The Criminal Chamber of the Supreme Court upheld, in whole or in part, the various appeals lodged against the decision handed down by the National High Court in the case known as the “Pescanova case”.
The Court has acquitted Pescanova’s external auditor Santiago Sañé, as well as the auditing company BDO and, in terms of civil liability, the latter’s insurer, Mapfre, considering that the appealed decision considers that the former’s careless or inattentive conduct was proven and described, but not the fraudulent conduct that is required in respect of the offences for which he was convicted in the lower court.
Two companies were also acquitted, which had been convicted as necessary co-operators of the offence of concealment of assets, as the Supreme Court considered that the acts carried out by the natural persons were not for their direct or indirect benefit, as required by article 31 bis of the Criminal Code.
The Supreme Court judgement sentenced the former executive chairman of Pescanova to six years in prison as the perpetrator of a continuous offence of falsification of the annual accounts in concurrence with a continuous offence of falsification of economic and financial information, as well as the offence of misappropriation of assets. The court also holds that, jointly and severally with the company Pescanova, he must pay compensation of more than €125 million to injured investors, both companies and individuals.
BDO was represented by Gabriel Rodríguez-Ramos, partner at Rodríguez Ramos Penal & Compliance.
Mapfre was represented by Miguel Sánchez-Calero, partner at Estudio Jurídico Sánchez Calero.
BDO´s auditor, partner Santiago Sañé, was represented by Javier Sánchez-Vera Gómez-Trelles, partner at Oliva-Ayala Abogados.
