The judge rejects the Popular shareholders' complaint against the leadership of the CNMV for the 2012 expansion

MADRID, 23 Ene. (EUROPA PRESS) -

The judge of the National Court Santiago Pedraz, who is investigating the capital increase of Banco Popular in 2012, has refused to admit the complaint filed by shareholders of the extinct entity against the former leadership of the National Securities Market Commission (CNMV) in that year because "there are no new elements that can justify an extension of the object of the investigation".

This is reflected in an order, to which Europa Press has had access, and in which it follows the criteria of the Public Prosecutor's Office to influence that, in addition, the complaint itself "refers to documents that are already included in the preliminary proceedings -of the cause-- from the beginning of its processing".

In this way, Pedraz declares himself competent to hear the complaint, adds it to the proceedings that he has open in the Popular case and, immediately afterwards, rejects it, recalling that in his investigation the alleged commission of the crimes of fraud is already being studied. investors, unfair management of corporate assets and others.

In that complaint, it was requested that the former presidents of the CNMV Julio Segura and Elvira Rodríguez and their respective vice presidents, Lourdes Centeno and Fernando Restoy, be charged, among others. In addition, the complainants asked the magistrate to investigate the member and adviser of the CNMV Francisco Javier Ariztegui, the member of the CNMV council Íñigo Fernández de Mesa and the natural persons who are members of the council itself who "adopted decisions in the exercise of their functions regarding or in relation to the prospectus of the capital increase".

It should be remembered that Judge Pedraz admitted last June two lawsuits filed, among others, against Banco Popular and its former president Ángel Ron for an alleged crime of investor fraud or breach of information duties in the capital increase for the year 2012. One of them was presented, like the latter, by Miguel Ángel Pereira on behalf of 50 other people who lost their money in the aforementioned extension.

The complaint that the judge now rejects was directed against the members of the bodies, general directorates, commissions and departments of the CNMV, whose data allow us to specify the identification within the organization or group of people to whom a crime of fraud is attributed. to investors or breach of information duties as well as a crime of administrative prevarication.

It maintained that all of them "participated, at least, by omission, in the investor fraud that is being investigated in this court." "And, in fact, with their unjust resolutions for being aware of what was happening in relation to Banco Popular at the time of the events, or in any case with sufficient capacity to be able to know but deliberately ignoring it, they made it possible to perpetrate the massive fraud" , he argued.

The complainants asked the magistrate to take a statement from the former CNMV directors against whom they are directing their brief, to request a series of documentation from the body and to ask the Bank of Spain for reports, documents and files prepared by the inspection and supervision group issued during the years 2010 to 2012 in relation to Banco Pastor.