Repsol and Caixabank receive judicial relief. Manuel Garcia Castellon, the judge at the National Court, has concluded the investigation into the piece number 21 related to the so-called Wine Project. The magistrate proposed to judge Jose Manuel Villarejo, the retired commissioner, and the former heads for Security of both companies on charges of corruption and disclosure of secret information. He has also decreed Repsol and Caixabank legal entities, as well as the files for Antonio Brufau (president) and Isidro Famine (president). This was done between 2011 and 2016.
The judge orders the Criminal Chamber to proceed to the abbreviated process (similar to the prosecution). He proposes Villarejo’s partner, Rafael Redondo to be brought before the Criminal Chamber, along with the directors Rafael Araujo, Miguel Fernandez Rancano and Rafael Girona, and Enrique Garcia Castano.
The magistrate also agrees to the provisional dismissal of Luis Suarez de Lezo and Joaquin Uris directors, Juan de Amunategi, Antonio Masanell and Juan de Amunategi in this piece. This article outlines how the orders of Repsol to Villarejo and Caixabank were investigated in order to avoid Sacyr’s assault on the shareholding in the oil company.
The magistrate explained in his resolution that the investigation showed that both companies had, at the time they contracted with Cenyt, a crime prevention program that met the legal requirements. Therefore, they cannot be blamed for the crimes in this proceeding.
Concerning Repsol and Caixabank presidents, he says that there are no indications, suspicions, or evidence that they knew of the order to contract Cenyt/Villarejo, nor that either were informed of the results or the payment to the supplier. These payments were made, according to the judge.
The magistrate concluded that, despite the many investigative steps taken, it was impossible to maintain the current situation of imputation. “When, from all that heritage, their total lack of involvement in the investigated facts are inferred, being prescribed imputation for only objective reasons by reason>>
The judge explained that Luis del Rivero (then president of Sacyr Vallehermoso) reached an agreement in 2011 with Pemex to increase his Repsol stake to nearly a third of its share capital, without initiating a takeover bid.
Caixabank’s management and Repsol’s joint management services formulated different options to avoid the acquisition. They also contracted with Villarejo’s Cenyt group (Villarejo) which created the so-called Wine Project.
According to the judge, the director of Security of Repsol, Caixabank, met with Villarejo, Redondo on multiple occasions since 2011. The contract investigation services were tasked with obtaining information on Del Rivero, his wife and former Financial Director of Repsol YPF.
Cenyt was paid 413,600 euros by Repsol and CaixaBank to cover the alleged preparation of an Intelligence Strategy. Also, the judge indicated that Villarejo was an active Police Commissioner at the time these events occurred.
These facts would be considered passive bribery, Fernandez Rancano, Rafael Girona, and active bribery. They also include discovery and revelations of secrets (Enrique Garcia Castano Villarejo, Redondo).
