The Prosecutor’s Office has requested to archive the case for alleged money laundering that splashes Banco Santander and BNP Paribas for its relationship with the Swiss subsidiary of HSBC, within the framework of the ‘Falciani list’. A procedure in which the entities are not charged, but six managers of the first and two other managers and a former manager of the second. He Public ministry He does not see it possible to maintain the accusation against those investigated, although he points out the “serious irregularities” allegedly committed by individual banks.
«The reports of the judicial experts and the documentation incorporated into the proceedings have revealed serious irregularities carried out by the two Spanish entities under investigation and in the period before the proceedings, in the assessment of the joint high risk represented by the entity HSBC Private Bank Suisse, the specific operation developed, and the country where it carried out its activities, Switzerland. says the Anti-Corruption brief. This refers to the lack of controls over the funds that HSBC moved through these two banks in Spain and the non-consideration of HSBC as a high-risk entity at the time when Santander (and later BNP) provided correspondent and custody services. to the Swiss firm in our country. And in the same vein he adds: “This consideration further aggravates the notorious publicity reached in the media of the involvement in the concealment of the massive tax fraud carried out by the Swiss entity.”
Despite this reproach, the Prosecutor’s Office considers that there is “Obvious technical difficulties” in the resolution of this problem, and that there is “no certainty about the result of the criminal claim that could be raised in the seat of prosecution.” There is neither possibility nor sufficient evidence to proceed with the laundering investigation.
There is no margin to continue with the imputation of these executives, but the Public Ministry also pronounces in these terms. «This bitter evidence has revealed how the operation by which the entity HSBC Private Bank Suisse provided Spanish taxpayers with the mechanisms to hide their funds from the Spanish public treasury (among other criminal acts), extended to the use and repatriation of the themselves, counting on the necessary action of their correspondent entity in Spain, Banco Santander SA and Santander Investment, and BNP Paribas SecuritiesServices who lent their support in specific operations, “he says in his letter.
The Prosecutor’s Office, however, does consider it necessary to continue the investigation by means other than punishment: «We are interested in the remission of everything that has been done in this Piece to the Commission for the Prevention of Money Laundering and Monetary Offenses and to the CNMV, for the appropriate purposes, to purify the responsibilities that may come within its sphere of competence, or the activation of the appropriate control mechanisms in view of the events described.