The judge of the 'Villarejo case' returns to file the case against Brufau and Fainé

Antonio Brufau

The investigation of the separate piece concludes and charges the presidents of Repsol and Caixabank until 2016 because they were unaware of the contract with the commissioner

Matthew Balin

Judicial relief for Repsol and Caixabank. The judge of the National Court Manuel García Castellón, instructor of the 'Villarejo case', has completed the investigation of the separate piece number 21, relative to the so-called Wine project. The magistrate has proposed judging the retired commissioner José Manuel Villarejo and the former security chiefs of both companies for crimes of bribery and disclosure of secrets. Meanwhile, he has decreed the file for Repsol and Caixabank as legal entities and for the presidents of both companies, Antonio Brufau and Isidro Fainé. This from 2011 to 2016.

In the order to pass to the abbreviated procedure (similar to the prosecution), the judge proposes to the Criminal Chamber to bring Villarejo's partner, Rafael Redondo, the aforementioned directors Rafael Araujo and Miguel Fernández Rancaño, Rafael Girona and the commissioner Enrique García Castaño.

Likewise, the magistrate agrees to the provisional dismissal and file with respect to the directors Luis Suárez de Lezo, Joaquín Uris, Juan de Amunátegi and Antonio Masanell in this piece in which the orders of Caixabank and Repsol to Villarejo have been investigated to avoid the assault of Sacyr to the shareholding of the oil company.

In his resolution, the magistrate explains that the investigation shows "without a doubt" that both companies, already at the time of contracting with Cenyt, had a crime prevention model that met the requirements set forth in the law and, therefore, the crimes investigated in this proceeding cannot be attributed to them.

Regarding the presidents of Repsol and Caixabank, he points out that there are no indications or suspicions that the order to contract with Cenyt or Villarejo was known to them, nor that both were informed of its results or of the payment to the supplier, which was made , according to the judge, by the respective heads of Security.

In short, the magistrate concludes that from the numerous investigative steps carried out, it is not possible to maintain the situation of imputation that the two presidents hold today, "when from all that heritage their total lack of participation in the investigated facts is inferred, being prescribed the imputation for merely objective reasons by reason of the charge».

A project of 413,000 euros

In his order, the judge explains that in 2011 Luis del Rivero, then president of Sacyr Vallehermoso, reached an agreement with the Mexican company Pemex to increase his stake in Repsol to almost a third of the share capital without launching a takeover bid.

As a result of these operations, the management services of Caixabank and Repsol jointly articulated different courses of action to avoid said acquisition, including contracting with the Cenyt group (Villarejo), which prepared the so-called Wine project.

In his assignment, according to the judge, it was the directors of Security of Repsol and Caixabank who met on several occasions with Villarejo and Redondo since the end of 2011. The contracted investigation services focused on obtaining information about Del Rivero, his wife, the head of Security at Sacyr and the former Financial Director of Repsol YPF.

For these services, Cenyt received a total of 413,600 euros from Repsol and CaixaBank for an alleged preparation of an intelligence strategy. The judge also indicates that when these events took place, Villarejo was an active Police Commissioner.

The facts would constitute the crimes of passive bribery (Villarejo and Redondo), active bribery (Rafael Araujo, Fernández Rancaño and Rafael Girona) and discovery and revelation of secrets (Enrique García Castano, Villarejo and Redondo).

In two other cars, the magistrate rejects some proceedings requested by Luis del Rivero.

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