The judge limits Santander's writings by Popular to his civil liability
July 24 , 2020 // Legal Reforms and Debate
Published in La Vanguardia
The judge of the National High Court José Luis Calama has agreed, in the case investigating the last two management teams of Banco Popular, that it will only admit writings from Banco Santander that adhere to its possible civil liability as heir entity, but not to the criminal acts.
In a car, to which Efe has had access this Thursday, the head of the central court of Instruction number 4 rules out that this measure generates helplessness to Santander since it has not seen its possibilities of allegation and defense in the process "curtailed", and confirms that it is only entitled to debate the causes for which it appears as a possible civil liability.
The bank was no longer charged in the case in April 2019, after the court ruled that it had "no charges or criminal responsibility as a result of the facts under investigation, so the possible defects cannot be transferred without further ado organization of the absorbed entity ".
However, and "without prejudice to what may result later as a result of the investigation procedures," Santander's legitimacy as civil liability was maintained.
Now Judge Calama maintains that having this condition, the bank can only debate aspects such as the relationship that linked the alleged perpetrators of the crime with the entity for which they worked; if the events took place within the normal or abnormal exercise of the offender's own functions; or, where appropriate, the amount set.
Months after the sale of Popular to Santander for one euro in June 2017, Judge Fernando Andreu admitted various complaints against former presidents Ángel Ron and Emilio Saracho, their respective Boards of Directors, PwC and its audit partner, for alleged crimes of corporate falsehood, unfair administration and misappropriation.
The magistrate agreed to the opening of two separate pieces, the first of them for the capital increase in 2016, and the second for a possible manipulation of the market after the publication of news with allegedly false data and information to make the value of the shares fall and make a profit.
The round of statements of the case will resume after the summer with the testimony, among others, of the president of Santander, Ana Botín, who will do so on October 8, and of the one who was non-executive president of Santander Spain at the time of the purchase of Popular, Rodrigo Echenique, scheduled for October 15. EFE
In a car, to which Efe has had access this Thursday, the head of the central court of Instruction number 4 rules out that this measure generates helplessness to Santander since it has not seen its possibilities of allegation and defense in the process "curtailed", and confirms that it is only entitled to debate the causes for which it appears as a possible civil liability.
The bank was no longer charged in the case in April 2019, after the court ruled that it had "no charges or criminal responsibility as a result of the facts under investigation, so the possible defects cannot be transferred without further ado organization of the absorbed entity ".
However, and "without prejudice to what may result later as a result of the investigation procedures," Santander's legitimacy as civil liability was maintained.
Now Judge Calama maintains that having this condition, the bank can only debate aspects such as the relationship that linked the alleged perpetrators of the crime with the entity for which they worked; if the events took place within the normal or abnormal exercise of the offender's own functions; or, where appropriate, the amount set.
Months after the sale of Popular to Santander for one euro in June 2017, Judge Fernando Andreu admitted various complaints against former presidents Ángel Ron and Emilio Saracho, their respective Boards of Directors, PwC and its audit partner, for alleged crimes of corporate falsehood, unfair administration and misappropriation.
The magistrate agreed to the opening of two separate pieces, the first of them for the capital increase in 2016, and the second for a possible manipulation of the market after the publication of news with allegedly false data and information to make the value of the shares fall and make a profit.
The round of statements of the case will resume after the summer with the testimony, among others, of the president of Santander, Ana Botín, who will do so on October 8, and of the one who was non-executive president of Santander Spain at the time of the purchase of Popular, Rodrigo Echenique, scheduled for October 15. EFE
