dossier-anticorrupcion v.int eng

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  • Index:

    - Who we are (page 3)Organised citizen collectives responsible of uncovering some of the main corruption cases made public these days in Spain.

    - Citizens Against Corruption: The story of a Citizen Lawsuit (page 6)The first lawsuit against a banker in Spain on account of the crisis: the citizen lawsuit of 15MpaRato against the main Spanish banker (Rodrigo Rato, president of the IMF before Strauss-Kahn). This lawsuit is the core from which major cases of corruption are being uncovered, as we've been seeing over these last weeks in Spain.

    - How Caja Madrid's Black Cards case was revealed (page 20)The case of the Black Cards, discovered by Blesa's emails (8000 emails sent from corporate accounts revealing criminal manoeuvres carried out by directors of Caja Madrid), uncovers 15.5 million Euros in tax evasion. All major political parties and trade unions are involved. This information came to light thanks to organised citizens, presented in this dossier.

    - The importance of citizen leaks: the BuzonX - Xmailbox (page 28)

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  • xnet -x.net/Xnet (2008 - head office in Barcelona - ex EXGAE) is a group of specialised activists working in different fields related to: online democracy (participation mechanisms and citizen control of power and institutions); the advocacy of a neutral and free Internet; the free circulation of culture, knowledge and information and the defence of citizen journalism for the right to know, inform and be informed; the technical, communications and legal fight against

    corruption; and technopolitics understood as the practice of networking and taking action for empowerment, justice and social transformation. The work done as EXGAE, is part of a citizen action initiative that has lead to the dismantling of the top management of SGAE (Sociedad General de Autores y Editores, main Spanish collecting society), when led by Teddy Bautista.http://cultura.elpais.com/cultura/2011/07/01/actualidad/1309471204_850215.htmlhttp://www.lavanguardia.com/cultura/20110701/54179154137/teddy-bautista-a-disposicion-judicial-por-apropiacion-indebida.html

    15mparato .wordpress.com/15MpaRato (2012 - head office in Barcelona) is a group of organised citizens, driven by Xnet, to end economic and political impunity and name those responsible for the crisis. It emerges on May 16th, 2012 during the demonstrations of the first anniversary of the 15M - Indignados movement, launching a citizen campaign to initiate against Rodrigo Rato (former Second Vicepresident of the Government and Minister of Economy from 1996 to 2004

    -during Aznar's government-, IMF Managing Director until his resignation in June 2007 and president of Bankia between 2010 and 2012) and his accomplices in Bankia (bank protagonist of the biggest bailout of a Spanish financial institution).

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  • partidox .org/ comision - anticorrupcion /

    The X Party (2013 - head office in Barcelona) is a citizen lobby for the renewal of democracy in the twenty-first century . It has a citizen anti-corruption commission that works to create, use, and share tools and secure channels to promote a genuine network of citizen surveillance to uncover and quickly & rigorously process relevant information to uncover corruption and put an end to

    impunity. It works closely with Herv Flaciani, which was its candidate in the 2014 European elections.The most notorious cases it has dealt with so far have been: Blesa's emails -which have led to the "Black Cards" case-; the case of the social kitchen of Benalmdena; collaboration in the case of the Espases hospital of Mallorca and the lawsuit against the Pujol family (Jordi Pujol served as President of the Autonomous Government of Catalonia for 23 years).

    xnet-x.net / buzonx

    The BuzonX is a channel created to securely link citizens with evidence of corruption to journalists and legal experts. It is a tool of Xnet's press team and operates in collaboration with 15MpaRato and the Anti-Corruption Commission of the X Party. It is part of the international network PILA (International Platform of Alert Triggers), in which Herv Falciani is a regular contributor.

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  • CITIZENS AGAINST CORRUPTION: THE STORY OF A CITIZEN LAWSUITOn May 16th, 2012 a group of citizens decides to sue the biggest banker in Spain as one of the main responsible of the crisis.

    They do it under the name of 15MpaRato, a play on words meaning that organised society (resulting from the "Indignados" movement, best called 15M) has Rodrigo Rato as its number one goal, and also meaning that 15M will live for a long time (a long Rato").

    More information here: https://15mparato.wordpress.com/legal-campaign/

    These are the objectives proclaimed:

    This is not a crisis; it is not a divine punishment but an organized scam and as such it has peopleresponsible with name and surname.

    End impunity of the plots involving governments and corporations.

    We will rescue ourselves with the money recovered from the corrupt: the bailout must be paid with the money they have stolen, our money.

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  • The MOU (Memorandum of Understanding signed in December 2012 by Spain with the European Commission to recapitalise private banks with 100,000 million) and the ESM (European Stability Mechanism) imposed by the EU, using as one of the main excuses the bankruptcy of Bankia *, are nothing more than legal tricks to bypass the contractual legality guaranteed historically by principles such as the Par Conditio Creditorum. If the memorandum hadn't been signed, savers would have priority over other creditors, who would have the right tolose proportionately in the same way -in equal credit condition-. It wouldn't be possible to rescue some, the foreign banks, and abandon others, the shareholders. Stopping this process would have been possible with the judicial seizure of Bankia, as we explain in the text "From Justice" http://15mparato.wordpress.com/a-toda-troika-le-llega-su-15m/

    * In May 2012, given the unsustainable economic situation of Bankia (the reason for the resignation itsPresident Rodrigo Rato) and under the Government of Mariano Rajoy, this bank was nationalised by the FROB (fund for orderly bank restructuring, created in Spain because of the financial crisis of 2008), assuming with public money one of the largest economic losses in the banking history of the country.

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  • Let us never forget that Bankia is the biggest hole, the hole sine qua non of the Spanish economy, of the great crisis of the Spanish economy.

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  • May 16th-17th, 2012Following a national demonstration on May 15th, 2011, the main squares of cities and towns throughout the Spanish territory were occupied peacefully for weeks, triggering a social revolution that is ongoing to the date (it is estimated that 8 million people, out of a population over 47 million, participated in the events).

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  • The following year the movement moved into active groups; activists and citizens who were part of the camps and assemblies began to create thematic groups and new political parties.On May 16th, 2012, during the concentrations of the first anniversary of the 15M movement in Barcelona's Plaa Catalunya, the foundation of the 15MpaRato group and their intentions were proclaimed as a result of a call (at that time anonymous) from Xnet: A message for #12M15M from the Internet neighbourhood xnet-x.net/para-12m15m

    15MpaRato launches a calendar; a five-year plan, which so far has been quite impressively fulfilled.

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  • May 23rd, 2012A campaign is launched to encourage citizens to submit any information which serves to imprison Rato. Rato is the symbol of the revolving doors: Banker Finance Minister IMF President banker.

    Great media coverage of the initiative

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  • http://www.elmundo.es/elmundo/2012/05/22/navegante/1337708684.htmlhttp://politica.elpais.com/politica/2012/05/22/actualidad/1337715444_273219.htmlhttp://www.publico.es/espana/434157/15mparato-quiere-juzgar-a-los-responsables-de-la-crisishttp://www.eldiario.es/zonacritica/investigara-Rodrigo-Rato-identificar-responsables_6_7759231.htmlhttp://www.20minutos.es/noticia/1468451/0/surge-15mparato/denuncia-ciudadana/culpables-crisis/

    June 4th, 2012Thanks to citizen collaboration, evidence that was expected to be gathered within a year was collected in two weeks. The private prosecutors were brought together -former preferred shares holders* and Bankia shareholders- and the drafting of the lawsuit is almost complete.

    * Bankia sold preferred shares to private investors giving to understand that they were fixed-income securities when it they were not.

    June 5th, 201215MpaRato launches the first political crowdfunding in the history of the Spanish state, achieving 130% of its goal (15,000 Euros) in just 24 hours (it would have been attained in 5 hours if the servers had withstood the flood of visits -11,000 in the first hour-).http://goteo.org/project/crowdfundparato/needs

    http://www.20minutos.es/noticia/1500914/0/recaudan/dinero-querella-rato/15MpaRato/http://www.publico.es/espana/435910/el-dinero-para-la-querella-contra-rato-en-tiempo-record?facehttp://www.abc.es/20120605/economia/abci-rato-crowdfunding-denuncia-201206051126.htmlhttp://ictlogy.net/sociedadred/20120606-crowdfunding-politico-la-pieza-que-faltaba-en-la-nueva-politica-ciudadana/http://alt1040.com/2012/07/15mparato-el-crowdfunding-como-instrumento-de-lucha-contra-los-abusos-del-poderhttp://politica.elpais.com/politica/2012/06/06/actualidad/1338994195_074297.html

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  • June 7th, 2012Such is the scope of the media initiative that one day after collecting the money required, UPyD (Union, Progress and Democracy, a political party with parliamentary representation) publicly announces the filing of another lawsuit against Rodrigo Rato, dating it three days before the one already announced by 15MpaRato, work in which they are not interested at all.

    June 11th, 2012UPyD presents an actio popularis http://www.publico.es/espana/436599/upyd-se-querella-contra-todo-el-consejo-de-bankia-y-bfa-por-estafa, with a cost of around 20,000 Euros and focusing on alleged disloyal administration.

    June 14th, 201215MpaRato's lawsuit is filed. This is a particular lawsuit where the ultimate goal is to recover the money of those scammed. It represents 16 people affected, reaching 44 in successive appearances. It asks for Bail Foreclosure Jail .The lawsuit filed includes the crimes charged by the 282BIS article of the Criminal Code and introduces the process of the Preferred Shares.We focus on demonstrating that there is a scam, forgery and manipulation of documents and misleading advertising with the intention to defraud.

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  • THE KEYS TO THE LAWSUIT

    People trust 15MpaRato. Employees, shareholders and preferred share holders contact the collective throughout the entire process and provide valuable information.

    To the crimes of unfair administration against the interests of Caja Madrid * and Bankia, the lawsuit of 15MpaRato adds the 282BIS article of the Criminal Code which includes in the judicial process the Preferred Shares scam. Not in vain, many of Bankia's shareholders were preferred shareholders which were not given another option than trading their preferred shares for stock shares. For six months we advanced on this issue without anyone joining us.

    * The oldest Spanish savings bank, which after the restructuring of the financial system in Spain became part of Bankia with six other Spanish savings banks.

    Facing UPyD's stance, which tends to create a macro process that can be extended to infinity, 15MpaRato's strategy is to speed it up with less media testimonies and more concrete evidence.UPyD does not provide any evidence for the case but asks for much more evidence than we do (a lot useful for both). UPyD focuses on the political arena, calling many heavyweights to testify, few useful and many that slow down the process unnecessarily. We focus on finding evidence sothat the affected people we represent can win. For all this, it is thanks to 15MpaRato that major key evidence in the case is put forward: the sales argumentation used to sell preferred shares, the requests of information to IBERCLEAR * and even the report of the National Stock Exchange

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  • Commission (CNMV).

    * The Spanish central securities depositary responsible for the accounting records and the offsetting and settlement of securities listed on the Spanish stock exchanges.

    Here some of the most important evidence:http://15mparato.files.wordpress.com/2013/10/15-argumentos-de-venta-propuestos.pdf

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  • 15MpaRato publishes and makes available for all any useful information, alerting in the case that evidence obtained may be useful to more people. On the other hand, the leaking of the report of the CNMV, requested by 15MpaRato, has been crucial in the preferred shares' trials.

    http://15mparato.files.wordpress.com/2013/09/cce00000.pdf

    WHY IS THE CNMV REPORT IMPORTANT?

    March 18th, 2013In the words of the CNMV, this report * proves that the saving banks involved did not comply with the Securities Market Laws, opening the door to initiate processes not only in the civil courts, as was the case until now, but also in the criminal courts, which could also affect all entities that marketed similar products.

    * About the trading practices of preferred shares and subordinated debt of Caja Madrid, Bancaja and subsequently Bankia.

    This document proves to be extremely important in Spain for it demonstrates the preferred shares bank scam, affecting almost all Spanish families. This document allows tens of thousands of scammed people to win their cases.

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  • BLESA'S EMAILSAND THE BLACK CREDIT CARDSSeptember 10th, 2014Media and citizens are able to learn about the content of around 8000 emails sent from Caja Madrid corporate accounts thanks to the work of the X Party's Citizen Anti-Corruption Commission. They revealed communications of Miguel Blesa as Caja Madrid's president over the past 3 years, describing criminal maneouvers carried out by managers of Caja Madrid.

    October 24th, 2014The case of the opaque or "black" credit cards, discovered in Blesa's emails, reveals that almost all of the managers of Caja Madrid (and later Bankia), for at least throughout the presidencies of Miguel Blesa and Rodrigo Rato, had disposed of a Visa Black credit cards issued by the entity with which they had carried out for years personal charges worth hundreds of thousands of Euros against the accounts of the savings bank, without declaring it to the Treasury. Visa Black cards are the most luxurious range offered by the firm and are designed for multimillionaire fortunes.

    Bankia recognises that it began investigating the opaque cards thanks to Blesa's emails, leaked by an anonymous source and derived to the press by the X Party.http://www.elboletin.com/economia/106659/bankia-tarjetas-opacas-filtracion-bankia.htmlhttp://15mparato.wordpress.com/2014/10/04/como-salieron-a-la-luz-las-tarjetas-negras-de-caja-madrid/

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  • The judge Andreu, head of the case, opens a new separate piece on the scandal of the black cards, inside the Bankia case.

    There are 86 people involved from all main political parties and trade unions.

    http://www.elperiodico.com/es/graficos/economia/los-beneficiados-las-tarjetas-opacas-caja-madrid-6630/

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  • How Caja Madrid's Black Cards came to light

    See: http://15mparato.wordpress.com/2014/10/04/como-salieron-a-la-luz-las-tarjetas-negras-de-caja-madrid/

    The black cards have come to light only and exclusively thanks to the action of organised citizen groups.

    This is the real story,a story with 3 elements:

    1 On one side we have Blesa's emails, which were tried to be hidden from the public opinion by allpossible means.

    2 On the other hand, we have organised citizens in our lawsuit, 15MpaRato's lawsuit against Rodrigo Rato and those responsible for the collapse of Caja Madrid-Bankia, the biggest hole in the economy of a country in "crisis".

    3 Finally we have the X Party's Citizen Anti-corruption Commission and what we now call BuznX, a channel created to securely link citizens with evidence of corruption to journalists and legal experts.

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  • It's precisely little time after this citizen commission is formed that it receives an anonymous email reading:

    "(...) I have a big and very important volume of information that I bet draws a clear picture of the institutional corruption in Spain (...)

    Here the action begins:

    The X Party's Citizen Anti-corruption Commission quickly put this source in contact with elDiario.es journalists and later with El Mundo. In the meantime and in parallel, InfoLibre also works in-depth on the emails provided by the source.

    This is how the public begins to know the contents of Blesa's emails and the information they revealed about corruption in the highest echelons of power and how we have had to bailout Bankia because Caja Madrid spent the money on favours and bribes.

    Furthermore, as soon as we know about the contents, we ask the judge to admit them as evidence, twice. At first the judge rejected them, but given the evidence, and thanks to the work of other affected civilians involved in the case (the Law Firm Jausas), he admits at last, and only partly, that Blesa's emails are, as we were denouncing, an indispensable legal evidence of Bankia's scam to society and specifically to the defrauded preferred shares holders.

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  • What has happened now is that the Anti-Corruption Prosecutor has drafted a report which asks the judge of our lawsuit to investigate the existence of these cards as part of the Bankia scam.

    But how could the Anticorruption Prosecutor know of the existence of these black cards since the information about them was opaque and did not appear in Bankia's accounts?

    The same way as all other citizens. Through the single document which recognised the existenceof these cards: the one published by the press.

    http://www.elboletin.com/economia/106659/bankia-tarjetas-opacas-filtracion-bankia.htmlhttp://15mparato.wordpress.com/2014/10/04/como-salieron-a-la-luz-las-tarjetas-negras-de-caja-madrid/

    Specifically; the first news that appears about the issue dates nine months back in eldiario.es, thanks to an anonymous source who has been derived by collaborators of the X party's Anti-corruption Commission".

    Now the Anti-corruption Prosecutor has had to finally give us reason.

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  • This demonstrates that organised citizens can force institutions to act.

    Without the action of civil society we would have never known about these facts. We continue to work because there is much more to come.

    None of this is due to opportunistic initiatives that only hinder the truth and citizen action.

    Nobody will do it for us.

    Having said this:

    This scandal NOT ONLY reveals that they were buying individual allegiances; what they were buyingwere political parties, trade unions and, ultimately, the government and the opposition. While they staged their confrontation before the citizens, they were plotting together so that the PP (Popular Party, political party currently in power with absolute majority) and their friends looted Bankia in exchange for credits to political parties and trade unions.

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  • And in the meantime... on another planet...

    - IZQUIERDA UNIDA'S LAWSUIT

    ...and on this one...

    - DELOITTE

    IZQUIERDA UNIDA

    April 14th, 2014Two years later Izquierda Unida (IU, political party with parliamentary representation) files a lawsuit that would add to the ones already filed, presumably as a facelift because of the implication of Moral Santin, representing IU in Caja Madrid.They claim not to know 15MpaRato's work http://www.cuartopoder.es/alsoldelacalle/enrique-santiago-la-querella-de-iu-puede-impedir-la-privatizacion-de-bankia/2078 and refuse to meet with the group to coordinate strategies so to not slow down the process.

    September 22nd, 2014The judge Andreu gives reason to 15MpaRato, who already criticised the lawsuit filed by IU http://15mparato.wordpress.com/2014/04/15/desde15mparatoaizquierdaunida/ for it could "impair or extend" the process. Andreu rates the attitude of Izquierda Unida as "humiliating for "pretending to attain through the exercise of an actio popularis'benefits of a political nature".http://www.elboletin.com/economia/104913/juez-andreu-quincemparato-iu-upyd-bankia.html

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  • DELOITTE

    At this stage it has become clear that the most basic controls of the FROB, the Bank of Spain and the CNMV more than just did not work; they never existed.

    The case of Deloitte's complicity is even more outrageous. Their audits did not detect anything unusual. Of course, as they were auditing the balance sheets they themselves built.http://www.eleconomista.es/editoriales/noticias/6136103/10/14/Deloitte-no-se-encuentra-a-la-altura-.html

    Deloitte is the first private professional services firm in the world by turnover, offering services such as consultancy, tax, legal & financial advisory and auditing. It advises multinational companies to invest in the most attractive countries in terms of taxes.

    It was fined with 12 million Euros for this scandal and Bankia still hires their services:http://vozpopuli.com/economia-y-finanzas/51125-goirigolzarri-repesca-a-deloitte-pese-a-los-12-millones-de-multa-de-economia-por-su-labor-en-bankia

    The mere fact of referring to Deloitte as auditor is incorrect:http://www.eleconomista.es/editoriales/noticias/6136103/10/14/Deloitte-no-se-encuentra-a-la-altura-.html #.Kku8eZRXdYFywId

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  • CALL TO ACTION: SUE BANKIAThe most profitable financial product on the market. Blesa & Rato's bails for those scammed.

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  • 15MpaRato's calendar is in time, step by step.

    We said we would rescue ourselves with the money of those that caused the crisis http://15mparato.wordpress.com/2014/10/22/ofensiva-final-a-bankia/ and that is what we are going to do:

    - The lawyer Ddac Coll wins the first civil sentence that recovers for the scammed people the money they lost with their shares (June 2014).

    - 15MpaRato creates with Ddac Coll a legal team to deal with all the demands. Aside, another legal team to deal specifically with the16 million Euros (+3) bail ordered from Blesa & Rato to avoid it staying in Bankia's hands and so it can be used to recover the money of all those affected. This, after Ddac Coll's wining sentence, is definitely possible.

    - We call upon all the shareholders defrauded by Bankia to sue massively through the civil courts. It is the most profitable financial product on the market at this time: initial investment plus 4% interest!

    - What has been achieved in the civil court helps us in the criminal process for it demonstrates willingness and the sentence ratifies it.

    There is one thing we must be clear about and that is... it's worth fighting.

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  • THE IMPORTANCE OF RELEVANT INFORMATION PROVIDED BY CITIZENSNot only do we live surrounded by corruption, we are also surrounded by information. Our governments strangle the budget to fight against corruption and it is our responsibility as citizens to organise and reverse this situation. So that information does not expire.

    From the evidence received after 15MpaRato's call, that allowed drafting the lawsuit, up to the email that brought to light the black cards, it is demonstrated that relevant information provided by citizens are allowing cases like Blesa's or Rato's to be processed with more speed and efficiency than the usual. We will not allow them to linger indefinitely hoping to deflect attention or that people forget.

    This is not going to happen.

    BUZN X

    X.net makes available to anyone with relevant information about corruption, a mailbox so they can share it securely and anonymously, to be examined by journalists, activists, lawyers, auditors and competent people: http://xnet- x.net/buzonx

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  • We provide the team of journalists and X.net lawyers, together with the experience of 15MpaRato and the X Party's Citizen Anti-Corruption Commission. We study the case and after verifying its viability, we act. In some cases we are moving to help build the lawsuit or the media reporting with citizen groups that are organising in their communities to act.

    We collaborate in the founding of the PILA network (International Platform of Alert Triggers). Among its founding members are: the French lawyer William Bourdon; the former employee of HSBC in Geneva and famous Italian-French plaintiff Herv Falciani (with whom we work for some time now); Stphanie Gibaud, former employee of UBS; the French journalist Edwy Plenel, the independent news website Mediapart or the Australian Gerard Ryle, director of the International Consortium of Investigative Journalists (ICIJ) and personalities and associations known for making public large scale corruption cases and bad economic and financial practices. http://xnet-x.net/pila

    For all this, because safely sharing relevant information is possible and necessary, for all we are achieving only with Blesa's emails, we call all citizens to action. We call on those who are watching how corruption roams freely: Blesa's emails are not enough. We need all of Bankia's emails and, why not, the corporative emails of Cristobal Montoro, Mariano Rajoy, Miguel Arias Caete, Esperanza Aguirre, Carme Chacn, Pedro Sanchez and Zapatero and all those that are deciding our fate behind closed doors. We want transparency in the public administration and also in companies that are accomplices to corrupt governments.

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