Two of three judges considered that his "omission" in ipo is not a crime
The Sala de lo Penal of Audiencia Nacional has saved bench of 'case Bankia' to governor of Bank of Spain, Miguel Ángel Fernández Ordóñez, and or senior members of supervisor and of CNMV internal division. The argument is that your "omission" to enable Bankia to go to Bag with "accounts mendacious" is not typified in Penal Code, a failure to act intentionally.
"The criminal law does not punish absence of activity of economic authority that would have integrated omission of decisions leading to blocking exit to Stock market".
This exclusion of criminal responsibility is result reached in Criminal division by two votes against one. The third judge, Clara Eugenia Bayarri, yes considered, in a hard particular vote, that "re is evidence of multiple crime can infer that managers of Bank of Spain and CNMV approved and led with full knowledge of to false accounting more than had been previously detected at output to Bag of Bankia aware of serious harm that this would cause to investors." Bayarri is supported by internal emails of inspector José Antonio Casaus, warning his superiors of problem of ipo or expert reports, but or two judges did not consider evidence of complicity culpable in scam.
The National court to resolve appeals, and does not deny that Bankia went public in 2011 with "mendacity in accounts" after expert reports, but argues that Bank of Spain (BdE) and CNMV did not collaborate intentionally and that does not fit in Criminal Code sancionarles by omission or passivity in its duty of vigilance.Output to Bag of Bankia
"The nature of powers assumed by BdE could only fit in one criminal offence of anor nature, which is not intentional action, as required by type of article 290 of Criminal Code, which is essential to sustain concert of a criminal, but in wilful commission by omission, but also with great difficulty, because type of article 290 is explained by characterizing mendacity accounting for damage end to economy that led to aid millions, is not penalized in line with article 11 as a violation of legal duty of vigilance", set auto. Are safe not only Ordonez, but former subgobernadores Fernando Restoy and Javier Aríztegui or ex-president of CNMV, Julio Segura, among ors.
refore, according to car made available to public this Friday, have been rejected appeals filed by accusations by popular in case against decision of judge in case, Fernando Andreu, to not sit on bench for senior positions of apparatus of economic State that allowed output to Bag of Bankia. The appeal was filed last may by Commission inter-Union of Credit (CIC) and General Confederation of Labour (CGT), both personadas as a popular indictment. The lawyer of CIC and a former leader of UPyD, Andrew Herzog, ensures that it will continue court battle and go to Supreme Court after decision of National Audience.Risks of criminal
however, car leaves very bad stop at Deloitte, audit traditional leader in banking sector of Spain. The judge Andreu sees accountability in your partner auditor Francisco Celma in approval of accounts of Bankia's ipo in 2011, but not in auditor as legal person. The National court revoked this decision, because "it's hard to say without a questioning of society oversaw proper successive audits to be at time, re was a benefit to entity; it is for this reason that you should continue to force of criminal action , and release at anor point in proceedings, if you have adopted all policies of prevention of criminal risks to exemption of criminal responsibility". In opinion of this court of appeal, to investigate conflict of interest of audit, was working at time as a consultant of Bankia. "The benefit for Deloitte could be filed in maintenance at all hazards of contractual relationship between audited and Deloitte SL". It was judged to Celma and Deloitte for ipo in 2011, but were both refused a year later to sign accounts of Rodrigo Rato.
The Chamber has rejected also resources submitted by processed that will have to be subjected to trial, among m former popular minister Angel Acebes, who was director of BFA between July 2011 and April 2012 and that, according to car, had a "relevant participation" in reports which showed "multiple and relevant fallacies accounting". It also rejected appeal of former director of Bankia, Javier López Madrid, among ors. However, acquitted Luis Blasco and Atilano Soto.