The trial of three managers accused of willful bankruptcy in Leiria has been postponed again

The trial of three managers accused of willful insolvency was postponed for a second time on Tuesday at the Leiria Judicial Court due to the failure of the defendants, whose reasons were found to be unfounded, for which they were fined.

The judge stressed that the defendants are “regularly notified of the need to attend the court hearing,” but on Monday they will file a request for evidence in the case file, in which they argue that this is not possible due to professional obligations.

The trial judge did not accept the justification and, agreeing with the position of the prosecutor’s office (MP), recognized the corresponding absences as unfounded and sentenced the defendants to a fine of two units of account each (each unit of account is 102 euros).

“Taking into account, however, the defendants’ expression of their intention to testify and in favor of the principle of continuity of trial and consolidation of evidence,” the judge granted the deputy’s request to set a new date for the start of the trial. , now October 20, at 14:00, calling “exclusively the accused” to attend.

In the indictment, the deputy alleged that the accused squandered the company’s assets for their benefit and for the benefit of companies they owned.

According to a document seen by Lusa, a company was created in January 1964, headquartered in the industrial zone of Pusos, municipality of Leiria, whose main activity until the end of 2011 was “the production and marketing of complex food products.” for animals” with the creation of a brand of pet food.

In July 2012, the company became the subject of a special insolvency action proposed by the bank, seeking a loan of almost €2.6 million. This was suspended while the company underwent a special revitalization process during which, after changing its business name and corporate purpose, it was declared insolvent in May 2013.

This decision was overturned by the Supreme Court in September 2015, which ordered the suspended trial to continue. At the same time, the company was declared insolvent in June 2016.

During the insolvency proceedings, loans amounting to 10.5 million euros were recognized, the creditors of which were, inter alia, banks, the Tax Office and 36 workers. At the same time, assets worth 3.4 million euros were seized, but they were “encumbered by transactions” made by the defendants.

The MP noted that the trial “confirmed the complete economic and financial bankruptcy” in which the company found itself, “as it was unable to meet its overdue obligations, representing liabilities far in excess of its assets”, a situation that was created by the accused, a father and two sons, “in pursuance of the general plan drawn up.”

According to the document, in 2011, “in view of the company’s growing debt and in order to avoid paying creditors,” the three managers “set out to dissipate and/or encumber all equity assets (…), “principally by transferring their activities” to other companies over which the family “had complete control.”

Since 2012, the company, which was created in 1964 and changed its name in 2013, “began to depend exclusively on income from rents and fees associated with contracts of sale and lease of usufructs concluded” with another company, “which led to its complete ruin “

The deputy, listing the completed enterprises, considered that the defendants “devastated and depleted the assets” of the company, “causing a state of real economic non-viability and the impossibility of financial recovery and payment of its debts,” in particular those declared insolvent.

According to the deputy, the defendants acted in concert to “cause the insolvent company’s assets to disappear and hide, exacerbating the company’s losses,” with the goal of harming the company’s creditors.