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At the beginning of November, Julio Ponce Lerou made the payment of a $ 2,151 million fine due to their role and participation in the framework of the so-called Cascadas case.
The sanction was issued in 2014 by the defunct Superintendency of Securities and Insurance (SVS, Today Commission for the Financial Market) and reached 1.7 million Development Units, something that in October the Supreme Court finally reduced to 75 thousand UF in line with an opinion of the TC issued in 2019.
Thus, the amount was deposited by the same former president of SQM in the current account of the 18th Civil Court of Santiago.
However, according to court documents accessed by Bío Bío, the employer will receive back all the money paid Following an order from the same court, a transaction that BancoEstado must make to your personal checking account at Banco Santander.
Why? Because the State Defense Council (CDE) went to the 18th Civil Court of Santiago to contest the payment. Now the entity seeks that the penalty be recalculated.
The first thing that was claimed was that the procedure carried out by his lawyer, Jorge Bofill, did not comply with the regulations: the fined had to make the payment to the General Treasury of the Republic, not to the Justice.
The second point satisfactorily questioned by the CDE was the fact that the defender requested calculate interest from 2019, when the court gave the green light to reduce the amount to be paid, and not since 2014, something that would increase by 111% what Ponce Lerou should pay.
“The court rejects Julio Ponce’s request, considering the nature of the trial and what is expressly provided by Article 30 of Decree Law 3,538 of 1980, accepting what was stated by the CDE regarding the Current litigation is not a collection process but a fine claim and that the old Organic Law of the SVS, Decree Law No. 3,538, regulates this matter in detail by expressly stating that the payment must be made before the General Treasury of the Republic, ”the CDE said this Friday.
The president of the CDE, Juan Peribonio, valued the ruling of the court since “the grounds of the challenge made by the council regarding the inadmissibility of the payment claimed by the claimant were accepted and it was also confirmed that the interest calculation made is not correct “.
After that, Peribonio added that “the CDE will insist in all the corresponding instances that said calculation is done correctlyThis is from 2014 and not from 2019 as the claimant intended ”.
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