The judge of the National Court

Manuel García Castellón

has agreed to the imputation of Repsol and CaixaBank as legal persons in the investigation of the Villarejo case.

The magistrate attributes the alleged crimes of

bribery and the crime of revealing secrets to them

for their alleged participation in the hiring of retired commissioner

José Manuel Villarejo

to carry out an investigation on the president of Sacyr, Luis del Rivero, and his environment.

In his resolution this Thursday, the judge requires the two entities to appoint a representative, as well as a lawyer and attorney to carry out the appearance in which the representatives of the two companies will be informed of the facts attributed to them. .

Once said appearance has been held, the head of the Central Investigative Court 6 summons the appointed representatives to take a statement on

July 26

at 10 in the morning.

In a car, García Castellón indicates that at this time of the investigation carried out within the framework of separate piece number 21, it is incidentally proven that both companies, through their security officers, carried out a direct order to Villarejo, when he was in active duty in the National Police Corps to investigate Luis del Rivero and his environment.

Said investigation, adds the magistrate in his brief, would have been used to frustrate the pact that Luis del Rivero, through Sacyr, had reached with the Mexican company Pemex to take control of Repsol, a company in which CaixaBank was a reference shareholder.

In the same way, the judge considers incidentally proven that both companies, acting jointly, accessed the traffic of telephone calls made by Luis del Rivero and people around him.

The magistrate explains in his letter that in order to charge a legal person, the Penal Code

requires that the crime be committed for the direct or indirect benefit of the entity.

In the specific case, the order indicates that the invoices issued by Villarejo in the execution of the investigation work commissioned were paid by CaixaBank and Repsol, "showing that the actions of those investigated were carried out at all times in the name and by own company account ".

The judge appreciates doubts about the diligence used by the two entities in the contracting of Villarejo's services and for this he highlights two extremes: the legality of the contracted service and the status of Villarejo's public official.

Both CaixaBank and Repsol at the time sent documentation in which both alluded to the legality of the hiring of the company Cenyt -controlled by Villarejo- justifying it in the conviction that it was

private security services

.

The judge appreciates a serious failure in the due diligence to verify that Cenyt was never authorized to carry out private security activities as it is a verification that can be carried out through the Central Private Security Unit of the National Police.

For the magistrate, it is especially

striking that this verification was not carried out

when the two Repsol and CaixaBank Security Chiefs who hired Villarejo had been Chief of the Central Private Security Unit of the National Police (in the case of the Chief of Security of Repsol) and Superior Chief of Police in Galicia and Catalonia in the case of the CaixaBank Security Officer.

He adds that both, although they were not active, had to know the ranks of the members of the National Police Corps to know that Villarejo was working as an active police officer when the two companies investigated hired his services.

García Castellón concludes that the lack of due diligence of these two companies, which had an impact on the criminal outcome investigated, requires, "at least, that the responsible entities explain in court why this situation could have occurred."

According to the criteria of The Trust Project

Know more

  • National audience

  • CaixaBank

  • Jose Manuel Villarejo

  • Castellon

  • Corruption

  • Catalonia

  • Galicia

  • Justice

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