The judgment for the output to Bag of Bankia has started this Monday on the National Audience with a surprise on the part of the Prosecutor's office, which has announced that it may expand its prosecution of the offence of false accounting. Attorney Carmen Thean Oriol, who replaces Alejandro Luzon, has been insured during the first day of the trial, which is being held in San Fernando de Henares, which could modify its final conclusions to include this crime.MORE INFORMATION Time returns to the bench for the output to Bag of Bankia “Rodrigo, you are the secondary victim” The National court confirms the file of the cause for the preference of Bancaja and Caja Madrid While will sit on the bench on the 26th of November for the output to Bag of Bankia Guindos responds to Time: “Bankia now has a professional management. Compare you”
The change is relevant as up until now, the Prosecution accused only four people of another crime, the 282 bis of the Criminal Code, and requested sentences of between two years and seven months and five years. Luzon, in the previous fiscal anti-corruption, considered that Rodrigo Rato, and three other managers of Bankia (former ceo of Bankia, Francisco Verdú, and the directors José Manuel Fernández Norniella José Luis Olivas) distorted the information that the entity went public and caused a serious prejudice to investors. For a While he asked five years of imprisonment.
however, the fiscal Thean has been pointed out during Safirbet the issues prior to that when the Prosecution presented its final conclusions it was considered that the mere formulation of the accounts of Bankia and BFA did not reach the entity sufficient to constitute an offence of false accounting. He added that this consideration has changed after two judgments of the Supreme Court subsequent to the filing of the written statement, consolidated doctrine and according to which the formulation of accounts itself is sufficient to impute such a crime. The new allocation would affect the people against whom the self-transformation of the investigating judge addressed this responsibility, he added.
The article 290 punishes the managers of a society that distort the annual accounts to cause an economic prejudice “to the same, to any of its partners, or a third party”. The crime is punished with a prison sentence of one to three years.
In the indictment, Luzon claimed that the four defendants wanted to obtain "at all costs the necessary funds" to go Bag and he hid the true situation of the entity in a way "aware". Bankia, formed by the integration of Caja Madrid, the valencian Bancaja, and five savings banks, ended up needing a rescue of 22.424 billion of public money.
The National court judges 34 processed, between the three of them are legal entities, Bankia, BFA and the consulting firm Deloitte. Six of the accused have come to the facility that has the Audiencia Nacional in San Fernando de Henares for the trials crowd escorted from the prison.
Rodrigo Rato, José Antonio Moral Santín, Francisco Baquero, Jorge Gómez, José María de la Riva and Estanislao Rodríguez Ponga already convicted by spending public money with the cards black being directors of Bankia. They wait in long sessions of oral proceedings, which could extend until next summer. In addition to the Prosecutor's office and the State attorney (on behalf of the FROB), there are two accusations popular (CIC and GCL), and 15 charges of private individuals who represent hundreds of injured parties. In total, involved more than 50 lawyers.