closure and collection of investigations against Antonio Brufauas the chairman of Repsoland of Isidro Financeformer president of Caxabank; and as legal persons by both corporations, so-called villarejo case, National High Court Judge Manuel-Garcia CastellonOn top of the investigation, the judicial inquiry is abolished upon the hiring of the services of both the entities near you – Commercial group owned by former commissioner – possibly to spy on the then president Sasir, louis rivero, It’s fixed this Thursday by a trainer in a car.
Head of the Central Court of Instruction No. 6 national audienceThe magistrate ordered the transfer of the investigation to the abbreviated process stage, most responsible for the alleged illegal assignment to Villarejo—as alleged perpetrators of the offense of active bribery— former security chief of both the companies at the time of contract: Rafael Araujo, by the oil company, and Miguel Angel Fernandez Rankano, In the organizational chart of the financial institution.
In addition, the magistrate has also prosecuted Villarejo and his accomplice. Rafale Round For possible commission of two separate offenses of passive bribery and discovery and disclosure of secrets. Finally, it puts the former deputy director of corporate security one step away from the bench at Repsol. Rafael Girona and former head of the Central Operational Support Unit (UCAO) Enrique Garcia Castano, Also for active bribery and the discovery and revelation of secrets, respectively.
Since “there are not enough elements to hold the commission of offences”, the judge ordered the dismissal of Repsol’s officers. Luis Suarez de Lazo, Juan de Amunategui You Joaquin Urisiand former Director General of Media at Caxabank, Antonio Masanel,
Fainé “did not know the details”
The case file against Isidro Fine proved in the fact that the executive “did not know the details of the contract, neither the specific provider nor the details of the services provided”, as confirmed in the “declarations”. Till date and in the investigation conducted by internal audit.
Not in vain, the judge recalled how Araujo, in his statement to the National High Court this Tuesday, confirmed that “the initiative to contract Cenit was exclusively his and he did not make any representations to his organization regarding the name of the outside supplier.” did not inform the director” which, in this case, was Villarejo Business Group.
And that, the instructor continues, the fact that Fenn “recognized in his statement as an investigator has generated concern Sasser-Pemex AgreementConsidering this to be highly detrimental to Repsol, of which Caxabank was a shareholder, is a fair statement in the context in which the said Agreement was entered into.
However, this is “not an indication of anything” in the judicial terms for García-Castellón, who emphasized that Fine “was aware of the recruitment of an external security service, details of which he did not know”. , is it not an acceptable objectionable element at this procedural moment ».
The “initiative” was not Brufau’s
With regard to Brufau, the magistrate has made it clear that “there are no indications or doubts from which it may be inferred that the fulfillment of the Senate’s contract was initiated by him” nor that he was informed in detail. . Outcomes of the conversation ”of the Villarejo Group. Maintaining this without any support in the documentary or practice statement would be mere conjecture, he said.
For Judge García-Castellón, as in Fenn’s case, “the fact that Brufau was aware of the recruitment of an external security service, of which he was unaware, is not an acceptable objectionable element at this procedural stage.” ” “Besides the fact that he did not even participate in the supplier’s payment, Mr. Araujo did something with his budget and within the scope of his actions,” he concluded.
Companies “Monitoring” Regulatory Compliance
With respect to Repsol and Caixabank as legal entities, the judge confirmed that the testimonials made it possible to prove that “both companies had assessed the risks inherent in their activity and that the offenses of bribery and secrets as specific.” the discovery and disclosure of the risks of its activity.
In addition, both the oil company and the entity “had effective controls” for the prevention of crimes, they “had an adequate grievance channel and were known to communicate any violations of the control and prevention framework by employees”, And they were “a compliance unit in charge of monitoring and controlling the implemented model”.
“In short, both companies, regulated, supervised and audited, fulfilled their supervision and control obligations without attributing the alleged commission of the offenses investigated by this instructor for deficiencies in this case,” he justifies.
The Detective of Sasir and Del Rivero
The movement is part of Part 21 of ‘Tandem’, in which the judge investigates whether Repsol and Caxabank asked CENYT in 2011 to spy on Del Rivero and his crew in order to give Sasir and his Mexican ally Pemex control of Repsol. to be prevented from taking
The trainer explains that “the purpose of this recruitment” of Villarejo by former security chiefs was “to sabotage the deal.” «As a result of this joint commission, the CENYT Group created the so-called ‘Wine Project’. Araujo and Fernandez Rankano participated in their work”, he says.
He had “several meetings with Villarejo and Redondo” between the end of 2011 and the first half of 2021. “In return, the aforementioned Rafael Girona also participated in the management of the assignment and the meetings.”
Contracted Investigative Services, the judge focused on obtaining information about del Rivero, his wife, security chief at Sasir and Fernando Ramírez Mazaredo, former financial director of Repsol. “As a result of this assignment, several reports and documents were produced,” he says.
In particular, he reports, “information referring to telephone calls made by Luis del Rivero and others in his vicinity was accessed, which constitutes reserved data, for which open sources or public There is no access through the record.”
For these assignments, the judge concluded in his story, the retired commissioner invoiced a total of 413,600 euros, of which 218,900 euros were paid by Repsol and 194,700 by Caixabank.
The National Court closed the investigation and acquitted Repsol, Caixabank, Brufau and Fine to order Villarejo.