Del Rivero denied that BBVA acted like Repsol on Villarejo’s orders.

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The situation of BBVA and Repsol in the Villarejo case Can’t compare. Former President Sacir Vallehermoso has made this conclusion. Louis Rivero In a recent report submitted to Judge Manuel García Castellón of the National High Court as part of an open recruitment process for former commissioners Jose Manuel Villarejo Basque financial institution for more than a decade. As he points out, a bank can’t claim it had a “robust” crime prevention plan in place at the time of the incident, like an oil company trying to get charges for paying an undercover agent entirely. 10.3 million euros for services rendered, because, according to him, he could not prove the same during the period of three years during which his inquiry was pending.

Del Rivero is personally the victim of espionage by Villarejo who has a macro cause in two of the thirty lines of investigation, specifically related to the orders he made on the one hand, BBVA and on the other hand, Repsol D Caixa Bank. In the first of these, the ex-chairman of Sassir is jointly prosecuted with a former director of BBVA. Jose Domingo de Ampuero; and former Deputy General Manager of BBVA and Director and Board Secretary of Sacyr, Vincent BenedictDubbed “The Hostile Group” by an undercover agent, “trap project(or TRAPA), developed in 2004 by a construction company to thwart an attempted attack on a bank’s board of directors. As far as the oil company is concerned, Villarejo’s companies were contracted in 2011 – with the help of CaixaBank, which was then the majority shareholder – for the same purpose: to try to derail the deal between Sacyr and the Mexican. pemex.

Thus, in the ninth separate part of the “Tándem case” dedicated to BBVA, the lawyer of these three businessmen filed a statement, to which La Información had access, the bank of which they are the head, Charles Torres Maintaining the status of the legal entity under investigation at the final stage of the investigation. Although the document is dated Tuesday, a day after the investigating judge refused to disqualify the financial institution, it emphasizes that a representative of the bank must leave to testify again on October 26.

The purpose of the discussion is to clear the doubts that exist while working with Senit, the professional network led by Villarejo. Effective system of compliance with crime prevention measures. All this after the anti-corruption prosecutor’s office raised suspicions about the possibility of continuing “business” with the “Villarejo clan” following the arrest of the commissioner in November 2017, finding signs that the bank had ordered similar services. AmbicolCompany Head Antonio BonillaAn ex-inspector who was in the force of undercover agents and who worked as director of operations for Senit Group.

According to Hostile Group, BBVA cannot dismiss by citing “Repsol and the Caixabank Theory”.Ibex 35 companies whose obligation to contract with Cenyt has been stored – although the Criminal Chamber is awaiting the resolution of the appeal for the second time – or previously followed Indra remove him from the “Punica case” unless he can show that he “had a criminal law enforcement system in place prior to the events that would have reasonably prevented and responded to the crimes. Bribery and confidentiality Who are under investigation.” “As per our humble understanding, nothing has been approved by the organization,” he added.

“Corporate Crime”

Carlos Gómez Jara, the lawyer for the three victims, recalls Section 31 of the Criminal Code, which regulates the liability of legal persons, was introduced in 2010 and established the requirement for companies to comply with regulatory models five years later. With the establishment of this period, the advice indicates that the relationship between BBVA and Senit existed before the entry into force of the above article, although it indicates that the same It has been extended till at least 2017. In this sense, he argues that “in the early months of 2011”, after the reform of the Criminal Code came into force, BBVA’s compliance management system did not undergo “significant changes” until “2017”. .

Thus, Hostile Group argues that “we are not dealing with a timeliness violation related to any employee’s personal motivation, but A sample case of corporate crime” And the proof of this, he says, is that “the notification focused on the intervention of the president of the company – in the relationship Francis GonzalezBBVA’s current chief’s predecessor- and high-level executives, including the organization’s head of corporate security, Julio Corrosiano-. About behavior not detected or checked For 14 years before the commencement of legal proceedings.

There is no standard procedure

Finally, attorneys for Del Rivero, De Ampuero and Benedito warn accordingly Forensic report No distinction was made between the “logistical and financial accounts” that BBVA had directed to fulfill the domestic duties and those granted to the National High Court. Moreover, according to what he noted, most subscriptions to Villarejo companies “did not include standard procedures, was not related to the order or purchase order within the management platform”, and payments were made “not as suppliers debtor (as was done, for example, to meet back tax, social security, or administration obligations). For all these reasons, he claims that “challan were not subject to control and verifiable mechanisms Ensure transparency in sourcing, negotiation and billing processes.

“What is important is not whether BBVA eventually managed to access or use the illegally obtained information, but why BBVA awarded the contract to Senit in violation of contracting and sourcing rules.”

“Given this, this does not explain the BBVA representation Why was Senit chosen? Why was €10,284,689.30 paid for this work (why was Cenyt always used for certain types of work?), or for work that other companies could legitimately do for less, or why was it not necessary A lot of privacy About Senit’s works. It doesn’t matter whether BBVA ultimately succeeds in accessing or using the illegally obtained information (which, again, in the context of our sponsors, is entirely acceptable), but what BBVA contracted with Senit for. Violation of employment rules and supplier selection. These questions remain unanswered in the BBVA brief,” concluded the briefing presented to the judge.

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