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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.