The former president of the construction company Sacyr-Vallehermoso Luis del Rivero has proposed to the ‘Tándem’ judge that CENYT, the company of retired commissioner José Manuel Villarejo, be treated as a “criminal organization” that had “economic cooperation “from BBVA throughout a” long-term contractual relationship. ”
BBVA paid 10.2 million to Villarejo for the orders that the judge is investigating
This is stated in a document of more than 80 pages, to which Europa Press has had access, that Del Rivero has sent to the Central Court Number 6 of the National Court together with José Domingo de Ampuero and Vicente Benedito Francés, two former directors of the Bank Bilbao listed as injured in the case.
Along these lines, and resorting to the Penal Code, his representation argues that the crime of illicit association refers to associations that have “the purpose of committing a crime” or, after being constituted, promote its commission. In addition, the norm typifies the conduct “of those who, with their economic cooperation or of any other kind, in any relevant case”, favor the activity of such associations.
Specifically, they point out, “the classification of the crime of criminal organization is characterized, in principle, by subjective plurality”, which consists of the collaboration between two or more people coordinated on a stable basis or for an indefinite time with a specific distribution of functions, for the commission of crimes “.
In this regard, the letter makes it clear that the crime of cooperation with associations whose purpose is to commit an illicit “can only be third-party authors outside the organization.” “The criminal type expressly mentions the ‘economic’ cooperation between the forms of punishable cooperation. With this, the legislator makes it clear that the forms of financing or economic-financial support to these illicit associations constitute a crime of cooperation,” they argue.
That is, in his opinion, what has happened in this separate piece, number 9, of the macrocause on the orders to Villarejo. “Based on the data available in the case, BBVA has been supporting financially, through the signing of several contracts, the illicit association / criminal organization led by Mr. Villarejo,” they insist.
The defense, which emphasizes that CENYT is a company “whose danger lies in the existence of a structure or an organization of people whose object is precisely the commission of crimes,” also asks the magistrate to include money laundering in the legal classification. transnational.
And it does so, as he explains, because “in the main piece, international transfers linked to BBVA accounts have been detected that add a transnational character to the money laundering dynamics carried out by the members of the criminal organization.”
Citing jurisprudence, Del Rivero’s defense assures that these are “conducts that have to do with a process of reconversion of assets of criminal origin in such a way that they can enter normal economic circuits or channels without being able to detect their origin and that, therefore, they can be enjoyed in a legally peaceful way without fear that they could be confiscated. ”
“The purpose of laundering is to hide the criminal origin of certain capital in order to give them a final appearance of legitimacy or integrate them into the economic system with the appearance of having been obtained in a lawful way,” he recalls.
In addition, it points out that “the financing of the criminal organization Grupo CENYT and money laundering abroad are subject to the jurisdiction of the Spanish courts and, specifically, of the National High Court, as they are linked to a criminal organization that operates in Spain “and that it is competent to investigate it.
Finally, his lawyer asks the judge to agree to provide testimony of up to 12 documents of the main piece, including files, official documents from the Internal Affairs Unit, police briefs and reports and that have “legal implications” in the separate piece. .