crimes of accounting distortions, mismanagement, scheming to alter the price of things, and misappropriation. The court of Pamplona remain with the investigation of the complaint by the collective Kontuz scandal collection Caja Navarra diets of 8,000 euros to keep three meetings in one day. They perceived this money the President of the Government of Navarra, Yolanda Barcina, former President Miguel Sanz, the mayor of Pamplona, Enrique Maya, and UPN members Iribas and Ana Jose Elizalde, who announced that returned diets.
»Case Eurobank. In April 2005, the High Court accepted the jurisdiction of the proceedings to be kept in a Barcelona court which investigated whether Eurobank makers, led by its president Eduardo Pascual, committed corporate crime, of falsehood, of misappropriation and fraud.
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