Mario Conde sues the State more than 50 million after being excused from the repatriation of stolen money from Banesto

• Justice: Hacienda excuses Mario Conde for money laundering

Former banker Mario Conde finalizes a millionaire claim against the State of more than 50 million euros after being exonerated by the National Court in the so-called ' Operation Fénix' , which led him to prison again in April 2016. The Central Unit The Civil Guard Operative (UCO) and the Anticorruption Prosecutor's Office then accused him of repatriating more than 12 million euros from Banesto and announced that they had found distracted funds from the bank that had not been located until then. According to the investigators, Conde was trying in this way to avoid the civil responsibilities of the Banesto case , which were set at more than 26 million euros.

The Third Section of the National Court completely exonerated Conde, his family and the collaborators who were arrested and imprisoned with him for tax fraud and money laundering a year ago after ruling out that the funds managed by the Conde family in Switzerland came from the financial institution that presided.

As Conde defended from the first moment, the origin of the money was in the sale of the Abelló Laboratories to the Italian firm Montedison : the famous operation that made him a billionaire in the late 1980s and allowed him to buy shares from the bank to take control.

Conde is going to file in the coming days, as EL MUNDO has confirmed, a patrimonial claim against the State in which his children and eleven other people who were implicated in the so - called Operation Phoenix will be integrated .

The demand has been made by the lawyer Manuel Santaella , son of the former lawyer of the former banker, and is based on the fiasco of the judicial operation that returned Mario Conde to prison for a period of two months two decades after the Supreme Court sentenced for the so-called Banesto case to 20 years in prison.

The claimants, headed by Conde, emphasize in their claim, first, that the Criminal Chamber of the National Court confirmed on May 30, 2019 the dismissal that previously, in October 2018, had been ordered by judge Santiago Pedraz. All this after in March 2016 and after an investigation that lasted two years, the Public Ministry attributed to the Conde family and its main collaborators, a rosary of 11 serious crimes for laundering the money from the misappropriations that the Count himself allegedly performed at Banesto under his tenure. The failed investigations started in 2014 after the Money Laundering Prevention Service ( Sepblac ) detected a transfer from Switzerland amounting to € 600,000.

Mario Conde, his daughter Alejandra, and the lawyer Javier de la Vega, highlight that they spent a little more than two months in preventive detention (in the case of Alejandra Conde she was subjected to house arrest for humanitarian reasons due to her son's illness) , and avail themselves of the new doctrine of the Constitutional Court that establishes that all preventive prisons will be compensable when the innocence of the person deprived of liberty is proven, as is his case.

Novel criterion for calculating compensation

According to the lawsuit, the dismissal ordered by Judge Pedraz at the time must "necessarily be translated by atypicality" and, at the same time as it sets a multimillion-dollar compensation for the provisional prisons decreed, it establishes as an object of compensation "the press leak of the complaint and the entire cause during the investigation phase, and especially while the cause was declared secret . " A conduct that, in the opinion of the group led by Conde, "denotes an abnormal functioning of the Justice Administration that has led to a violation of their rights to privacy and to their own image."

When calculating the amount that corresponds to them as compensation, they propose a new criterion in these cases. The plaintiffs claim the same cost that the Administration would have to incur if they had to publish, in the same media that echoed 'Operation Phoenix', "with the same length and occupying the same physical space or temporary "its complete exoneration.

As sources close to the plaintiffs assure this newspaper, in the case of Mario Conde and his two children, the calculation established following the criteria described "would generate the right to compensation that reaches 36 million euros . "

For its part, the lawyer Javier de la Vega , to which was attributed a false decisive role in the alleged money laundering, demand for the days he was deprived of liberty and other material and moral damages the amount of 7.6 million .

For his part, another person close to Conde, the Swiss nationalized Spanish citizen Francisco Romero considers that a minimum figure of 3.2 million euros corresponds to him . The rest of the collaborators involved request a little more than two million euros each, until completing the slightly more than fifty million demanded among all of them.

Mario Conde and the rest of the plaintiffs are based on a battery of expert reports prepared by the Spanish company Cyrity, SL ., Belonging to the security and intelligence sector, and specialized in the prevention and response of reputational risk.

These reports have been carried out, detail the experts, "thanks to a novel proprietary tool developed by Cyrity for obtaining, investigating, analyzing, and quantitatively and qualitatively evaluating the media impact that defamatory , incorrect, or simply outdated information can cause in the reputation of a person. "

To cite some examples, the tool used by this company detected, on the Internet alone, a total of 1,421 different news items published over 146 days with a downward estimate of 48.9 million views . According to the study by specialists in reputational damage, the information published in relation to ' Operation Phoenix ' constituted a "very high impact". In fact, on at least 1,274 occasions the information on the judicial operation against Conde occupied the front pages of numerous media outlets , many of which were included among the most viewed content in the main media analyzed by the experts.

Conde is one of the public figures who, together with the former president of FC Barcelona, Sandro Rosell , have already launched millions of claims against the State for having been recently imprisoned in legal proceedings from which they have been completely acquitted.

In accordance with the criteria of The Trust Project

• economy
• Mario Conde

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