The Malaga Prosecutor's Office archives the investigation proceedings on Braulio Medel when he was president of Unicaja

MÁLAGA, 6 Jul. (EUROPA PRESS) -

The Malaga Prosecutor's Office has filed the investigation proceedings initiated on the former president of Unicaja Braulio Medel as a result of the two complaints filed, related to various crimes, such as unfair administration or misappropriation.

These actions of the Prosecutor's Office began as a result of joining the complaints of the Intersindical Credit Union Confederation (CIC) and Pedro Moreno Brenes, who had aspects in common and in which they urged to investigate payments made at the time by Unicaja to Ausbanc - -a matter that was already judged in the National High Court--; as well as charges by Medel for participation in boards of directors of other entities that were considered irregular.

After analyzing the ruling of the National Court for the Ausbanc case and the documentation requested from the Ministry of Economy on inspections by the Bank of Spain and the National Police regarding payments and transfers from the entity to other companies, the Prosecutor's Office concludes in a decree, to which Europa Press has had access, that all the complaints filed must be archived.

In the first place, on the Ausbanc case, the prosecutor agrees to the provisional file. It is indicated that the payments to said entity, which would add up to a total of one million euros, are in the proven facts of the sentence, which is not final; but the prosecutor indicates that they must be put in relation to the explanations given by the Chamber of the National High Court in said resolution, "ruling out the possibility of his criminal reproach".

In this regard, the resolution considers that said payments "are the consequence of extortion" by the person in charge of Ausbanc, Luis Pineda, on the directors of Unicaja "through the tortious use of another criminal case", specifically the ERE case, in which Medel was under investigation at the time, noting that Pineda finally requested his dismissal in that proceeding.

The sentence considers that "the directors of Unicaja agreed to make the required payments in fear of the reputational damage that the aforementioned entity could suffer at a time when it was in the process of merging with other entities and going public, with a undoubted economic and social transcendence".

The Prosecutor's Office recalls in its decree what the sentence on extortion and intimidation related to banking entities explains, pointing out that in said sentence Unicaja appears "as a victim of the crime of extortion, and must be compensated as harmed by those convicted." "And on that same basis is why in said case no criminal charge is made" neither to Medel nor to the former secretary general of Unicaja, Ángel Fernández Noriega.

This sentence has been appealed by the convicted, for which "prudence dictates ruling out the initiation of a new investigation into the facts related to Medel and Fernández Noriega, the object of these proceedings, proceeding to its provisional filing until the Supreme Court resolves the challenges made against it," states the decree of the Public Ministry.

In this regard, it indicates that if the conviction for the crime of extortion were confirmed in this section, "those now denounced could not be criminally prosecuted under penalty of damaging the principle of 'non bis in idem' in its procedural aspect that prevents a double trial penalty with the same object.

On the other hand, in relation to Medel's bonuses for belonging to boards of directors in other entities while he was president of Unicaja, the Prosecutor's Office indicates that based on the information obtained from the Ministry of Finance "there is no evidence that sanctioning proceedings have been initiated for said reason" .

On the contrary, says the tax decree, there is a report from the inspection services of 2017 that states that "no illegality is proven in terms of Medel's membership in various councils, as it does not exceed the maximum established limit. It is also archived the part of the CIC complaint related to the alleged incompatibility in the simultaneous performance of positions in several councils, since "it lacks criminal relevance."