The audience of Alicante will judge tomorrow board of Directors of Extinto Savings Bank of Mediterranean (CAM) for 600,000, 00 euros of diets that charged, allegedly illegally, former president Modesto Crespo in subsidiary Tinser portfolio.
A trial that arrives, according to different sources close to cause, with a practically closed agreement between defense of Crespo, anti-corruption prosecutor, Felipe Briones, and particular accusation — represented by Diego de Ramón and ors — on behalf of 800 affected by The CAM's participatory and preferred quotas.
At expense of issue of Pact in first session for previous issues, it would imply that CRESPO recognizes crimes of aggravated misappropriation and a corporate offense of unfair administration. Also, in return, prison sentence will be reduced to one year against four requested by Public Prosecutor's Office and particular indictment, and repayment in instalments of 600,000 euros.
In fact, last Friday, tribunal was waiting to receive a CRESPO bank transfer to deal with its civil liability. This pre-payment, coupled with a possible confession, would allow him to ensure appreciation of mitigations such as repair of damage caused, a sentence less than two years and, consequently, possibility of preventing his entry into prison.More information
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The trial, declared of special complexity, has been divided into thirteen daily sessions and must be seen for sentencing on 3 July.
The Tinser case constitutes one of criminal cases instructed by National court for alleged looting of CAM, which was intervened by Bank of Spain on July 22, 2011 and awarded for a few months to Banco Sabadell.
Once investigation was completed, hearing declared that competition for prosecution of this piece resided in ordinary courts and forwarded proceedings to Alicante.
The anti-corruption prosecutor initially requested four years ' imprisonment and 120,000 euros of fine for ex-president of CAM and for former director General Roberto López Abad, as author and Inducer or co-operator necessary, respectively.
Toger with Crespo and López Abad, on bench of defendants will be seated, also as suspects of corporate offences and appropriation, 19 exadvisers of CAM, for which prosecutor claims between two and three years in prison.
Crespo received between 2009 and 2011 a total of 600,000 euros for a dedication "that in Tinser portfolio was non-existent" and that in CAM "was free by legal disposition", according to anti-corruption. Although sessions of Councils in this society were virtual, defendant has so far defended "dedication and effort" he invested in it.
The statutes of CAM, a box with 130 years of history that became fourth largest in Spain, established that positions of general counsel or President of entity would have "honorific and gratuitous character." And y could not generate remunerations or than diets for attendance at meetings or travel expenses approved by General Assembly.Mocking legality
At end of 2009, López Abad, n director general, "devised a plan to circumvent this prohibition" and pay newly elected president, Modesto Crespo, 300,000 euros annually, according to prosecutor's office. "In execution of this plan", Commission of remuneration of CAM approved creation of a council in Tinser portfolio, a firm participated by entity, with CRESPO as executive president.
This Commission was composed of Antonio Gil-lump Puchades, Luis Esteban Marcos and Martín Sevilla Jiménez, who face possible three-year sentences and fines of 81,000 euros. The remunerations of Crespo, which were even retroactive in nature, were finally endorsed by Council with unanimous vote of 16 or councillors. For all of m, prosecutor claims two years ' imprisonment and fines of 48,000 euros.
In his indictment, anti-corruption proposes that 21 defendants compensation jointly and severally with 600,000 euros to Bansabadell investment Desenvolupament, subsidiary of Sabadell that absorbed Tinser portfolio. The situation of ceases to be surprising because huge bill of fraudulent bankruptcy of CAM will fall on state and on banking sector.An invoice of up to 26,000 million
According to former minister of economy, Luis de Guindos, recovery of failed credits of CAM could have a cost "of up to 15 billion". But total bill may be higher: according to Court of Auditors, total resources committed to CAM amount to 26,302,000,000, of which state has 4.443 billion and banking 21,858,000,000. The rescue process is not over so definitive invoice is unknown.
On or hand, four of former managers of CAM, including López Abad and former director general, María Dolores Amoros, have already been sentenced to different prison sentences for falsifying accounts to "make up" bankruptcy of Fund in economic crisis; In this case, Modesto Crespo was acquitted. The hearing also maintains two or investigations: alleged fraud in sale of preferential and subordinated debt and acquisition of parcels and hotels in Caribbean (Mexico and Dominican Republic).