Ricardo Salgado’s defense demands additional sanctions and attention to his health – O Journal Económico

The defense of Ricardo Salgado on Thursday asked the competition court to take into account the health of the former head of BES and that if he does not comply with the patent request, there is an addition to the punishment already given that is not subject to appeal.

In the final arguments for the appeal ruling on fines imposed by Banco de Portugal (BdP) in the BESA and Eurofin cases, which are taking place at the Tribunal for Competition, Regulation and Supervision (TCRS) in Santarém, Judge Adriano Squilacce has appealed to Judge Mariana Machado who “resisting” “the temptation scored many times in the past” to “seal” the administrative decision and “public pressures that have arisen” around Ricardo Salgado.

The lawyer pointed out the need to take into account the “personal situation” of the former head of BES as well as to prove the existence of the offense, noting that in addition to not fully available his assets for being “completely confiscated”. , there is a neurological condition, which was demonstrated in two medical reports submitted to the TCRS on July 16 and August 25.

Adriano Squilacce sought to refute the arguments of the Bank of Portugal, in the allegations presented on Wednesday and after a request by the Public Prosecution Office to look into the state of health of Jose Manuel Espírito Santo in order to convert a possible fine into a warning, for the condition of the disease is not relevant in administrative proceedings.

Salgado’s lawyer relied on jurisprudence in the matter and stated that he finds it difficult to understand that the clinical situation of the defendants is not taken into account, while the clinical problems they suffer from make it impossible to “understand the scope of the sentence”.

Adriano Squilacce has asked the TCRS to take into account the €3.7 million fine incurred by Ricardo Salgado in the sale of ESI debt to the bank’s clients, if it decides to convict, to take into account the single process that arose in BdP. In the res judicata, proceeding to accrue and determination of a joint penalty.

In the cases that were judged by Mariana Machado, BdP imposed a fine of 4 million euros on the Eurofin case and 1.8 million euros on the former head of BES. From this administrative entity, it is possible to determine a joint penalty.

Adriano Squilacce stated in his claims that the appeals filed within the scope of BESA and Eurofin operations are supported by “extensive documentary evidence”, in doctrine and technical opinions, believing in the acquittal of Ricardo Salgado.

In each of the ten administrative offenses directed against his client (three in the BESA case and seven in Eurofin), the attorney sought to demonstrate that Salgado was or was not directly involved in the decisions – with those responsible for these areas not having to be targeted by the BdP – or that There are procedures the supervisor claimed were not followed.

In addition to appeals from the former head of BES, appeals from former chief financial officer Amilcar Moraes Perez (a fine of 1.2 million euros from BESA and 3.5 million euros from Eurofin) are also under consideration in the judgment. and former director of Grupo Espírito Santo José Manuel Espírito Santo Silva (1,250 million euros from Eurofin).

Rui Silvera (a fine of 400,000 euros) and Gerardo Petraccini (a fine of 150,000 euros) also appealed in Operation Besa.

This process includes violations such as failure to implement procedures that would enhance or ensure control of operations carried out with BES Angola, failure to carry out credit risk analyzes of credit contracted with that institution and “failure to comply with mandatory liaison duties” Banco de Portugal (BdP) for associated problems BESA’s portfolio of loans and real estate.

In the Eurofin operation, BdP Bank was accused of malicious acts of destructive management exercised at the expense of depositors, investors and other creditors, wrongful disobedience to the decisions of the supervisor and, among other infractions, direct or indirect commercial exploitation of debts. A non-financial branch of GES with retail clients.

The trial phase ends next Wednesday with the allegations of the defense of Gerardo Petracchini, who was responsible for the internal control system of the Espirito Santo Financial Group (ESFG), whose indictment the Prosecutor’s Office requested a warning, a request that Banco contested. De Portugal, referring to the fact that two other members of this body, who were sentenced to a fine of 120,000 euros suspended in three quarters for a period of five years, one of whom is already deceased (Jose Castilla), did not appeal to the Supreme Court of Appeal after he was punished.