Saturday, March 8, 2008

The best way to collect and process the evidence gathered as part of investigations

The best way to collect and process the evidence gathered as part of investigations arising from the Millennium BCP was yesterday one of the issues discussed between the chairman of the Commission for Securities Market (CMVM) and the Attorney-General of the Republic.



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

TCN Portugal denies involvement in business for the sale of building



Lisbon, 06 Mar (Lusa) - A promoter property TCN Portugal today denied any involvement in business for the sale of buildings of CTT, particularly in the cities of Coimbra and Lisbon, and expressed readiness to provide all the necessary clarifications to the Portuguese authorities.
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The Judicial Police (PJ) held Wednesday morning searches of several companies in Lisbon and Coimbra, in the context of an investigation related to the sale of two buildings of CCT occurred in 2003, told the Lusa àgência police source.

Source of PJ contacted by Lusa stated that the searches focused mainly on companies and that investigations were arrested with an alleged "mismanagement" of the previous administration of CTT, chaired by Carlos Horta e Costa.

In the communiqué released today, the TCN Portugal (TramCroNe) ensures that "never spoke" in any business related to the sale of buildings of CTT, especially in Coimbra and Lisbon "and that" never had, nor has any societal participation "in the company called Demagre that transaccionou those buildings.

It also indicates that the Demagre "either belongs or has ever belonged" to the Group TCN.

The TCN Portugal recognizes that, as a real estate promoter, "served" in the Demagre works for the conversion of the building of the CTT of Coimbra, but "never spoke" in any business that has to do with the sale of the two buildings, explains the company in a document signed by the chairman of the board, Julio Macedo.

The steps undertaken by researchers from the Center for Research Directorate-Corruption and Economic and Financial Crime (DCICCEF) Criminal Police are related to a process that takes more than a year and where there are indications of crimes in the area of corruption and economic crime - financial, and economic participation in business and trafficking of influences.

In July 2006, the newspaper reported audience, based on the preliminary report of the Inspectorate General of Public Works (IGOP), the existence of suspicions of criminal practices in acts of management of the previous administration of CTT - Correios de Portugal.

In question was, in particular, the sale of two buildings of CTT in businesses that amounted to 50 million euros.

Besides Horta e Costa, the report of the IGOP also pointed the finger to the then administrator Manuel Batista.

Recently, without specifically cite the CTT, the bastonário of the Bar, Marino Pinto, who has chosen to corruption as one of the themes of their public intervention, referred to the sale of a public building, in Coimbra, announced by EUR 14 million and, hours later, to the time of writing was recorded by 19.5 million.

For bastonário, it can be concluded that 5.5 million euros of public money have been diverted to "a private pocket."

© 2008 LUSA - the News Agency of Portugal, SA

Government denies that two negative evaluations give dismissal



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Case is long and has several steps to protect the funcionárioO government denies that the new disciplinary status of the civil service stipulates that employees can be fired after two consecutive negative performance evaluations. It is that between one stage and another, many steps that will protect the rights of the employee.

The new disciplinary status has been approved in general by the Council of Ministers this Thursday, and was explained at a press conference by the Minister of State and Finance, and the Secretary of State for Public Administration. "First of all, it is important to clarify that it is not true that two consecutive negative evaluations automatically give rise to dismissal," said the Minister Teixeira dos Santos so he began to speak.

The minister justified the new status as necessary to ensure that the objectives of the reform of the public administration are achieved: provide a better quality of service and dealing with a more fair and equitable public officials.

A negative evaluation requires adequate training

Indeed, the new statute establishes several steps as necessary so we can reach a situation of dismissal of the employee. After a first negative evaluation, the official will have adequate training, so that they can improve their performance. Only the lack of adequate training will be enough to remove the fault of the employee.

If repeat the poor evaluation, then place a process of investigation to examine whether the assessment is due to negative behavior fault of the employee, or if he acted with negligence, fraud or negligence. This sets breach of the duty of care and, to confirm itself, will be introduced disciplinary proceedings, which may or may not result ultimately a decision of dismissal.

Breach of the duty of zeal only gives dismissal was to blame for the official

One of the main changes brought by the new statute passes through the inclusion of non-compliance of targets in the definition of breach of duty of care. A change that reflects the fact that the fulfilment of objectives and skills already contain the rules for evaluating performance. "The breach of the duty of care and behaviour fault will be assessed case by case," explained John Figueiredo.

One of the news, which seeks to protect workers, is it enlarged the intervention of the lawyer in this whole process, it may be present logo at the stage of interrogation. It also is possible to provide information to the committee structure of workers and trade union to which the employee is affiliated.

Civil service workers closer to the general

The Secretary of State for Public Administration, Joao Figueiredo, explained that it was necessary to adopt the new status to place employees with different schemes linking (appointment and contract) on an equal footing. "The government believes it is necessary to protect the interests of public nature. If the duty of all employees are equal, the disciplinary status should be equal, "defended.

The same responsible reminded that, "since the current status is in force, many related matters were approved and updated, including the Labour Code, which also has a disciplinary regime, much different from the civil service. That required an approximation, not total, but some approximation of the civil service status to the status of workers in general. "

REN paid 50 M € for 1% of the Spanish REE

REN paid 50 M € for 1% of the Spanish REE


The REN - National Energy Networks bought 1% of the REE - Electrical Network of Spain for 50 million euros, announced today the company's executive chairman Jose Penedos during the presentation of the annual results.

The REE already owns 5 percent of REN and the exchange of shares between the two companies is part of the deepening of the Iberian Market of Electricity (MIBEL).

According to the agreement between the two companies, the chairman of the REE has already sit on the board of and president of REN REN will soon sit in the administration of congener Spanish, explained Jose Penedos.

"The crusade aims to deepen the MIBEL it is in the interest not only of the electricity market in the Iberian level, but also the future of the Southwest market that will integrate Portugal, Spain, France," said the person. Deepening the markets of Portugal and Spain passing through the strengthening of electricity interconnections between both countries and for drafting a plan of investment for strengthening the interconnections and the storage capacity of natural gas.

March of Indignação Bridge will be April 25 of the engineer Jose Socrates, said Menezes


Maia, 08 May (Lusa) - The Social Democrat leader Luís Filipe Menezes said today that the March of Indignação "is the April 25 Bridge of engineer Jose Socrates" and is "the countdown this majority."


"As of today nothing will be as before. Started to be an inclined plane from the point of view of the countdown to a majority of electoral defeat. Is a cut emotional, in terms of the collective subconscious, with the engineer José Socrates," said.

Sorting of "very significant in terms of participation and exuberance" a demonstration that this afternoon will take place, Menezes considered it "a sign similar to what occurred at the end of a period of gold of governance, of Cavaco Silva, with the protests against the increase in tolls on the bridge on April 25

Jose Antonio Barros is the new president of AEP


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Paulo Nunes de Almeida also had been proposed but was afastadoJosé Antonio Barros will happen to Ludgero Marques in the presidency of the Portuguese Business Association (AEP). The name was chosen at the meeting of the Consensus General of the association.

The former president of the National Association of Young Entrepreneurs (ANJE), Paulo Barros Vale confirmed Friday afternoon to "Lusa" that there was consensus that same meeting, though, and Jose Antonio Barros, has been also proposed the name of Paulo Nunes de Almeida. Ended up being agreed that a list would be negotiated together.

Jose Antonio Ferreira de Barros is president of SPGM, holding of the group of mutual guarantee associations Lisgarante, Norgarante, Garvale and Agrovale, and President of the director and artistic and programming of the Colosseum of Porto.

Activation of INEM investigated


Nuno Miguel Ropio

In just eight days, a second death back to haunt and questioning the operation of the Centre for Guidance of Patients Urgentes (CODU) from Lisbon and Tagus Valley in the car and medical emergency resuscitation (VMER) of Vila Franca de Xira. In Samora Correia (Benavente), before yesterday, a man of 61 years waited more than 35 minutes by VMER until succumbing due to a cardiac arrest.

The firemen of Benavente took only three minutes to reach the spot. The INEM acknowledges that the delay of the car was due to an "assessment which found the right one at the moment." But, the District Operations Command Relief of Santarém (CDOS) has ordered an investigation to the media operated by CODU this episode of emergency.

Manuel Guerreiro would be washing the car, along the EN118, near a service station of CIPOL when, by 16.45 hours, felt indisposto, falling inanimado. The warning was given to 112 by a driver who was close to the spot.

"In just three minutes, were in place and perform the manoeuvres of resuscitation, which ultimately fails. Ask the strengthening of VMER, only that this time has come," admitted the master of the corporation, Benavente, Amaro Lopes, refusing associate the incident to another similar occurred in the same locality, which involved the death of a surgeon, of 51 years.

The latter case led including the INEM to admit errors in the activation of means of relief. However, JN, the spokesman of that entity, Pedro Coelho dos Santos, ensured that, for the episode, before yesterday afternoon, the CODU "not considered relevant to immediately send a VMER."

"No one can confuse the two episodes because, in the first, there was a relief unsatisfactory and in the second, it appeared that the case not configurava the necessity of sending the VMER," noted Pedro Coelho dos Santos, still denying that such failures are should the malfunction of the new operating system for referral of the INEM, already in operation in CODU the Lisbon and Tagus Valley. (See box)

CDOS both reports

According Joaquim Chambel, commander of CDOS from Sydney, were requested reports both to the means by CODU actuations, as the firefighters, to carry out an investigation to the death of Manuel Guilherme, a photographer, widowed, living in Coutada Velha, Samora Correia. "It may have existed a failure in communications and therefore will be important to check that was due in order not happen again," explained the person responsible.

Although the firemen, Benavente have taken a few minutes to get to the truck Renault, the CODU not activated alongside VMER of Vila Franca de Xira, stationed just ten kilometres and that could have done the route in the maximum of ten minutes. The delay has not passed unnoticed that the popular joined on the spot, accusing the INEM the lack of relief.
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