Good part of the thirty or so ex-directors and ex-directors of BFA-Bankia accused of fraud in the IPO of the entity in 2011, as well as Sample Retirement Letters and the audit firm Deloitte, also prosecuted for that operation, have asked at the beginning of the oral hearing this week to annul the trial by applying the so-called Botín doctrine, alleging that the Public Ministry only accuses four of the defendants and that the The only alleged affected by the public offering of subscription (ops) is the FROB. Well, the Anticorruption Prosecutor considers that the economic impact that the restraint of the entity had for the entire financial sector and Spain makes the trial have a collective interest, thus rejecting the application of that doctrine.
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And this is the argument of the prosecutor Carmen Launa to reject the application of the Botín doctrine, something that in any case will have to decide finally the judge in charge of the case, Ángela Murillo.
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Anyway, the Anti-Corruption Prosecutor’s Office, which on Monday opened the door to toughen its accusation and extend it to all the accused, which would close the door to the application of that doctrine, also alleges that the FROB, a public entity that defrayed the rescue of the entity, has not been the only one affected by the Bankia IPO.
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The prosecutor recalled that this rescue has meant a cost for the State for now of 22,424 million, put at risk the stability of the Spanish financial system, the Ibex price dragged and triggered the country’s risk premium.
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Some defendants, including Bankia, have also requested that part of the private accusations be withdrawn from the hearing because they have already been compensated by the entity itself through arbitration or through civil proceedings. I
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n this regard, the prosecutor has also rejected this possibility by arguing that the civil procedure does not involve the closure of the criminal.
The Public Prosecutor’s Office only accuses investors of only Rodrigo Rato, Francisco Verdú, José Luis Olivas and José Manuel Sample Retirement Letters, but not the other 26 former counselors, to whom they only accuse the private and popular accusations. Subsequently, that doctrine was qualified by another called Atutxa in another trial against the former president of the Basque Parliament Juan María Atutxa, which clarifies that it is possible to judge whether the alleged crime has a collective interest.