The Constitutional Court (TC) rejected a second appeal by Ricardo Salgado regarding the € 3.7 million fine imposed by Banco de Portugal, due to ruinous management acts at Banco Espírito Santo (BES).
The news is advanced this Tuesday by Public, which states that the fine relates to the management carried out even before the bank was resolved in August 2014.
“(…) The contested decision runs unequivocally in the sense of not checking of the aforementioned element of 'disfavor' for the defendant (which would be indispensable for him to be considered fulfilled, in relation to this issue, the assumption of ratio decidendi), being that, in view of the elements emerging from the file, the only exercise capable leading to a different conclusion would be that the Constitutional Court now replaces its own reading of this strict problem of ordinary reading right that was openly accepted by the court a quo. For reasons that are abundantly exposed and well-known, this cannot happen ”, can be read in the judgment to which the newspaper had access.
Público notes that with the rejection of the second appeal by the TC, on the same conviction, the BdP's first decision becomes final. This is the first time that there has been a conviction confirmed by acts of confirmed management, stresses the morning man.
The TC's decision concerns a request for unconstitutionality by the former president of BES regarding an accusation by the bank regulator about ruinous management for falsifying Espírito Santo International accounts and a fraudulent scheme for issuing debt in the amount of 1.3 thousand million euros, placed with BES customers.
Within the same accusations, Público also writes, Banco de Portugal also condemned Amílcar Morais Pires and José Manuel Espírito Santo.