The National Court acquits the ex-president of the Bank of Valencia accused of falsifying the accounts | Economy | EUROtoday

The National Court acquits the previous management of the Bank of Valencia, which was intervened by the Bank of Spain on the finish of 2011 after detecting a gap of some 600 million euros, accused of falsifying the accounts. The Central Criminal Court concludes that there is no such thing as a proof to indicate that former president José Luis Olivas, former CEO Domingo Parra, and 10 different administrators of the board of administrators doctored the monetary statements for the years 2009 and 2010.

Magistrate José Manuel Fernández Prieto González has handed down a ruling, which was introduced this Tuesday, through which he states that “it is very difficult to appreciate in the accused the fraud of falsifying the accounts of the Bank of Valencia for the financial exercises.” the years 2009 and 2010, when all of them had been conscious that stated banking entity was topic to steady inspection by the Bank of Spain, no less than since 2008, and that “The inspectors were in continuous contact with the directors of the Bank of Valencia, so there was a very high probability that any false information would be detected by the inspectors.”

The Anti-Corruption Prosecutor’s Office modified its preliminary request for a sentence of three years and 9 months in jail for Olivas and Parra – the latter convicted of unfair administration of loans – and lowered it to 2 and a half years within the case of the previous president of the Bank of Valencia. two years and sooner or later in jail for what was his quantity two. Likewise, the prosecutor elevated his request for deprivation of liberty for the previous financial institution auditor, who raised the request for a sentence of a 12 months and a half in jail to 2 years, whereas he withdrew the accusation for the remainder of the members of the board of administrators. administration.

The 85-page sentence factors out that the executors of the Bank of Valencia have been accused of a sequence of manipulations of the accounts that aren’t talked about within the order remodeling the case into an abbreviated process issued on December 2, 2019 (the decision by which the investigating decide proposed to attempt the previous administrators of the entity), nor later within the accusation paperwork. The Justice of the Peace states that the indictment paperwork had been restricted to highlighting the availability deficits assessed by the Bank of Spain Inspection for the years 2009 and 2010 and that “the accused were aware” of this.

Helplessness with a “vague accusation”

Thus, the pinnacle of the Central Criminal Court number one of the National Court shares with the thesis of the defenses relating to the defenselessness generated by the accused because of the accusatory precept having been violated all through the process. “With such a vague accusation, the first question is imposed on the judge and the defense to search and search the case to try to discover what are those specific accounting notes that are claimed to be false by the accusations to establish the crime of falsifying the accounts” , states the sentence.

The Justice of the Peace additionally reproaches that the accusations tried to unravel the error of not recording the accounting notes whose falsity was attributed with a mere reference to the interior reviews issued by the Bank of Spain, and that they included for the primary time within the writings of definitive conclusions — which is offered on the finish of the trial—an account of stated notes. “The defenselessness was already created, as each and every one of the accused was prevented from defending themselves in court against such facts, denying them the possibility of proposing and providing any means of proof that would allow them to contradict said alleged falsehoods,” the ruling explains.

And he provides that the banking supervisor’s reviews are easy technique of proof and that the accusations should not solely point out whether or not they’re directed in any respect the entries or at some particular ones, however that they can not base their thesis on the disagreement of the Bank of Spain inspectors with a few of the borrower rankings and the provisions established within the entity’s stability sheets.