スペインのBankia問題を審議している裁判官は、バンキア銀行が、詐欺てきに販売した優先株式の不法*違法性を審議
El juez del ‘caso Bankia’ investigará si hubo estafa en la venta de las preferentes
El magistrado admite a trámite la querella de UPyD pero rechaza citar a Ordóñez y Segura
Apunta a delitos de estafa, apropiación indebida, publicidad engañosa y maquinación
Anticorrupción dice que no hubo delito en las preferentes
DESCARGABLE Texto íntegro del auto del juez
El País Madrid 10 JUN 2013 - 11:57 CET
Judge 'case Bankia' investigate whether there was fraud in the sale of the preferred
The judge declared admissible the complaint but rejects quote UPyD Ordonez and Safe
Aim for crimes of fraud, misappropriation, false advertising and plot
Anticorruption says there was no crime in the preferred
DOWNLOADABLE Full text of the decision of the judge
The Country Madrid 10 JUN 2013 - 11:57 CET
Judge Fernando Andreu, Bankia investigating the case, has decided to admit a complaint UPyD to investigate the design implementation, issue, marketing and management of the preference shares, so it has requested the attendance of several directors of Caja Madrid and Bancaja related to the sale of these controversial products. However, it rejected the request to call to testify at the Bank of Spain governor at the time, Miguel Angel Fernandez Ordonez, and then the maximum resposanble Market Commission (CNMV), Julio Segura.
As specified in an order made public Monday, Judge investigated for crimes of fraud, misappropriation, false advertising, fraudulent or unfair administration plot to alter the price of the things responsible for the brochures preferred share issues Caja Madrid Finance Preferred SA, Carlos Stilianopoulus, Caja Madrid, Fernando Cuesta and Carlos Contreras Eurocapital Finance Bancaja, Aurelio Izquierdo, and Bancaja, José Fernando Garcia.
The judge made this decision against the anti-corruption prosecutor criterion, which reported on 31 May that the preferred marketing did not constitute an offense-to understand that although contentious civil proceedings and can be quickly and efficiently, this criterion refers only to repair damages and "can not be an excuse to create spaces of impunity".
Andreu responds to tax is not the preferred were deciding whether a legal product, but "if your marketing and negotiation hid the true situation of" entities "and the true risk" posed to investors. In this regard, stresses that "bad practices" alleged by the CNMV must be investigated in court, because the regulator warned of the "need to attract buyers" of "a deliberate lack of information" and "a clear conflict of interests "between customers and between them and the entity that was resolved in favor of the latter.
The judge responds to tax is not whether they were a legal product, but if you hid the risk
Also, remember that the third section of the criminal division of the High Court recently issued an order in which required him to extend the Bankia case the sale of preferred stock. Therefore, the president of the Audiencia, Angel Juanes, claimed support measures to the risk of collapse if the court by the hundreds of thousands affected there throughout Spain.
moreBankia compensated with 430,000 euros to a preferred affectedDictates consumption over the first preferred awards BankiaError rate Guindos creating Bankia and its IPOThe Court requires preferential include the 'case Bankia'The Court fears the collapse to expand the case to hybrid products
The anti-corruption prosecutor, however, admitted that the banks and could incur "serious deficiencies in their marketing" and that "even" prevailed their own interests above those of their clients. Nevertheless, the prosecutor believes that "this action not enough to generate enough deception required "by the scam and therefore resorting to criminal proceedings. Instead, civil proceedings, according Corruption, is" much more suitable to give a satisfactory answer to the purchasers of shares preferred. "So, the prosecution clearly opted for this path with the argument that the difficulty of attributing criminal responsibility for these cases is" extraordinary ".
In his order, which forms a separate part of the main cause of Bankia, Judge Andreu coincides with the prosecution in which "must break the myth preferably go to criminal proceedings", when you can get faster response and effectively to the civil and contentious. "He also observed that" the thin line that can separate in such acts, the criminal act of civil, not at all ruled out the existence of the first. "
The judge said that the investigation is at an early stage and that "preliminary investigation verified prima facie the commission of the acts which are the subject of complaint, can not be ruled criminal relevance and even less without having made at least preliminary investigation activity ". Says of victims who do not have the obligation to go to the criminal, and that remains also civil and arbitration, but she has opened another one to the satisfaction of their rights, "without being dazzled those already in his hand. "
With this resolution, Andreu has marked the fate of the other three suits brought in the High Court preferred by marketing to be forming all separate pieces that are necessary for a pre-trial ordered.
Bankia has already received 109,785 requests for arbitration
Bankia has received 109,785 requests for arbitration from the sale of preferred stock and subordinated debt since it opened on April 18 process. Of the total, 43,749 are in the pipeline and 65,841 offices are being analyzed by the independent expert, KPMG, which is responsible for preparing a report to assess, based on the criteria set by the Monitoring Committee, if they qualify to participate in the process.
In the event that a customer being told that does not meet the requirements, will be open the courts to channel their claim.
To date, a total of 174 cases have already been sent to the National Consumer Arbitration Board, which referees will be those who will decide, individually for each client, if given reason and the amount corresponding to it, but its decision binding and non-appealable. I have solved 21 cases, all favorable to customers.
裁判官は許容苦情を宣言したが、拒否引用UPyDオルドネスとセーフ
詐欺、横領、虚偽広告やプロットの犯罪を目指す
汚職は、優先には罪がなかったと言う
裁判官の判決のダウンロード全文
カントリーマドリード10 JUN 2013 - 11時57 CET
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