Anticorruption appeals the judge’s decision and asks to prosecute Repsol, CaixaBank, Brufau and Fainé for the commissions to Villarejo | Economy

New leaf turn. The Anti-Corruption Prosecutor’s Office has appealed the decision of the investigating judge of the Villarejo case to conclude the investigation into the hiring by Repsol and CaixaBank of the retired commissioner José Manuel Villarejo. And he has requested that both companies be prosecuted again, the president of the first, Antonio Brufau, and Isidro Fainé, former president of the second. The Public Ministry justified in an appeal last Friday its opposition to the order due to the “indications of the commission” of crimes by all of them and that, in its opinion, persist.

The head of the Central Court of Instruction Number 6 issued on June 2 the order to pass to abbreviated procedure, prosecuting the former heads of Security of both companies at the time of the hiring as the heads of the alleged illegal commission to Villarejo: Rafael Araujo ( Repsol) and Miguel Ángel Fernández Rancaño (CaixaBank). And he did it, he justified, for acts that can be described as a crime of active bribery.

At that time, Judge Manuel García Castellón ordered the dismissal for both companies, for Brufau, Fainé and also for the Repsol executives Luis Suárez de Lezo, Juan de Amunátegui and Joaquín Uris, and for the former director general of Media of CaixaBank Antonio Masanell. However, Anticorruption now requests that the legal entities of Repsol and CaixaBank and Antonio Brufau, Luis Suárez de Lezo, Isidro Fainé and Antonio Masanell, respectively, be annulled and prosecuted.

This process is within the framework of piece 21 of the macrocause Tandemin which the magistrate investigated whether Repsol and CaixaBank had asked Cenyt, the Villarejo business group, in 2011 to spy on the then president of Sacyr Luis Del Rivero and his entourage to prevent the company and its Mexican ally Pemex from taking over control of Repsol.

Prevention controls

Regarding the oil company, the Public Ministry maintains that there are indications that the “controls required by the company’s crime prevention plan were breached in the hiring” of Villarejo. This was done, he explains, with the intention of “defending the company’s social interest against the syndication agreement reached by Sacyr.” The Prosecutor’s Office also maintains that, “as has been verified by circumstantial evidence in this case, the award in favor of Cenyt was approved by someone who, considering the amount, did not have the appropriate level to make it.”

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As for CaixaBank, Anticorruption points out that there is no evidence that the “necessary proof of verification of the services provided by Cenyt, as an essential budget for the financial management area to authorize its payment” was adequately fulfilled. Along these lines, it also draws attention to an internal rule of the bank related to the budget management model —which has a “crucial importance in the crime prevention model”— and which would have been “flagrantly violated in the verification process and payment of the services contracted with Cenyt”.

Its violation supposes, according to the Prosecutor’s Office, “the infraction of the internal controls established in the company to avoid the commission of the crime of bribery”. In addition, it maintains that these facts revealed the deficiencies of the control system. “Such non-compliances were not detected by the company’s controls, highlighting that they were either not adequate and effective, or, despite such non-compliances being detected, their detection was ignored,” he adds.

Active participation of Brufau in the contracting

Regarding Brufau, the prosecutors Miguel Serrano and Cesar de Rivas point out that both he and Suárez de Lezo “were not left out, but rather had an active participation in the commission made” to Villarejo “when he was in active service in the National Corps of Police to carry out the investigation into Luis del Rivero.” In the course of this alleged espionage to the then president of Sacyr, it was even “accessed to call traffic”, the text collects.

Anti-corruption points out that both Brufau and the former Repsol director “were the main recipients of the documentation and all the information collected in compliance with that assignment, referring to a matter of capital importance for the company.” “And, therefore, who would have to value it when making the decisions that it considered to defend itself from the pact that they considered detrimental to the shareholders,” he points out.

In this context, the Public Ministry assures that the investigation into Del Rivero “was a joint reaction promoted” by both Brufau and Fainé. “That in the genesis of the joint contracting of Cenyt was the agreement of the presidents of both contracting companies was evidenced in the course of the judicial declarations” of both, he maintains.

Personal follow-up of Fainé

Anticorruption also stresses that Fainé was not only aware of the hiring, but that the “subsequent personal monitoring” of the former president of CaixaBank has been ratified in the judicial declaration of the former head of Security of the banking entity. In it, Miguel Ángel Fernández Rancaño pointed out that after receiving the reports from Villarejo, he discussed these issues with Fainé himself “as one more point in the meetings they held and given that his immediate superior, the general director of media, Antonio Masanell Lavilla, This was previously indicated.”

Thus, the Prosecutor’s Office ensures that this version of the events was corroborated by Masanell who, “despite stating that he did not remember anything about the Cenyt contract, which was one more of those managed by the Security area”, did not deny the version of Rancano. Regarding Masanell himself, Anticorruption considers that “the actions carried out have allowed obtaining a collection of incriminating data that is solid enough to consider the dismissal agreed with respect to this investigated to be unjustified.”

“His own judicial declaration, the judicial declaration of the investigated Fernández Rancaño, and the manifest deficiencies of the investigation carried out by the Internal Audit of CaixaBank to verify the scope of his knowledge and participation in the contracting and payment of Cenyt services, constitutes a sufficient indication of their participation in the events”, they conclude.

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