The judge of the National Court Alejandro Abascal has imputed the former CEO of Dia Ricardo Currás for falsifying the 2017 accounts in order to collect the bonus for objectives. Specifically, Currás would have caused an increase of 51.8 million euros. In addition to Currás, their number two are also charged, Amando Sánchez, commercial directors Luis Martínez Gallardo and Juan Cubillo, financial director Antonio Arranz Martín and KPMG auditor Carlos Peregrina García, who was in charge of reviewing the accounts. On the other hand, Ana María Llopis, who presided over the company at that time, has not been charged. The judge thus considers the complaint filed by a platform affected by the Dia crisis and that of the former CEO of Borja de la Cierva.
Currás had a fixed salary and another variable according to the proposed objectives, which depends on the benefits and commercial viability of the company. “This purpose was adjusted taking into account the result of the Ebitda of each year, being the Board of Directors that set the quantitative objectives to be achieved,” explains the order.
Thus, according to the judge, «for the achievement of the objectives proposed for the year 2017, given that the figures for the year did not reach them and there would be a significant decrease in the figure of Ebitda, the CEO of Dia, the researched Ricardo Currás, devised a plan – which in part implied the use of prior irregular practices – to
lterar certain magnitudes with direct reflection in the Ebitda, which gave it an appearance of solid management and achieve the collection of the variable by objectives ».
This falsification of accounts was discovered at the end of 2018, when Currás had already been dismissed when the company saw that its accounts for that year did not reach the proposed objectives. Thus, the beginning of the great crisis of the supermarket chain began for public opinion, which ended the year 2018 in technical bankruptcy and having to dilute the action and carry out a capital increase and reach an agreement with the creditor banks to save themselves. In addition, the group ended up in the hands of the Letterone fund, owned by Russian billionaire Mikhail Fridman.
The order of the judge indicates four irregular practices that have their origin in Currás: forecast of unjustified income from negotiation with suppliers amounting to 6.3 million euros; an incorrect accounting of income derived from charges of own brand suppliers amounting to 21.7 million; the unjustified elimination of the provision of invoices pending receipt for 18.3 million euros and the payment of bonuses and bonuses to staff not provisioned up to 5.5 million euros.
After the presentation of the facts, the judge concludes that “after the investigation carried out, it can be concluded that of the adjustments that were incorporated into the Financial Statements of Grupo Dia corresponding to the 2017 financial year, four of them have their origin in irregular accounting practices designed by Ricardo Currás, which, considered at an aggregate level, involved an artificial alteration of the 2017 Ebitda for an amount of 51.8 million euros, of the total 69.7 million euros of adjustments that have been incorporated into the Accounts Annual, net of the tax effect ».
The judge quotes for the next January 27 the three experts who have prepared reports on the accounts of the company in the framework of the investigation opened in the Anti-Corruption Prosecutor. On the 28th, he called the workers Miguel Ángel Iglesias Peinado and Susana Pagés de la Peña as witnesses. .