The Audiencia de Barcelona has reduced from 9.5 million to a maximum of 2.56 million the bond set in concept of civil liability for the old dome of CatalunyaCaixa for the bonuses to its former directors. The court that judges the expo of the entity thus meets the claim made by the defenses of the former president of CatalunyaCaixa Narcís Serra and former director Adolf Todó, who has also raised another bail exclusive to him of 808,563 euros to have withdrawn the accusation exercised by the Intersindical Confederation of Savings Banks.
The defense of Serra and Todó argued last October 4, in the session of previous issues of the trial, that the CUP, which exerts the popular accusation, lacked legitimacy to demand bail, since it was not harmed by the bonuses, and by it requested that at least it be reduced to the 2.56 million claimed by the Prosecutor's Office and by the State Bar.
"Legal prosperity must be recognized as a legitimation in that specific condition of accusatory party," the court said in reference to the arguments of the defense of Serra and Todó against the CUP. In April 2017, the holder of instruction number 30 of Barcelona imposed a deposit of 9.5 million euros on the former directors of CatalunyaCaixa Narcís Serra and Adolf Todó, as well as other 39 former members of its board of directors, for the bonuses in the old dome of the banking entity.
To justify the bail reduction, the court recalls that in this case the popular accusation is exercised by a "political party", in allusion to the CUP, and points out that the political formations are not constitutional bodies, but "private entities of associative base " The court also emphasizes that neither the Prosecutor's Office nor the State Bar, which represents the FROB in this case, have made "any objection" to the defense's demand that the bond be reduced.
Those 2.56 million bail correspond to the economic damage caused to CatalunyaCaixa by salary increases approved in two boards of directors, one held in January 2010 and another in October of that year, after the FROB injected 1,250 million in the entity . The Prosecutor's Office estimates that, in the case of Todó, these salary increase agreements caused an injury of up to 1.45 million to the entity, and another 1.11 million in the case of salary increases authorized to Jaume Massana.
However, the court, as already advanced on October 4, dismisses the intention of the defenses of Serra and Todó to declare void the writ of opening oral trial dictated by the investigating judge. Likewise, it does not accept the defense of Todó's defense to try to limit the scope of the economic damage caused in the old box alleging violation of the constitutional right to effective judicial protection and defense, by concluding that there was no violation of those rights.
However, the court annuls the bail of 808,563 euros set exclusively for Todó, after remembering that it had been requested by the Inter-union Confederation of Savings Banks, and that this union ceased to be an active part of this process in September. Once the previous questions have been resolved, the statements of the accused will begin on October 11, when the former president of CatalunyaCaixa Narcís Serra and the former director general of the entity Adolf Todó will intervene in court.
In any case, Serra already defended before the media the legality of the salary increases approved in 2010 to the expo of the financial institution and added that he did not regret his management. In total, the eighth section of the Court judges a total of 41 members of the board of directors, including Serra and Todó, for authorizing "disproportionate" salaries at the top of the old savings bank despite the critical situation that was going through the entity, which had to be recapitalized with an investment of public money of more than 12,000 million euros.
The Prosecutor's Office attributes to a total of seventeen people, including Serra and Todó, two crimes of unfair administration, for which he requests four years in prison, while for another 24 ex-directors of CatalunyaCaixa he requests two years in prison for a single offense of administration unfair.