Lisbon Court rejects Salgado’s claim and fines appeals
O TRL, dated today and consulted today by Lusa, and rejected in a sixth decision all the appeals presented by Ricardo Salgado, a singular decision taken in 2021 by the court, the request to carry out a and Supervisão (TCRS), which sentenced him to pay a fine of 4 million euros for infractions that were attributed to him in the processes relating to Banco Espírito Santo Angola (BESA) and Eurofin.
“We confirm the singular decision of complaint and, consequently, we reject the holding of a conference hearing, which has as rapporteur the judge Carlos Melo Marinho.
The same judgment dismisses the appeals filed by Ricardo Salgado, Amílcar Morais Pires, Gherardo Petracchini and Rui Silveira, confirming “in full” the sentence of September 30, 2021 in which they were sentenced by the TCRS to pay fines of 4 million euros , 3.5 million, 150,000 (suspended in three quarters for a period of five years) and 120,000 euros, respectively.
The judgment that affirms a claim presented by Salgado not complying with the provisions of the Criminal Procedure Code, “due to its vacuity of the abstract extension, general remission to areas of resources marked by its extension and unusual extension (more than a thousand pages), reiterations and wide exercise of the faculty to plead and explain (in terms that leave no room for any doubt).
For the judges of the Intellectual Property, Competition, Regulation and Supervision Section of the TRL, “the right of the defendants to be heard in a public hearing”, provided for in the European Convention on Human Rights, “was guaranteed before the Court of First Instance” .
On the other hand, “a new hearing is not necessary to assess the disputed facts”, since the Court of Appeal “can only see questions of law”, he adds.
The request, since “the technical nature made in this process, “aligned with the procedural deadlines of the administrative offense procedure, makes it preferable to discuss” Written questions of Law, for reasons of economy and procedural efficiency”, specifically emphasizing that the request does not and or specifically “the feature discussion points you want to see vers”.
The RS sentence, confirmed by the TRL, considered the ones brought by Salgado, Morais Pires and Petrachini, based on Rui Silveira to the fines imposed by the Bank of Portugal (BdP), to be unfounded.
In that decision, Judge Mariana Gomes Machado had determined the imposition of a single fine of 4 million euros on Ricardo Salgado, who was ordered by the supervisor to pay 1.8 million euros under the BESA process and 3 million euros make Eurofin.
Considering that the practice of infractions imputed by the BdP to Ricardo Salgado was considered proven, without account, the judge justified a penalty as corresponding to the maximum allowed limit, in view of the value of the fines imposed in two other cases against which they have already passed. in res judicata, and asked for a communication of the decision to the case files in the Lisbon Criminal Investigation Court, given the interest of the TCRS in the arrests determined there.
Amílcar Morais Pires, who the TCRS recalled having condemned the financial department and who attributed the practice of all the infractions contained in the administrative decision, was applied when, in legal summation, a fine of 3.5 million euros, BdP to the payment of 1 .2 million euros in the BESA process and 3.5 million in Eurofin.
The Court now upholds Petraccini’s appeal to the BESA process, only to three appeals of 400.00 euros, while Gherardo saw a fine of 150.00 euros, also related to the BES Angola process, suspended in quarters for 120.00 euros a period of five years, after becoming final.
As for José Manuel Espírito Santo Silva, who appealed to the TCRS for a fine of 1,250 million euros within the scope of the Eurofin process, Mariana Machado applied only one warning for negligent behavior, stressing the fact that she distinguished herself from the other defendants for having publicly asked for the what happened to BES and given the health situation in which it finds itself.
The TCRS will consider the cases relating to BESA cases, whose decision process date of June 2019 was taken by the supervisor, and Eurofin, of September 2020.
The BESA/Eurofin case involved fines totaling 17.3 million euros applied by the Bank of Portugal (BdP).
No, infractions such as failure to implement credit procedures contracted with that institution and “non-compliance with enforcement duties” mandatory reporting” to the BdP of problems associated with BESA’s credit and property portfolios were charged.
NoP fin, that is, disinformation from the supervisor and other instruction, among other infractions, the practice, directly or indirectly, of a process by entities in the non-financial branch of GES with retail customers.
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