15MpaRato: the first and only ones to ask for a bail. Since the announcement and presentation of our lawsuit in June 2012, all has been done through the normal legal channels. The rest has come from the ‘black’ cards scandal which came to light thanks to 15MpaRato’s support network.
Since we announced and presented the lawsuit against Rato and his accomplices – the beginning of the Bankia case – we have worked so that all those who have been scammed can get their money back. The scammers are the ones who have to repay, using their own assets if necessary, as well as Bankia, with the funds obtained from the bailout. This is how we will prevent that this money – our money – goes to the big banks and international speculators. In other words: we will bail ourselves out with the money they have stolen from us.
That is why we included in our initial lawsuit the allegation contemplated by the 282bis article of the Spanish penal code (basically: they published false information on to their stock market flotation). This motivated the Bank of Spain’s expert report and today allows us to finally, and historically, request that Bankia pays a bail for defrauding savers, small investors and SMEs with its stock market flotation.
A public interest lawsuit, as in the case of the UPyD (Union, Progress and Democracy party), CANNOT request the imposition of a bail.
This is not the only time we have asked for such measures. We also requested them the day we had Rato back in the dock after we obtained all the evidence necessary to open a new stage in the case of the preferred shares scam.
In the time the Judge has taken to acknowledge we were right, we have launched other actions with the same objective – to facilitate and provide evidence for individual claims. Now, finally, is the time to get back the money they stole from us.
What are we going to ask for today, February 9th, in the session to decide on civil bails?
It’s time to begin the trial and the establishment of the bail is the first step.
Judge Andreu sets a precautionary civil bail. Logically, Bankia argues that this is unnecessary given that, on top of the fact they have presumably seen this coming over the last few months, they have enough money and there is no risk of them not paying.
Well of course they have it. Actually they have all our money too and if they make it disappear, the government will just give them more. We must bear in mind, however, that when this type of bail is set the defendants have the right to appeal, which will further prolong the proceedings.
On February 9th, 15MpaRato will request a court bail which is mandatory not precautionary (something which was initially rejected by the Judge when pending statements and expert reports).
These reports arrived and our allegation was proven in black and white: Bankia was bankrupt at the time of the stock market flotation and they knew it. The preliminary proceedings are complete. It’s time to begin the trial and the establishment of the bail is the first step.
A public interest lawsuit, as in the case of UPyD, CANNOT request the imposition of a bail. However 15MpaRato can, claiming an amount proportional to that which was defrauded from all the citizens who have joined our lawsuit. Ultimately, it is the prosecutor who can ask for a higher bail, for the total amount resulting from the fraud of Bankia’s stock market flotation.
So remember: joining the lawsuit or registering as one of those affected is still possible
It’s time to remember once again that anybody can join our lawsuit as a claimant, simply by writing to us at firstname.lastname@example.org. This will allow us to demand a higher bail. Any of those affected who join our lawsuit before the end of the instruction period can contribute to the criminal proceedings that 15MpaRato has been driving over the last 3 years. The objective: to bring an end to Rato and his accomplices’ impunity and open a new possibility to recover the citizens’ money.
Another option is to write a letter to the public prosecutor. In addition to reminding him of his responsibility (something which is more important now than ever before because he is the one who can ask for a more substantial bail) and assist in the process, it can also be a good option for many of those who were scammed out of less than 3000 Euros, since these proceedings allow them the opportunity of possible compensation without the legal expenses that are often implied.
You can use this form to register as one of those affected (download pdf)
They must pay; those who have never paid before.
One last thing. Recently we have seen the Treasury, the Fund for Orderly Bank Restructuring (FOBR), Bankia and other former accomplices fighting over who should pay the bail. We all know what the outcome of this rigged struggle will be: we will be the ones to pay it. What we proposed from the beginning and will demand on February 9th is that the 33 former board members of Bankia repay those scammed using their personal assets. We will bail ourselves out with the money politicians and bankers have stolen from us. Once that reserve has been exhausted, once those responsible have faced the consequences of their actions and once the sense of impunity has been broken, then the accomplices can go back to the discussion of who will pay. They must pay; those who have never paid before.
The Treasury’s managing board has played a key role in maintaining impunity
But that’s not all. We have found another accomplice to Bankia’s stock market flotation: the Treasury’s managing board. As in other major corruption cases (Botín, Urdangarín …) the Treasury’s managing board has played a key role in maintaining impunity. Indeed, the fact that the Treasury was aware of everything is still Rato’s main defence in the #TarjetasBlack (‘black’ credit cards) scandal. We are following a new line of enquiry to dismantle this defence, and we will have more news on that soon.