The judge asks the Prosecutor's Office if he should investigate the former CNMV leader for the 2012 Popular capital increase

Former investors of the extinct entity ask that it investigate senior managers of the CNMV whom they accuse of inaction in the "fraud"

MADRID, 19 Dic. (EUROPA PRESS) -

The judge of the National Court Santiago Pedraz has asked the Prosecutor's Office to report on whether to admit for processing the complaint filed by shareholders of the extinct Banco Popular against what was the leadership of the National Securities Market Commission (CNMV) at the time of the capital increase of the entity in 2012.

Legal sources have explained to Europa Press that the head of the Central Court of Instruction Number 5 has not yet received the report that interested the Public Ministry after receiving a complaint in which 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.

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.

This new letter is directed, the investors explain, against the members of the bodies, general directorates, commissions and departments of the CNMV, whose data allow to specify the identification within the organization or group of people to whom a crime of fraud to investors or breach of the duties of information as well as a crime of administrative prevarication.

The complaint maintains 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" , adduces.

It also states that the crimes attributed to them would not be prescribed. "The conduct of the defendants contributed to Banco Popular obtaining the investment and the damage caused to investors and the market. And, in addition, for an amount of 2,500,000,000.00 euros. The statute of limitations is ten years, and the aforementioned capital increase and effective monetary transfer to the bank by investors took place on December 5, 2012", he points out.

Regarding the crime of administrative prevarication, the letter adds, the prescription period is 15 years, interrupting the present complaint the prescription for said crime and, likewise, that of article 286 bis.

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