The National Court has cited as investigated – the former figure of the accused– the former CEO of Dia Ricardo Currás, four members of his board of directors and the external auditor of KPMG. The magistrate of reinforcement of the Central Court of Instruction 6 of the National Court, Alejandro Abascal, calls them to testify on January 28 for the alleged crimes of unfair administration and accounting falsehood.
The Prosecutor's Office accuses them of devising a plan to make up the accounts of the supermarket chain through "irregular accounting practices". The defendants would have fattened the company's accounts in a fictitious manner. The judge assures in a known car on Wednesday that, "for the achievement of the objectives proposed for the year 2017, given that the figures for the year did not reach them and there would be a significant decrease in the figure of ebitda (gross result of exploitation), Currás devised a plan –which partly involved the use of prior irregular practices– to alter certain magnitudes with direct reflection in ebitda ".
In doing so, Abascal continues in the car, "which gave him an appearance of solid management and the collection of the variable by objectives." That is, the bonus that the CEO and other senior executives of Dia received each year based on the achievement of certain objectives. Amounts to be provisioned in the accounts of each fiscal year. The judge assures that Currás, so that there is no record of the decrease in fiscal year 2017, "issued orders so that such provisions were not made, so that the amount associated with them does not reduce the income statement. Bonuses (813,943 euros) were finally paid in March 2018.
At the request of the Anti-Corruption Prosecutor's Office, the car is directed against Currás, the commercial directors Luis Martínez Gallardo and Juan Cubillo, the financial director Antonio Arranz Martín and the KPMG auditor Carlos Peregrina García, who reviewed the 2017 accounts.
The instructor notes: "After the investigation carried out, it can be concluded that of the adjustments that were incorporated into the financial statements of Grupo Dia corresponding to the 2017 financial year, four of them have their origin in irregular accounting practices devised by Ricardo Currás, which , considered at an aggregate level, meant an artificial alteration of the Ebitda of 2017 for an amount of 51.8 million euros, of the total of 69.7 million euros of adjustments that have been incorporated into the annual accounts, net of the tax effect " .
The cause that Abascal instructs comes, on the one hand, from the complaint filed by a group of minority shareholders of the company and, on the other, from a complaint lodged by the former CEO of Borja de la Cierva against his predecessors by the state of the accounts of the Spanish supermarket chain.
The order also quotes on January 27 the three experts who have prepared reports on Dia's accounts in the framework of the investigation opened in the Anti-Corruption Prosecutor's Office and calls as witnesses on the 28th two workers of the company who would have received instructions from Currás to perform the accounting maneuvers under investigation: Miguel Ángel Iglesias Peinado and Susana Pagés de la Peña.
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