The judge of the National Court Manuel García-Castellón has agreed to summon Repsol and Caixabank as investigated as legal entities for the alleged hiring of retired commissioner Jose Manuel Villarejo to carry out an investigation on the president of Sacyr Luis del Rivero and his environment . The instructor of the Tandem case attributed to the companies the crimes of bribery and disclosure of secrets.
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The judge requires Repsol and Caixabank to appoint a representative, as well as a lawyer and solicitor to carry out the appearance in which the representatives of the two companies will be informed of the facts attributed to them. Once said appearance has been held, the head of the Central Investigating Court 6 will appoint the representative appointed by Repsol, SA and by Caixabank SA to take a statement on July 26 at 10 in the morning.
In a car, García Castellón indicates that at this time of the investigation carried out within the framework of separate piece number 21 it is incidentally proven that both companies, through their security officers, carried out a direct order to Villarejo, when he was in active duty in the National Police Force to investigate Luis del Rivero and his environment.
Said investigation, adds the magistrate in his brief, would have been used to frustrate the pact that Luis del Rivero, through Sacyr, had reached with the Mexican company Pemex to take control of Repsol SA, a company in which Caixabank SA was a shareholder of reference. In the same way, the judge considers incidentally proven that both companies, acting jointly, accessed the traffic of telephone calls made by Luis del Rivero and people around him.
The magistrate explains in his letter that in order to charge a legal person, in accordance with article 31 bis.1 of the Penal Code, the crime is required to be committed for the direct or indirect benefit of the entity. In the specific case, the order indicates that the invoices issued by Villarejo in the execution of the investigation works commissioned were paid by Caixabank and Repsol, “showing that the actions of the investigated were carried out at all times in the name and by the company’s own account ”.
The judge appreciates doubts about the diligence used by the two entities in hiring Villarejo’s services and for this he highlights two extremes: the legality of the contracted service and the status of Jose Manuel Villarejo as a public official. Both Caixabank and Repsol at the time sent documentation in which both alluded to the legality of the hiring of the Cenyt company, justifying it in the conviction that it was private security services.
The judge appreciates a serious failure in the due diligence to verify that Cenyt was never authorized to carry out private security activities as it is a verification that can be carried out through the Central Private Security Unit of the National Police.
For the magistrate, it is especially striking that this verification was not carried out when the two Repsol and Caixabank Security Chiefs who hired Villarejo had been Chief of the Central Private Security Unit of the National Police (in the case of the Chief of Security of Repsol) and Superior Chief of Police in Galicia and Catalonia in the case of the Caixabank Security Officer. Both commissioners are already charged.
He adds that both, although they were not active, had to know the rank of the members of the National Police Corps to know that Jose Manuel Villarejo was working as an active police officer when the two companies investigated hired his services.
García Castellón concludes that the lack of due diligence of these two companies, with an impact on the criminal outcome investigated, requires, “the less the responsible entities explain in court why this situation could have occurred.”