May 16, 2021

Anticorruption requests the imputation of Fainé and Brufau for the espionage of Villarejo to Luis del Rivero




The Anticorruption Prosecutor’s Office has asked the head of the Central Court of Instruction number 6 of the National Court, Manuel García Castellón, to take a statement as investigated for an alleged crime of bribery of the president of Repsol, Antonio Brufau; and the former president of Caixabank, Isidro Fainé, for the commission to the company of retired commissioner José Manuel Villarejo Cenyt to investigate the former president of Sacyr Luis del Rivero.

In a brief presented this Friday, to which ABC had access, Anticorrupción also requests that the former Repsol executives Luis Suárez de Lezo, Juan de Amunategui and Joaquín Uris, and the former General Director of Media at Caixabank, Antonio Massanell, be cited as investigated; taking into account the knowledge and involvement they would have had in the matter.

Prosecutors request the accusations in the context of the project called ‘Wine’ that is being investigated in separate piece number 21 of the macrocause on Villarejo and that took place in 2011 and 2012, when the commissioner was still active. It was about thwart an alliance between Sacyr and the Mexican oil company Pemex that would have allowed Del Rivero to take control of the shareholding of Repsol, where Caixabank was the reference shareholder.

The entity and the oil company then agreed to hire the Cenyt Group to carry out an investigation on Luis del Rivero and his environment with which to end that approach to Pemex, coming to control the people with whom he had contact: they accessed his records of calls and followed up. The price, 389,400 euros. Former security chiefs Rafael Araujo (Repsol) and Miguel Ángel Fernández Rancaño (Caixabank) are already charged.

For Anti-Corruption, the commission was «a joint reaction promoted by the two presidents of the companies, taking into account the “confluence of interests” between the two, as can be seen both from the documentation seized on Villarejo and his partner and from that provided by the companies to the procedure and the statements of those investigated in court.

In the case of Brufau, the prosecutors refer to the internal report that he prepared for the oil company to evaluate the legality of the contract with Cenyt and that points out «that probably in one of the usual conversations that Antonio Brufau had with Fainé and given the confluence of their interests in defending themselves against Luis del Rivero and Pemex, they agreed to share the information services contracted from the Cenyt Group. That is to say, that Brufau »was not left out of the hiring «

In addition, the records in the Villarejo premises contain a record of a December meeting in which representatives of Repsol and Caixabank as well as the Cenyt group participated, in which it was recorded that Brufau was interested in the content of the investigation and it was said that Araujo kept him informed. It also contained express references to the knowledge that Fainé would have of the matter and the “joint action” of both.

Former Security Chiefs

In fact, this internal Repsol report already includes what the former head of security declared at the National Court: Who came into contact with Villarejo in October 2011 during the Custodial Angels party of the National Police and that, after discussing with him the situation of Repsol with the maneuvers of Sacyr and Pemex, he ended up urging the then secretary general and of the board of directors of the oil company, Luis Suárez de Lezo, to hire Cenyt.

Before the judge, he also explained that he reported to Suárez de Lezo, gave him the reports that Villarejo was generating and discussed them with him. He also stated that he kept him informed of his relationship with the then head of Caixabank Security because in that matter both companies “should go hand in hand”. Anticorruption therefore asks for the imputation of the former director, along with those of the former corporate director of Repsol Patrimonial Services, Juan de Amunátegui, who was also informed and validated at least one of the invoices.

However, for Anti-Corruption, when assessing the circumstantial participation of Brufau and the former Repsol executives, it must also be considered that the hiring of Cenyt did not comply with the internal regulations of the oil company, which could show, in their understanding, that those investigated they might have the intention of “keeping it hidden” because they knew that Villarejo was an active police officer.

It also adds that Wine was not the only commission from the oil company to the commissioner since it hired Cenyt already autonomously in 2014 for 24,200 euros for a security analysis that what it was looking for was to confirm that a Repsol director had skipped a meeting to attend a sporting event.

In the specific case of Fainé, Prosecutors argue that in addition to the minutes of the aforementioned meeting in which he and Brufau were discussed, their “knowledge and direct participation” was “ratified by Miguel Ángel Fernández Rancaño himself”, former head of Security, before the judge last month from December. He assured that he received the reports of the Villarejo project and then they were dispatched directly to the president at the direction of his direct superior, the then general director of media Antonio Masanell, whose imputation is also requested and who validated one of the invoices.

Anticorruption, as in the case of Repsol, indicates in Caixabank a breach of the internal contracting regulations when carrying out the order to Villarejo, which would have been concealed by means of the manipulation of the concepts in the invoices.

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