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The 18th Civil Court of Santiago ordered the reinstatement of the SQM controller, Julio Ponce Lerou, the 2,152 million pesos that he transferred a month ago for the fine for his responsibility in the so-called Cascades case.
The sanction was issued in September 2014 by the then Superintendency of Securities and Insurance (SVS), now the Financial Market Commission (CMF).
The original fine against the ex-son-in-law of Augusto Pinochet was for 1.7 million UF (about 75.6 million dollars), an amount cataloged as historical, but on October 2, the Supreme Court, and based on a 2019 opinion of the Constitutional Court, left it at 75 thousand UF.
After the final ruling, Ponce Lerou proceeded to pay the fine through a transfer from his personal account at Banco Santander to the current account of the 18th Civil Court.
However, as reported this Friday The Third PM, the employer will receive back all the money paid following an order from the same court, after the titular judge, Claudia Donoso, accepted a complaint from the State Defense Council (CDE).
Why did the CDE challenge? According to the advice, the payment procedure carried out by Ponce Lerou’s lawyer, Jorge Bofill, did not comply with the regulations, since the fined had to make the transaction before the General Treasury of the Republic, not to Justice, which was accepted by the court.
In addition, the CDE questioned Bofill’s request to calculate interest from 2019, when the TC reduced the fine, and not since 2014, something that would increase by 111 percent what Ponce Lerou should disburse.
“The grounds of the challenge made by the council regarding the inadmissibility of the payment claimed by the claimant were accepted“, valued Juan Peribonio, president of the CDE.
Peribonio warned that they will insist on “all the corresponding instances that said calculation is carried out correctly, that is, from 2014 and not from 2019, as claimed by the claimant. “
