The defense of the president of the Association of Users of Banking Services (Ausbanc), Luis Pineda, has asked the Fourth Section of the Criminal Chamber of the National Court to urge Bankia to clarify whether it maintains the private accusation against it after the merger with Caixabank becomes effective. In the letter, to which ABC has had access, Pineda’s defense asks that Bankia’s procedural representation be required to clarify whether Caixabank is interested in maintaining the accusation against Ausbanc in the case of the same name, because if so « it will demand to fulfill the opportune procedures so that the procedural succession takes place ”.
“This, of course, is of special interest for this process, because, if this circumstance is not clarified, a situation of procedural teratology could arise that would prevent said accusation from developing valid procedural acts as it lacks ad causam and ad procesum legitimation, given its extinction and the emergence of a new legal entity “, reads the letter.
Likewise, the letter recalls that Caixabank rejected the exercise of procedural actions in the case “and the entity has never requested to appear in any way”.
The oral hearing of the case is now in the reports phase, after which the defendants will have the last word. Once this process is completed, the trial will be seen for sentencing after more than one year of sessions.
In mid-March, the prosecutor modified his request for prison terms to 116 years in prison for Pineda and 25 years for the general secretary of Manos Limpias, Miguel Bernad, in the trial for the alleged extortion plot against banks and companies. Prosecutor José Perals made slight modifications to the penalties claimed for Pineda and the other nine defendants, but maintained his request that they be imposed on all of them. Jail sentences for crimes of criminal organization, extortion, fraud, against the Public Treasury and money laundering.
In Pineda’s case, the Prosecutor’s Office charged him with a crime of criminal organization as a leader, 16 ongoing crimes of extortion, three more crimes of extortion, and eight crimes of attempted extortion. The crime of fraud, the crime against the Public Treasury and that of money laundering are added. The fine he is requesting for him is 10.3 million euros.
In this way, the prosecutor insists that the network supposedly organized by Pineda entered between 2011 and 2015 at least 18 million euros from financial entities that they extorted under the threat of publishing unfavorable information and with the promise to withdraw accusations in causes judicial