Santa Casa demands payment of almost 61 million euros from Francisco Pessoa e Costa

Santa Casa da Misericórdia de Lisboa (SCML) and Santa Casa Global (SCG), created to internationalize social games, are demanding almost 61 million euros in compensation for pecuniary and non-material damages from former administrator Francisco Pessoa e Costa.

According to a response to a civil lawsuit filed by a former administrator to which Lusa had access, SCML and SCG claim that they are facing a “truly explosive situation” due to the project to internationalize social games, ensuring that contingencies are “still unknown” transactions and investments made may represent “potential losses that are still unaccountable.”

At the heart of this process is the dismissal of Francisco Pessoa e Costa as manager of the SCG on November 29, 2023, against whom the former administrator filed a lawsuit, believing that there were no compelling reasons for his departure and that the decision to leave had been made. his reputation and the mental health of him and his family are at risk, so he is demanding compensation of approximately 300 thousand euros.

In response, SCG claims damages in the amount of €45,299,984 and moral damages in the amount of €250,000, while SCML suffered damages in the amount of €14,576,579, claiming moral damages in the amount of €750,000. In total, the damages attributed to the former administrator, who acted “in harmony and common objectives” with former ombudsman Edmundo Martinho and former SCG administrator Ricardo Gonçalves, amount to €60,876,563.

The challenge of the two legal entities refutes any invalidity of the discussion that resulted in the suspension of Francisco Pessoa e Costa, argues that the former administrator did not have the legitimacy to demand annulment, and also emphasizes that, even if there was legality, the claim for annulment had already been presented. after the deadline Cool. It also emphasizes that the claim for compensation is also not in accordance with the law, since it is of a general nature, but, above all, it establishes a fair reason for dismissal.

“The author did not pursue a single case [Francisco Pessoa e Costa] it would benefit the company, its subsidiaries or the sole partner. “Only losses,” the document says, alleging that the failure of financial transactions, “careless behavior – not to say illegal” – and the chosen partners “have clearly and irreparably tarnished the image and reputation” of Holy House.

The document summarizes the internationalization project carried out by SCG since 2020, noting that its establishment was approved by the guardianship authority as a single-member limited liability company “to limit the legal and financial liability of SCML in relation to the project.” However, he accuses the former administrator of including “offensive clauses” in the agreement to exercise his powers as manager, such as a monthly remuneration of around six thousand euros and tickets worth one thousand euros to board meetings.

Considering that the decisions of the former manager “appear to correspond only to personal gain,” the institutions hold Francisco Pessoa e Costa responsible for “a network of companies created without any justification,” as well as for the selection of allegedly unscrupulous partners, citing a number of violations in SCG, SCG Brasil, SCG Brasil Participações, MCE, Santa Casa Capitalização or Ainima Holdings and others.

Among the violations identified were the approval of travel and entertainment rules, failure to comply with due diligence duties in relation to third parties, and the implementation of high-risk investments – contrary to what was determined by the guardianship – bank transfers to undocumented persons. clarification of the provision of services or the lack of protocols of legal entities, etc.

They also allege that the former administrator forced SCML to pump money into SCG, and that this capital had “no guarantee of return” and that it was used for “transfers and investments without any zeal, loyalty or care.”

They also accuse Francisco Pessoa e Costa, who was heard in Parliament last week on SCML’s financial position and internationalization business, of allegedly omitting relevant information from the entities, accusing him of “breaching the duty of care through manifest negligence ” , “professional incompetence to hold this position,” as well as “gross negligence regarding the soundness of the company’s assets.”

Although they point to action “in collusion with other managers” (Edmundo Martinho and Ricardo Gonçalves) and the legal provision of “joint and several liability (…) for damages caused”, both institutions argue that it is “absolutely legal to take from one of the agents [neste caso Francisco Pessoa e Costa] the entire totality of losses” arising as a result of this “financial adventure”.

The defense concludes that “all this now highlights a concerted strategy between Edmundo Martinho, Ricardo Gonçalves and the author, who, by abusing the trust placed in them, to benefit themselves to the detriment of the public interest and the partner only [SCML]laid out a disastrous plan,” noting that the former administrator used “526 years of history and service to the public good.”