The former CEO of Segur Ibеrica hires Uría to defend himself after his indictment for the bankruptcy of the company
The judge of the criminal courts of Plaza de Castilla in Madrid prepares for next April the first statements to the entire former leadership of Segur Ibérica.
The economic lawsuit against the former leadership of the private security company Segur Ibérica, which went bankrupt in November 2016 and which collapsed in strange circumstances after an alleged offer withdrawn from an Israeli fund, continues in the courts of Plaza de Castilla de Madrid. The main investigated is Ignacio Suárez, former CEO of the entity who has hired a lawyer from the prestigious law firm Uría Menéndez to defend him.
The lawyer Ismael Clemente, a specialist in business criminal law and internal investigations, signs a letter to the court to oppose the appearance of Alternativa Sindical, the union that with its complaint three years ago, after the collapse of the company, provoked the investigation Secret judicial process that has ended with the indictment of nine executives of the old Segur Ibérica.
This lawyer is a specialist in risk management in companies and criminal liability of legal entities. In his letter to the judge, the lawyer asks that the complaining union cease to be a private accusation in the case: “The mere filing of a complaint is not enough for the complainant to be considered as a private accusation. The correct exercise of the private accusation requires something more the accreditation of a special relationship with the facts that are the object of the procedure; requires proof of damage. And yet, no damage has been proven »by the complaining union. Therefore, it requests that they appear if necessary as a popular accusation, but not as a private accusation, as occurs in cases where a specific damage cannot be proven in the criminal case.
However, Alberto García, spokesperson for Alternativa Sindical, has stated that “we are creditors and therefore a legitimate party in the complaint. The judgment number 165/2017 of the commercial court 3 of Madrid that carried the liquidation of Segur Ibérica already recognized that we are creditors A broad case
Be that as it may, the case of economic crimes that is being investigated in the Plaza de Castilla investigation court is advancing at forced marches after three years in limbo and the judge has already established the statements of the old leadership for the month of April of Segur Ibérica, among them Ignacio Suárez (today CEO of the AltaFit Gym Club) and the aforementioned eight other former directors of Segur Ibérica, with profiles such as the former director of human resources Rafael Centeno, who had been the state sector secretary of UGT or José del Pino, who currently also works as a manager in the Mallorcan private security company Trablisa.
All these former directors of the company, which when it went bankrupt was the third largest in Spain after Prosegur and Eulen Seguridad, are being investigated for a punishable insolvency offense, which occurs when a debtor tries to cause a mismatch in their assets to allege that it does not have sufficient assets with which to respond to a credit right.
Therefore, the creditor will be harmed and the legal asset that is affected is that creditor’s right to credit against the debtor. In the case of this crime, there is an aggravated type that is punishable by imprisonment of 2 to 6 years and a fine of 8 to 24 months.
This aggravated type occurs if some conditions are met:
1. When property damage occurs or may occur in a generality of people or may put them in a serious economic situation.
2. When one of the creditors is caused an economic loss of more than 600,000 euros.
3. When at least half of the amount of bankruptcy credits is owned by the Public Treasury, be it state, regional, local or provincial, and Social Security.
Bankruptcy and debts
According to the last updated list of debtors to the Tax Agency, Segur Ibérica SA owed the Treasury dated last Wednesday, September 30 (last update of the AEAT) no less than 22,564,601.20 euros, an amount that on the other hand has been increasing semester by semester due to the interest that remains unmet. For example, in June 2018 the debt with the Treasury was 21 million euros.
The two funds that own the company, Corpfin Capital and MCH Private Equity, entered Segur Iberica in 2011 but later did not place management teams capable of profiting from a difficult business. In private security, it is charged many times late (between 30 and 90 days or many times more) from clients, but payroll and other expenses have to be met month by month. Therefore, treasury problems in companies are a constant.