The best way to collect and process the evidence gathered as part of investigations
Carlos Tavares gave the conheceer Pinto Monteiro, in addition to the new measures to combat the abuse of market, the latest developments on the research that the police of the exchange is making the purchase of own shares of Millennium BCP, through offshore companies.
As the Morning Post reported, a team of CMVM was in December at the BCP to collect documents, but the second found our newspaper will be more needed steps for collection of new elements, steps which must be initiated by the Ministry Public.
When presented measures against abuse of market, Carlos Tavares said the Morning Post "that the CMVM is not expected to make anyone. We are we dependent on the prosecutor to continue our research activity. "
On the same occasion, the chairman of the CMVM said that our "judicial system is very demanding in terms of proof in some cases are on the way." This was another of the topics discussed between Tavares and Carlos Pinto Monteiro.
Our newspaper found that the CMVM expressed some discomfort in relation to the closure of several cases that have been investigated by police specialists of the exchange and later delivered to the Department of Criminal Research and Action (DIAP), which filed.
The last case occurred last February and involved a crime of insider dealing, in a transaction that occurred in 2006. After instructed to take the whole process, the CMVM sent the case to the DIAP of Lisbon, which filed for lack of evidence.
For research to the business of Millennium BCP, Carlos Tavares is finalising the report that should send to 9. Senat of DIAP of Lisbon.
The chairman of the CMVM said that the case is "all set" and that it is not only the administrators of BCP are concerned.
The prosecutor is awaiting the submission of the report to begin making their own diligence research. That document is considered essential to define the contours of the various crimes that could be at stake.
PUTTING WITH CONE CINZENTAS
One of the problems that has been repeated in investigations of crimes related to the capital market is the existence of grey areas of research, which are claimed either by CMVM either by the public prosecutor. "The CMVM is not an organ of police and can not conduct criminal investigations," some voices concern linked to the Judicial Police. The police themselves responsible of the Bolsa admit that its jurisdiction is limited to so-called crimes of the market and that if in the wake of investigations found for other types of crime (for example, money laundering, the CMVM "no longer has jurisdiction."
FOREIGN COOPERATION REQUIRED
The research at Millennium BCP will require the cooperation of international authorities, notably the SEC - Security Exchange Commission -, supervisor of the United States
EXPERTISE
CMVM
AVERIGUAÇÕES
The preliminary findings include the number of steps required to determine the possible existence of the news of a crime against the securities market.
PRERROGATIVAS
The CMVM making the seizure, freezing and inspection of any documents, regardless of the nature of their support, values and objects related to the crimes of the market.
TERMINATION
Complete the process of preliminary investigations and obtained the news of a crime, the Board of CMVM brings all the elements relevant to the judicial authority.
JUDICIAL POLICE
AVERIGUAÇÕES
For the fight against organized crime and economic-financial, the bodies of criminal police ask for credit institutions the information and documents of support that are relevant.
PRERROGATIVAS
It is permissible when necessary for the investigation, the recording of voice and image, by any means, without consent of the target. The production of these records depends on the permission of the judge.
TERMINATION
It is presumed deferida the Judiciary Police throughout the territory to the exclusive jurisdiction to investigate offences economic-financial, international or transnational dimension
