The Anti-Corruption Prosecutor's Office appeals the judge's decision and asks to prosecute Repsol, CaixaBank, Brufau and Fainé for the orders to Villarejo

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 and has requested that both companies be prosecuted, the president of the former, Antonio Brufau, and the former president of the second, Isidro Fainé.

In an appeal last Friday, to which Europa Press has had access, the Public Ministry justifies its opposition to the order in which the magistrate exonerated those most responsible and the companies, focusing on the "indications of the commission" of crimes by all of them and that, in his opinion, persist.

Was the past June 2 when the head of the Central Court of Instruction Number 6 issued the order to pass to an abbreviated procedure prosecuting as the heads of the alleged illegal assignment to Villarejo the former heads of Security of both companies at the time of hiring: Rafael Araujo (Repsol) and Miguel Angel Fernandez Rancaño (CaixaBank). And he did it, he explained, for acts that can be described as a crime of active bribery.

At that time, Judge Manuel García Castellón decreed dismissal for both companies, for Brufau, Fainé and also for 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 is now requesting that the order of the investigating judge be annulled and that the legal entities of Repsol and CaixaBank and Antonio Brufau, Luis Suárez de Lezo, Isidro Fainé and Antonio Masanell, respectively, be prosecuted.

All this within the framework of piece 21 of the 'Tándem' macro-cause, in 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 environment to prevent the company and its Mexican ally Pemex from taking control of Repsol.

Failure to comply with 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, seeking to "defend the company's social interest against the syndication agreement reached by Sacyr”.

But in addition, the Prosecutor's Office maintains, "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." “In addition, the award was made without the intervention of the purchasing unit and without the supplier being previously qualified. Likewise, all contracting was centralized in a single person, failing to comply with the segregation of functions included in the prevention plans”, he explains.

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, warns the Prosecutor's Office, "the infraction of the internal controls established in the company to avoid the commission of the crime of bribery". "And such breaches were not detected by the company's controls, highlighting that either they were not adequate and effective, or, despite such breaches being detected, their detection was ignored," he adds.

He sees an "active participation" of Brufau in the hiring

Regarding Brufau, the prosecutors Miguel Serrano and César 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 Prosecutor's Office 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.

Fainé carried out a "personal monitoring", according to the Prosecutor's Office

In line, the Prosecutor's Office emphasizes 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 prepared 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 , so it had been previously indicated.

Thus, the Prosecutor's Office assures that this version of the events was "corroborated" by Masanell who, "despite stating that he did not remember anything about the contracting of CENYT, which was one more of those managed by the Security area", did not deny Rancaño's version.

And, in relation to Masanell himself, Anticorruption considers that "the actions carried out have allowed to obtain a collection of incriminating data solid enough to consider the dismissal agreed with respect to this investigated unjustified."

“His own judicial statement, the judicial statement of the person under investigation Fernández Rancaño, and the manifest deficiencies of the investigation carried out by the Internal Audit of CaixaBank to verify the extent 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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