The National Court will judge the former president of Caixanova Julio Fernández Gayoso, the former general managers Gregorio Gorriarán and José Luis Pego and Domingo González Mera, counselor of Proinova, the real estate financier of the entity, for the alleged irregularities in the granting of a loan in 2007 for the purchase of a plot of land in Rivasvaciamadrid (Madrid) that caused a loss of almost 42 million euros to the Galician bank. This is one of the seven operations of Caixanova that the Fund for Orderly Bank Restructuring (FROB) denounced to the Prosecutor's Office in 2010.
Judge Diego de Egea has issued an order to open an oral trial against the four defendants, for whom the Prosecutor's Office seeks sentences of four years in prison for a societal crime continued in its unfair administration modality of fraudulent management of patrimony of social patrimony. In addition, it demands that the court disqualify them for five years for the exercise of activities related to the financial or banking sector and for the right of passive suffrage for the time of the sentence. Identical penalties are requested by the State Bar, while the private accusation exercised by Abanca Corporación Bancaria demands three years of imprisonment for each of them and, in addition, that the payment of the costs of the trial be imposed on them.
Judge De Egea, acting in substitution of the head of the Court of Instruction No. 3 of the National Court, which will be joined next month by Judge María Tardón, also imposes on the four defendants the payment "directly and in solidarity" of a bond of 68.3 million to face possible civil liabilities derived from the sentence and gives them 24 hours to pay it. Otherwise, he warns them, enough assets will be seized to cover that amount unless their insolvency is legally certified.
The beneficiary of this loan was a company owned by several companies linked to the Galician entity, including Gorrigebe, whose only owner was Antonio Gorriarán, brother of the former general manager of the box.
According to the investigation of Judge Lamela, the risks of the operation were not explained to the members of the board of directors, since Caixanova used "incomplete analyzes" before approving the loan, in which "the value between the farms was not distinguished. " Also, it was not taken into account that the borrowers "had problems of liquidity and solvency, with high financial debt of their own" in a few years in which "the slowdown in sales in the sector and uncertainties as a result of the crisis".