The position is contained in the judgment that condemned the defendants involved in the "500 million" case for crimes of embezzlement, fraud by defrauding and trafficking in influence.
"This process is an example that, governing or administering, people take advantage of this condition, with a view to appropriating themselves without scruples and fully aware of the illegality of their actions, of public money, to achieve personal economic and financial benefits, wanting to empty the state coffers, which just didn't happen due to the quick intervention of the english bank that blocked the transfer of the 500 million dollars ", read the judge who presided over the trial, João Pitra.
The court sentenced Valter Filipe, former governor of BNA, to eight years in prison, António Samalia, former manager of BNA, to five years in prison, José Filomeno dos Santos, former president of the Sovereign Fund of Angola, to five years in prison. years in prison, and Jorge Gaudens Sebastião, an Angolan businessman, to six years in prison.
The judgment also noted that in this type of financial crime, reparation is not as significant as in others, as it is not limited to the protection of values of a patrimonial nature, but there are others such as the probity and loyalty of employees, such as the crime of embezzlement and credibility of public institutions.
The ruling stressed that the BNA's conduct detracted from the country's image abroad.
Regarding the letter sent to the court by the ex-President, José Eduardo dos Santos, father of José Filomeno dos Santos, the court said that it was not proved that he was the author, "not because it does not comply with the requirements demanded by the court, namely the signature recognized, but for its content ".
"In fact, it does not seem likely to us that the then President of the Republic, as the nation's highest magistrate, could authorize an operation of such a large amount by the governor of the BNA he appointed, who knew he had no competence for it," said verdict.
On the other hand, the court also considered "that the answers turn out to be almost a reproduction of the defense presented by the defense of Valter [Filipe] and the statements made by him at the hearing".
"Which does not cease to be strange, because we are all different and naturally the form of writing, no matter how close, differs from person to person, and in this case, the wording, as we said and underlined, seems to be written by a single person and meets the defense of this defendant ", he stressed.
For the court, even if the letter was valued, "it would not exclude the illegality of the defendant's behavior, because it would be an illegal order to which he should not obey".
The former head of state confirmed in a letter that he gave instructions to Valter Filipe to conduct the process, which would raise 35 billion dollars for the country through a Strategic Investment Fund, as well as to transfer the 500 million dollars, all within the "public interest".
The letter from José Eduardo dos Santos was sent to the Supreme Court of Angola, where the trial took place, since December 9, 2019. Valter Filipe's defense requested that the former President be heard on the thesis that he had guided the referred operation .
The defendants were convicted of crimes of embezzlement and fraud for continued fraud (Valter Filipe and António Samalia), influence peddling and fraud for continuous fraud (Filomeno dos Santos and Gaudens Sebastião), all of whom were acquitted of the crime of money laundering. of capital of which they were accused and pronounced.
The defendants were also jointly and severally ordered to pay compensation to the State of five million kwanzas for moral damages, $ 8.512 million for the losses resulting from their actions, expenses with the legal proceeding that went through London in the amount of two million pounds, related to fees with lawyers in the recovery of values, in London, 9000 dollars related to airline tickets and five million kwanzas of travel expenses to London.
The defense, not satisfied with the sentence, filed an appeal, and the defendants will continue to wait for the decision in freedom.
