THE National Bureau of Investigation (NBI) has filed a criminal complaints against German payments company Wirecard AG’s Chief Operating Officer Jan Marsalek, a former assistant secretary of the Department of Transportation (DOTr) and several others in connection with the $2.1-billion fund scandal involving the company.
Justice Secretary Menardo Guevarra disclosed that the NBI filed the complaint on May 31 with the DOJ after several months of investigation.
The NBI recommended the prosecution of Marsalek, former DOT Assistant Secretary and lawyer Mark Tolentino and his law firm M.K. Law Tolentino Office and other respondents identified as Joel de la Cruz Arellano, Judith Singayan Pe and several Jane and John Does for violation of the provisions of Republic Act 8791 (General Banking Act), R.A. 11211 (New Central Bank Act), R.A. 10175 (Cybercrime Prevention Act of 2012) and R.A. 8792 (Electronic Commerce Act).
They were also charged with falsification of commercial documents in relation to cybercrime, specifically Article 172 of the Revised Penal Code in relation to Section 6 of R.A. No. 10175.
Aside from the NBI, the Bank of the Philippine Islands (BPI) is named as one of the complainants.
Guevarra also ordered earlier the relief of two Bureau of Immigration (BI) officers who allegedly tampered with official records to make it appear that Marsalek entered the country on June 23, 2020 and left a day after.
The NBI has subsequently recommended the prosecution of BI officers Perry Michael Panco and Marcus Nicodemus for falsification of public documents and possible violation of the Anti-Graft and Corrupt Practices Act.
Guevarra directed the NBI to investigate certain individuals linked in the scandal following reports that some Wirecard funds had entered the Philippines through two banks.
Guevarra said he instructed the NBI to coordinate with the Anti-Money Laundering Council (AMLC) despite an earlier pronouncement by the Bangko Sentral ng Pilipinas (BSP) that the missing money of Wirecard did not enter the Philippines.
Two of the country’s biggest banks — BDO Unibank Inc. (BDO) and BPI — were previously linked to the scandal.
However, BSP Governor Benjamin Diokno claimed that those behind the anomaly merely used the names of the two banks to cover their tracks as initial reports showed none of the missing $2.1 billion entered the Philippine financial system.
Both banks denied Wirecard was their client.
The NBI’s investigation was prompted by a complaint filed by the BPI based on the alleged fake bank documents submitted by Tolentino to an auditing firm as proof that Wirecard had 1.9 billion euros in its trust accounts.
Tolentino was linked in the scandal after his law firm M.K. Tolentino Law & Business Consultancy Office admitted opening and maintaining foreign currency deposit accounts with BDO and BPI, but did not name their clients, citing absolute confidentiality required by the Foreign Currency Deposit Act.
Tolentino’s camp has denied knowing or participating “in any alleged irregularity” involving Wirecard’s money.
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