Friday, January 2, 2015

170 investors have criminal complaint against resolution BES – Business Journal – Portugal

170 investors have criminal complaint against resolution BES – Business Journal – Portugal

The group argues that the Governor of the Bank of Portugal, old and new management BES, the GES management and the New Bank administrators must be made defendants and investigated criminally on the resolution given to Banco Espírito Santo.

In the criminal complaint submitted to the Central Court of Criminal Investigation, dated 31 December and presented by the company Miguel Reis and Associates, signed by 170 investors of Banco Espírito Holy, is requested in the first place “adequate criminal investigation” in Portugal and abroad, “in order to determine the factologia material fact which led to resolution of Banco Espirito Santo SA”.

The group investors states that the complaint is filed “against unidentified but identifiable unknown” because “respect the old principle that demands that there be no charges without evidence.”

However, and warning that “the only thing they know with rigor, is at risk of losing all the values ​​of its investments, totaling millions of euros as though they had been robbed, “make a list of potential defendants to justice.

Carlos Costa, BES, GES and New Bank as defendants

So, require that “defendants consisting Governor” of the Bank of Portugal, Carlos Costa, and “managers” of the same institution, ” investigating whether their acts and behaviors in the previous stage and later stage as resolution “, publicly announced on the evening of August 3, 2014, live on television.

Carlos Costa and the rest management of the Bank of Portugal is particularly aimed at the exhibition criminal complaint. They claim the plaintiffs have themselves been “deceived when they heard the Governor of the Bank of Portugal, Carlos Costa, to say the opposite of what had always claimed” – namely “that BES was a safe bank, above suspicion.”

They ask also that “defendants consisting all individuals who served on the governing bodies of the Bank Holy Spirit SA [BES] and enterprises of the Holy Spirit Group [GES] that are liable to BES”. The purpose of the criminal complaint signatories with 118 pages is an investigation of this case, “their responsibilities in creating the ‘hole’ financial that the Bank of Portugal says there”.

Neither the new administration bank escapes:. is requested that defendants consist of, too, “the new managers of BES”

Finally, the complainants also ask the Court “to be made defendants the Board Members of the New Bank SA “.

Angola to investigate

The group of 170 subscribers also calls” an investigation of the fate that had the funds allegedly were recorded at Debt BESA [Banco Espírito Santo Angola] “that advocates were not” sent to Angola. “

And that, in this context,” to investigate the conditions and circumstances of the destruction of the sovereign guarantee the Republic of Angola, all documents are seizing-and-investigating where the said guarantee. ”

To safeguard heritage

Watch out for “damages” that the plaintiffs accuse the officials of the Bank of Portugal, “with the deception that are authors,” according defend in the complaint shows the December 31 to justice, the signatories argue that “should be taken appropriate action to listing of all his assets in order to, at your expense, if lessening the losses of investors.”

still advocate the “seizure of all commercial and BES computers writing, in order to prevent its destruction,” that “prevent” claim, “the discovery of material truth.”

And finally, require justice “order the seizure of all assets of persons” mentioned – read: Governor of the Bank of Portugal, BES administration (old and new), GES administration and management of the New Bank – ” to ensure that they not delapidem, reducing to zero the guarantee of its obligations. “

In the case of BES administrators and GES are asked the same” inventory of all their assets, Portugal and abroad, to any compensation for damages that have caused. “

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