Nine more investigations are coming out of BES “super” case

In total, nine certificates were extracted from the mega trial called “Universo Espírito Santo” – which yesterday met the indictment, after six years, with Ricardo Salgado as the central figure, accused of 65 crimes, including criminal association. That is, nine investigations that are going to look into facts and data that the Central Investigation and Penal Action Department (DCIAP) considered sufficiently pertinent in the context of the BES universe.

So what specific facts and defendants are we talking about?

1. Investigation for tax crimes – among these is tax evasion – concerning the set of payments processed to GES members, through companies domiciled in offshore regimes, or with accounts opened abroad, for which no tax regularization has occurred. A new inquiry will then be opened to investigate the possible practice of tax crimes by Salgado, Morais Pires, José Manuel Espírito Santo and Manuel Fernando Espírito Santo.
2. An autonomous investigation is also opened concerning the defendant Jean-Luc Schneider to investigate the possible practice of crimes of criminal association, falsification of documents, money laundering, corruption of international public officials and active and passive corruption in the private sector.
3. In the light of complaints from Espírito Santo Financial Group (ESFG) bond subscribers against members of the Board of Directors of ESFG, SA, BES account managers, BPI managers, DIF Broker and BIZ Valor (for securities purchased on the secondary market), DCIAP decided to open a new investigation. The complainants claimed that they ‘misused their money for the purchase of ESFG bonds as to the true state of the company’s assets’, as those responsible for managing ESFG knew that the company was unable to settle its debts.
4. New investigation arises from CMVM’s complaint, which shows that there are indications of a crime of abuse of information regarding the ESFG. The facts contained in such an investigation have no direct relation with the facts of this one, “therefore it is necessary to separate them to carry out an autonomous investigation.”
5. BES’ capital increases of 2012 and 2014, both of which are the subject of a complaint by more than a dozen whistleblowers, are still in separate proceedings.
6. DCIAP will also independently investigate the possible practice of the crime of whitening by Amílcar Morais Pires, Frederico Bento Machado de Morais Pires and Maria Inês Bento Machado de Morais Pires. It will also proceed with the preventive seizure of some assets of the people targeted.
7. As a result of Henrique Granadeiro’s investigation, the criminal responsibility for the crime of money laundering relating to Enterprises, which in this BES case is no longer a defendant, will be assessed.
8. A list of assets seized within the scope of this procedure, which is currently spread over several court decisions, is also made to make it possible for the subjects of the proceedings to consult each other at a public stage of the procedure and in order to allow for the future updating of the seized assets, at subsequent procedural stages, in view of possible developments, such as, for example, the decree of new seizures.
9. The facts of the GES/Venezuela, Switzerland, Dubai, Macao investigation in the context of business relations with Venezuelan public entities, their suppliers, officials and holders of political positions, or senior public positions in Latin America countries, including the former vice-president of Banco do Brasil, are also subject to an autonomous investigation.

From this case – from which the indictment was known this Tuesday – resulted in 25 defendants, between 18 people and 7 companies, according to the Public Prosecutor’s order of 4,117 pages.

According to the Attorney General’s Office, “the investigation carried out and which ends with the indictment in reference found a value of over 11,800 million euros, as a result of the facts indicted, a value that integrates the proceeds of crimes and related losses.

There are many crimes of which they are accused, among them the crime of criminal association and the crimes of active and passive corruption in the private sector, forgery of documents, infidelity, market manipulation, laundering and qualified swindling against property rights of natural and legal persons.