Ricardo Salgado was charged in Operation Marquis, the process that involves the prime minister, José Socrates, and that has ramifications for the business of the former Portugal Telecom in Brazil. The constitution as the defendant is not a novelty for the Salt, as the former president of Banco Espírito Santo is also in two other investigations: the mont blanc and the Universe the Holy Spirit. In the cast of crimes of which the ex-banker is suspected, there is now a new feature: the trafficking of influence.
According to the Criminal Code, the trafficking of influence is a crime against the State, aiming to “those who, by himself or by a third person, with his consent or ratification, solicit or accept, for himself or for third, advantage pecuniary or non-property, or its promise, to abuse their influence, real or supposed, before any public entity”.
The prison sentence foreseen is one to five years when the order to get on with the practice of such an act is an “unlawful decision favorable”, according to the same Code. When a favourable decision is “lawful”, the penalty of imprisonment applicable is up to three years or a fine.
This is one of the crimes that led to the constitution of Ricardo Salgado as the defendant in the Operation Marquis, which has the ex-prime minister Jose Socrates as a central figure. The SCI News, which has advanced with the information that the former leader of the BES was to be heard in the Central Department of Investigation and Penal Action (DCIAP), points out that the process is “gloves” around 20 million euros that may have benefited the companies of the Espirito Santo Group and that were related to the business of PT, Oi and Vivo in Brazil. The PT had to Live but ended up selling it to the Spanish Telefónica although, in a first attempt, José Sócrates has given orders to the General Box of Deposits, then a shareholder of PT, and to reject the operation.
The sale of Vivo by the Portuguese company, which in addition to the CGD had the BES as a shareholder, just by happen-but, on the other hand, was acquired by the operator Oi to maintain their presence in the brazilian market.
The release of the General Prosecutor of the Republic, released this Wednesday, January 18, after the news, did not make any reference about that entity or the holder(s) of title(s) public(s) has allegedly committed the trafficking of influence.
in Addition to the suspicion of this crime, the Prosecutor General of the Republic reveals that, under the Operation Marquis, the Salt is suspect from the practice of facts likely to be part of” the crimes of corruption, abuse of trust, money laundering and tax fraud qualified.
other processes
The clues that point to facts likely to integrate these crimes already listed in two other cases in which Ricardo Salgado was charged.
In the process the Universe the Holy Spirit, the suspicion is the practice of “crimes of swindling qualified, falsification of documents, forgery, information technology, money laundering, tax fraud and qualified corruption in the private sector”, the second revealed the PGR to 25 July 2015. This crime investigates, for example, the falsification of accounts in companies of the Espírito Santo Group and its consequences on the customers of BES (in the case of the commercial paper issued by the group).
These were already crimes enrolled in research at the White Mountain, the first in which the old banker was charged in the July 24, 2014: “Possible offences of fraud, abuse of confidence, forgery and money laundering”. The case of the White Mountain is a network of tax fraud and money laundering. Among the aspects investigated was the donation of 14 million euros given by the constructor civil José Guilherme to the banker.
it Was in this process that Ricardo Salgado had to pay a deposit of 3 million euros, having, after, been under house arrest.
Money, the common crime
Common to all processes in which the Salt was constituted as the accused is the possible crime of money laundering, which must always involve the taking of “goods coming from the practice, under any form of joint ventures, of facts illegal”.
According to the Criminal Code, the practice of this crime, “those who convert, transfer, assist or facilitate any operation of conversion or transfer of advantages obtained by themselves or by a third party, directly or indirectly, for the purpose of concealing its illicit origin, or to prevent the perpetrator or participant of such offences to be criminally persecuted or subjected to a reaction criminal”.
But not only: “those who conceal or disguise the true nature, source, location, disposition, movement or ownership of the advantages or rights of her relative” is also framed in this article.
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