The judge of the Audiencia Nacional Carmen Lamela has banned the former president of Abengoa Felipe Benjumea leaving Spain and ordered the withdrawal of his passport and appear every two weeks the nearest to your home court. Judge considers that there are indications that charged, irregularly shaped, 11400000 as compensation for his dismissal, although still linked to the company with a fixed compensation of more than 1 million annual euros.
In a ruling, the judge reveals that Benjumea said during the given statement Tuesday that his departure from the company was renewable consequence of the “requirement imposed by the financial institutions that would assume the underwriting commitment a capital increase and especially the Santander bank. ”
bases his decision on the existence of a risk that “to circumvent the necessary subject to the procedure” getting out of the reach of justice. Benjumea who is investigated for the alleged commission of an offense of unfair administration, appeared before the holder of the Central Court of Instruction No. 3 next to the former CEO of the company Manuel Sánchez Ortega, to which he is charged, too, insider trading .
Lamela remember that the offense of unfair administration is punishable by imprisonment of up to six years and that there are “indications” Benjumea participation in the events with which he is associated. According to the indictment, charging for its share of 11.4 million euros after leaving Abengoa “does not correspond to the conditions agreed with the company and is in line with the financial and economic state of this when he produced his resignation.”
He explains that the September 15, 2015, Benjumea was dismissed as chief executive and resigned from the Board of Directors. He remained tied to the company as a consultant, so that kept fixed remuneration amounting to 1,086,000 euros annual share.
“ It seems highly doubtful that he could sense the compensatory amounts that were transferred ” -Indicates the judge noting that it was not detached from your company. Lamela insists that all this happened at a time of economic crisis demanded first the search for new investors and, ultimately, the request for preconcurso by Abengoa to the Commercial Court.
During his testimony, Benjumea said that “Abengoa has only a temporary problem of lack of liquidity.”
The Lamela judge imposed both former executives , last December, paths bonds 11.5 and 4.5 million euros. to cope with the bond, the judge ordered the seizure five cars brand Chrysler, Mercedes or BMW and ten farms comprising the name of Benjumea, and forbade Sánchez Ortega have a Jaguar vehicle, although the latter lifted him surety days following the submission of a bank guarantee to cover their bond.
In addition, we also ordered the blockade of the balance consisting of twelve bank accounts, including all bank, such as mutual funds, pension plans or time deposits, you may have contracted products.
The head of the Central Court of Instruction No. 3 admitted last Nov. 18, with the favorable report of the Attorney General, the lawsuit filed by two bondholders Abengoa attributed to Benjumea and Sánchez Ortega crimes of unfair administration and further allocated to the latter another insider trading.
the lawsuit filed by two bondholders of the company Abengoa, which invested 103,970 euros, denounced the “horrible” management of the two managers who, in his view, seeking their “own benefit and personal gain” to be granted severance packages instead of “save his thousands of investors.”
The bondholders said they Benjumea and Sanchez Ortega were “savvy real financial economic reality” of the company and sought its enrichment “instead of using this information to save thousands of investors who will be caught in the bankruptcy of the entity and, incidentally, all Spanish taxpayers should go to his rescue. ”
The initial plaintiffs have joined affected accessions to reach a number close to 70. Benjumea complained that a ‘exorbitant’ compensation was in the amount of 11,480,000 euros , little before the company requested in a commercial court in Seville preconcurso official creditors.
Sánchez Ortega, who left the company in May, saw, meanwhile, a “post-contractual consideration” of 4,480,000 euros, to which must be added 3.3 million euros for “Variable bonus” to receive “a 2015 account until they leave.”
After a few days, according to the complaint, signed by the investment fund Blackrock and, a month later, the management took “strong bearish positions” in relation to the values of Abengoa.