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Garzón investigate if there was no State liability for failure to monitor Philatelic Forum

MADRID, 10 Sep. (EUROPA PRESS) -

Judge Baltasar Garzon has again rejected the measures requested by one of the specific allegations designed to investigate the possible liability of the State in the alleged Philatelic Forum scam lack of monitoring and supervision, and insist that they be dealt with by way administrative.

The judge, in an order of August 2 which was seen by Europa Press, rejects call to declare the former presidents of the National Securities Market Commission (CNMV), Juan Fernandez Armes and Blas Calzada, and two other senior charges alleging that "in this case in no way is known about the liability of the Directors for the operation of public services."

The judge considered that the "channel" for deciding whether there is liability "administrative proceedings" because the issue is subject to Law 30/1992 on the Legal Regime of Public Administrations and Common Administrative Procedure and not Article 121 of the Penal Code, as the indictment alleges. Against this order may be appealed to the Criminal Chamber of the Audiencia Nacional.

Garzón and dismissed the appeal filed by the law reform Ossorio & Associates, first moment of the stamp contest against the order of last May 19, 2008, already rejected calls to declare Armesto and Calzada, the secretary regulatory body, Javier Rodríguez Pellitero, the director of the Claims Service, Gloria Bowler and Adicae president, Manuel Pardos.

"The declaration of the state vicarious liability in this case can take place only after declaration criminal liability of any of its officials or authorities. At today's date there is no imputation of employees, officers or authorities of State for the acts investigated and there are grounds to proceed against such people, "insisted the judge.

The firm requested last December, the statement all with the aim of determining why both Forum and Afinsa were not punished if they were over 25 years as an unauthorized financial institutions or the CNMV or the Bank of Spain.

The request came after discovering that the CNMV recorded in its 1999 report to both stamp as "financial institutions" unregistered against whom complaints had been filed and whose report had been resolved favorably.

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AFINSA FORUM AND SURGERY WHY? Hundreds of affected

Asturias, El Impulso.es

On May 9 the second anniversary of the making of weapons of GEOS, in the main offices of Forum Filatelico and Afinsa Bienes Tangibles. TV cameras and radio stations, broadcast the "event." "The media launched the slogans related ..." is that the number of crimes challenged operated companies too numerous to detail them. "Of course, the gatherings, political as well as heart and few economic began to beating a dead horse. Of course, the tree were the customers of both companies, customers, the Government of Spain began to insult, that public opinion could be relied on for and belittled their victims and doubly victimized because they were companies intervened and government action.

spokesmen acted only for a few days, speaking without being documented, and no contact with persons affected, how many things had to hear!, Few inaccuracies and lies. But if the government calls them, speculators, greedy, they wanted to get rich fast economic uneducated ... etc., should not they do the pundits who are paid to say what their customers want to hear. Are to check the newspaper archives. Unfortunately, soon ceased to be interesting to English audiences, 460,000 directly affected, and no interest to anyone.

The government subsidizes quickly Consumers officers with significant amounts of money, according to his version, for the protection of customers of both companies, "those who had to defend? In the case of the Forum, went to Court No. 5 of the Audiencia Nacional and the meeting of creditors to Commercial Court No 7, is not that the Prosecutors mission? May be expected to lie in the arms of these associations, and manage to silence and convenience, by whom? But they should not be so uneducated, because from the outset were organized in independent associations, yes, without any subsidy.

A few days ago, a Madrid court has condemned the Government for the grants awarded to Consumers ordering the withdrawal of the subsidy. You know you have answered a senior official of that government? "Will be very difficult to recover the allocation already made." Why? Those affected have been discharged with these associations paid shares for his defense, are you not comply with the ruling? Already have the band, but not of the affected wound every day is more open.

Article 51 of the English Constitution says:
The public authorities shall guarantee the protection of consumers and users, protecting, by means of effective, safety, health and legitimate economic interests them.

Since when the Administration was aware of irregularities in Forum and Afinsa?
NIP
Senator Don Javier Maqueda, says that in a conversation at the IMF International Rodrigo Rato confirms what they already knew the problem and that at the time of succession (2004), so they told the English Socialist Workers Party.

In 2001, the Office sent to the Ministry of Economy, the Treasury Department and the CNMV, the complaint of an individual, covert activities of deposit of capital, reserved exclusively for financial institutions.

The Institute of Accounting and Auditing (ICAC) in July 1991 warned that the acquisition of assets with repurchase agreements should be regarded as a genuine loan, but until 2003 did not act against their audits and until 2006 did not report the penalty.

Former Minister of Health and Consumption Dona Helena Salgado, asked a few days of taking companies, which since I knew personally irregularities Forum Filatelico and Afinsa, said: "AT LEAST TWO YEARS AFTER THE KNEW THE PEOPLE'S PARTY. "

Ombudsman, Enrique Mugica, said: "Since 1994 the public authorities, in particular the Inland Revenue were aware of the problems posed by these companies, which anticipated the potential harm to the citizens."

Former President of the CNMV, said: "Those who led in 2003 the standard by which Forum Filatelico and Afinsa, remain outside the CNMV and the Bank of Spain, they knew what they were doing and the situation in which they found both companies. "

The Federal Executive of the PSOE, according Views dated 19/05/2006, said: "The performance of Forum and Afinsa have highlighted the previous Popular Party government, the alleged fraud was detected during the years of rule (1998-2001).

In December 2006, the Ombudsman makes a recommendation to the Executive in the sense that there are signs on State liability for allowing the extent of damage (remember that operated during 27 years and had a dossier stayed for 2 years).

The World of Enterprise, Economic and Government of Spain, have been awarded prizes and given recommendations for investing in these companies, and I quote some examples.

Jubilee Award 2002 to Philatelic Forum, chaired the event by the Minister for Health and Minister of Labour. Company
2004 to Philatelic Forum, awarded by the Chamber of Commerce of Spain in France.
Golden Master Award to senior management, Don Francisco Briones, president of the Philatelic Forum March 16, 2005 (the year before), an award presented by the Minister of Justice Mr. López Aguilar.

The Ministry of Economy in 2001 in its journal English Business Information, "presents both companies stamp as a safe investment model.

Business Financial Analysis and financial resources such as Dun & Branstreet, Axesor, AT Kearney, Vocento Group, Economic News, Roland Berger, Financial Times, Expansión, Intereconomía, etc., Along the recent years, Philatelic Forum classify as more solvent company, with lower risk of insolvency, one of the best companies in Spain and its flagship product "Payment Plan", is considered the best investment product.

Can we consider a political intervention?

The Federal Executive of the Socialist Party, held at dates prior to the intervention, carried in your wallet and discussed in the meeting on action by business, not because the alleged crimes are being committed, but asserting that they were crimes and therefore had to intervene. In contrast, the tax office as a plaintiff alleged crimes alleged money laundering ... etc. Did

PSOE reports of these private companies? Why would a political party engages in actions that it must be legal?

had to punish the Popular Party.

After all the above, can the Minister of Economy Mr. Solbes, calling them ignorant, among other niceties? Can a prime minister of Spain, with the word democracy is always in your mouth, not having received or responded to during these two years? And with the utmost contempt for OVER ONE MILLION of English who are affected directly or indirectly.

If you can, because even today it has. Surely he knew that the state's investments were more than enough to win elections. In addition to like-minded people come, as customers of these companies were a rich and greedy speculators and therefore the People's Party voters.

To demonstrate that we are not far from reality, these are the statements of the Secretary of Organization of the PSOE, José Blanco: "The English do not have to pay the eagerness to make easy money, some of which even boasted." Put or name examples if available. For

RUMASA, we must pay the English expropriation, or must pay those who did and those who benefited from it, both Rumasa assets as of repayable loans granted by the government of the day. Jose Blanco must say, if the English State is paying Mr. Ruiz Mateos for the expropriation of Rumasa and amount of such compensation.

A clear data that can shed light. Philatelic Forum caught about 6 million monthly money out of checking accounts and savings banks, as each investment is to, either by note or bank transfer. Remember that in those days there was a power company that brought the head to the political and economic powers, not to mention the famous case of Bono.

wanted Will kick the Popular Party in the Back of 460,000 English?

If Tangible Goods Act have developed the in a few months, why it took so many years?

Nor will relate the commitments made by Members with the victims, who minutes before the vote, they sold their vote to the Government, "in exchange for what? Were almost certainly cheaper. What little good the word of a deputy regional! What do you intend

affected? First receive them and listen. Then, make it possible for the Forum and Afinsa heritage, do not take the smart and friends in power. And philately, a good state (like paint), do not exit the market soon, which will be used to lower its value, as their assets, which tenders shall be reduced to approximately 30% of its value. If it really exists, (and so it seems), State liability, compensation would be much smaller and the final cost us much less to all citizens.

In honor of Don Jose Blanco, will detail the award-winning "Payment Plan" of Philatelic Forum, with approximately 280,000 customers consisting of the monthly contribution amount was between 5,000 and 25,000 pesetas (mostly of 15,000 pesetas annually 180,000 pesetas). That amount was paid by the customer for 10 years and may extend up to 15 years at the end of which is made a little capital (2,500,000 pesetas), while not generating a monthly withdrawal of 20,000 pesetas. The amounts are approximate, since there was variation according to the method of payment that each customer had the option to choose: monthly, quarterly or annually.

annual return: 6%.

THE PASSION FOR EASY AND FAST TO GET MONEY ... remember these statements, among many others?

The helplessness of those affected by the alleged scam and Philatelic Forum Afinsa is the helplessness of all English consumers.

Maybe another time I can tell, actual case studies and English to those who public opinion has condemned without having been left to tell their truth and so many have insulted.

A terrorist is acquitted after a court ruling. We hope that the Judges and Prosecutors, acting with the vision and bleeding quickly enough in this case.

Mr Zapatero, acting president today the Government of Spain ... if he still has "spirit" of the previous term, I hope to replace it with talent in the beginning, y. .. I also hope not to ask pears elm. Rest in peace

customers over the past two years have passed, with the penalty of abused hear and see a performance by their own government has made them lose all their savings.

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Forum Philatelic related to manifest before courts

Madrid, Sep 1 (EFE) .-

Hundreds of customers affected by the intervention of Philatelic Forum and related to the company's tangible assets -600 according to attendees and 200 according to some witnesses, gathered this morning at the Commercial Court of Madrid, where the stamp company filed an appeal to avoid liquidation. Legal sources said
and the city of Madrid, customers, members of the Association of People Affected Forum Madrid, Madrid's Gran Vía cut for an hour (from 11.10 am to 12.10 pm), until the intervention of the police, let them manifest despite having no authorization, although invited not to continue the rally outside the headquarters of the PSOE in Madrid.
Association spokesman, Eduardo Berbís, told EFE that the clients tried to claim "spontaneously" to be allowed to decide the future of their savings and not imposed by the "ruinous liquidation of the company, since it expected to recover up to 25% of their investments.
The discomfort with the performance the socialist government after the intervention, the May 9, 2006, led to some of the attendees to insulting the president, José Luis Rodríguez Zapatero, according to witnesses consulted.
On the other hand, Philatelic Forum this morning an appeal against the final order of the holder of the Commercial Court No. 7 in Madrid, Santiago Senent, who in July decided not to admit to act on the proposal by the investment firm in tangible assets to pay its customers and creditors that it violates the law.
The judge considered that the proposed creditors' agreement would not return cash savings of investors and the other creditors, while it depends "in a series of events that are real conditions, content that violates the provisions of the bankruptcy law." MarketWatch