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Serious and Very Serious Administrative Infractions and Crimes against the Markets

Confirmation, Amendment or Repeal of the CMVM's Condemnatory Decisions by the Courts



(Article 422 Securities Code, amended by Decree-Law No. 52/2006 and Law No. 28/2009 of 19 June)  

Party

Type of Offence

Sanction Imposed

Summary

Decision(Contents in Portuguese)

 Appeal

Paulo Daniel Campião Grade  Financial Information Duties            

29/03/2012: Sentence passed by the Bench of the Petty Criminal Court of Lisbon (2nd Division/2nd Section) on 9 January 2012 that acquitted the defendant from the CMVM decision of imposing a fine

PDF 
1604 Kb  

The CMVM filed an appeal with the Court of Appeal 

Banco Português de Gestão, SA

Unauthorised Financial Intermediation   Fine:
€40,000 

28/03/2012: Sentence passed by the Bench of the Petty Criminal Court of Lisbon (2nd Division/3rd Section) on 27 January 2012 wholly confirming the CMVM's condemnatory decision

PDF 
3709   

The defendant filed an appeal with the Court of Appeal  

Armando Esteves

Information Disclosure Duties

Fine:
€25,000

14/03/2012: Sentence passed by the Bench of the Petty Criminal Court of Lisbon (2nd Division/1st Section) on 5 January 2012 wholly confirming the CMVM's condemnatory decision

PDF 
1147 Kb

The defendant filed an appeal with the Court of Appeal

Citigroup Global Markets Limited

Market Integrity, Transparency & Fairness

        

30/12/2011: Sentence passed by the Bench of the Petty Criminal Court of Lisbon (1st Division/3rd Section) on 31 October 2011 repealing CMVM's decision by upholding the exception of breach of the ne bis in idem principle (considering that the facts had already been penalised in another legal system).

PDF
1732 Kb

The CMVM filed an appeal with the Court of Appeal

José Pedro Xavier Pereira

Information Disclosure Duties

Fine:
€50,000

25/07/2011 - Sentence passed by the Bench of the Petty Criminal Court of Lisbon (2nd Division/2nd Section) on 7 June 2011 wholly confirming the CMVM's condemnatory decision 

PDF 
1076 Kb

The defendant filed an appeal with the Court of Appeal

GALP Energia, SGPS, SA

Information Disclosure Duties

Fine:
€60,000

19/07/2011 - Sentence passed by the Bench of the Petty Criminal Court of Lisbon (2nd Division/3rd Section) on 24 June 2011 partially confirming the CMVM's condemnatory decision

PDF 
4316

The defendant filed an appeal with the Court of Appeal

GALP Energia, SGPS, SA

Information Disclosure Duties

Fine:
€35,000

06/12/2011: Judgement by the Lisbon Court of Appeal (5th Section) on 25 October 2011 dismissing the appeal and upholding the condemnatory  decision

PDF 
1398 Kb

                             

26/05/2011 - Sentence passed by the Bench of the Petty Criminal Court of Lisbon (2nd Division/3rd Section) on 15 April 2011 partially confirming the CMVM's condemnatory decision

PDF 
4421 

The defendant filed an appeal with the Court of Appeal

Construtora do Tâmega, SGPS, SA

Information Disclosure Duties

Fine:
€25,000

18/11/2011: Judgement by the Lisbon Court of Appeal on 28 September 2011 dismissing the appeal and upholding the CMVM's final decision

PDF 
1335

                              

23/03/2011 - Sentence passed by the Bench of the Petty Criminal Court of Lisbon (2nd Division/1st Section) on 30 November 2010 confirming the CMVM's condemnatory decision

PDF 
1278 Kb

The defendant filed an appeal with the Court of Appeal

GALP Energia, SGPS, SA

Information Disclosure Duties

Fine:
€30,000

21/09/2011: Judgement by the Lisbon Court of Appeal (3rd Division) on 6th July 2011 dismissing defendant's appeal and confirming the sentence

PDF 
3478

                              

22/03/2011 - Sentence passed by the Bench of the Petty Criminal Court of Lisbon (2nd Division/3rd Section) on 7 January 2011, partially confirming the CMVM's condemnatory decision

PDF  
3330 Kb

    

The defendant filed an appeal with the Court of Appeal

Intermoney Portugal – Sociedade Financeira de Corretagem, S.A. (formerly Crédito Agrícola Dealer – Sociedade Financeira de Corretagem, SA)

Financial Information Duties Fine:
€50,000

21/09/2011: Judgement passed by the Lisbon Court of Appeal (9th Section) dated 30th June 2011 annulling the contested sentence and referred the case back for a re-trial, due to irreconcilable contradiction based on the decision to charge for the negligent practice of illegal conduct

PDF 
1544 Kb

                                 

19/01/2011 - Sentence passed by the Bench of the Petty Criminal Court of Lisbon (1st Division/2nd Section), partially confirming the CMVM's condemnatory decision

PDF 
6290 Kb

The CMVM and Public Prosecutor  filed an appeal with the Court of Appeal 

Sumol + Compal SA

Information Disclosure Duties

     

11/07/2011 - Judgement by the Lisbon Court of Appeal (3rd Section) on 01/06/2011, reversing acquittal and ordered a retrial

PDF
1951 Kb    

                                 

06/01/2011 - Sentence passed by the Bench of the Petty Criminal Court of Lisbon (1st Division/2nd Section) upholding the appeal and acquitting the defendant

PDF 
 2494

The CMVM and Public Prosecutor  filed an appeal with the Court of Appeal 

Banco Comercial Português, SA

Information Disclosure Duties

Fine:
€5,000,000
(€2.500,000 
partially suspended)
    

05/03/2012: Judgment by the Constitutional Court (1st Section) dated 15/02/2012 dismissing the appeal filed by the BCP and confirming the decision by  the Lisbon Court of Appeal

PDF 
1471

                                    

30/12/2011: Judgment by the Constitutional Court (1st Section) dated 08/07/2011 that partially upheld the complaint of the BCP, acknowledging two known constitutionality issues concerning Article 389 of the Securities Code and dismissing the others.

The appeal continues in so far as the two issues allowed, as a final decision was taken that the other issues raised by the BCP are not known.

PDF
15325 Kb 

          

08/06/2011 - Summary Decision of the Constitutional Court held that this Court can not consider the appeal filed by the defendant against the Lisbon Court of Appeal's judgement

PDF 
3360 Kb 

The defendant lodged a complaint with the Conference

12/05/2011 - Judgement by the Lisbon Court of Appeal (3rd Section) deemed the appeal to be unfounded and confirmed the contested sentence

PDF 
6254 Kb

The defendant filed an appeal with the Constitutional Court

20/09/2010 - Sentence passed by the Petty Criminal Court of Lisbon (1st Division/1st Section), confirming the CMVM's condemnatory decision

PDF 
4444 Kb

The defendant filed an appeal with the Court of Appeal

Banco Espírito Santo de Investimento, SA

Information Disclosure Duties

Fine: 
€31,000

30/07/2010 - Sentence passed by the Bench of the Petty Criminal Court of Lisbon (1st Division/2nd Section), partially confirming the CMVM's condemnatory decision

PDF 1817Kb                  

Portugal Telecom, SGPS, SA

Information Disclosure Duties

         

04/02/2011 - Judgement passed by the Lisbon Court of Appeal (9th Section) of 09/12/2010 that decided to refer the case back for a re-trial

PDF 
1291 Kb

                        

30/06/2010 - Decision passed by the Bench of the Petty Criminal Court of Lisbon (1st Division / 3rd Section) revoking the CMVM's condemnatory decision and acquitting the defendant

PDF 510Kb   

The CMVM filed an Appeal

Conserve Italia - Consorzio Italiano fra Cooperative Agricole - Società Cooperativa Agrícola (ex-Círio de Rica, S.p.A.)

Market Integrity, Transparency & Fairness

Fine: 
€38,000
(€19,000 partially suspended)
 

01/07/2010 - Judgement by the Lisbon Court of Appeal (5th Section) partially confirming the CMVM's decision

PDF 
1380Kb

                    

25/06/2010 - Sentence passed by the Bench of the Petty Criminal Court of Lisbon (1st Division/1st Section), partially confirming the CMVM's condemnatory decision 

PDF 1686Kb

The defendant has filed an appeal with the Court of Appeal 

EDP - Energias de Portugal, SA

Information Disclosure Duties

             

15/03/2011 - Judgement by the Lisbon Court of Appeal (5th Section) deemed the appeal to be unfounded and confirmed the contested sentence

PDF 
4405Kb

           

06/05/2010  - Sentence passed by the Bench of the Petty Criminal Court of Lisbon (1st Division/2nd Section) upholding the appeal and acquitting the defendant 

PDF
4108Kb 

The CMVM and Public Prosecutor  filed an appeal with the Court of Appeal 

Sport Lisboa e Benfica - Sociedade Desportiva de Futebol -SAD

Information Disclosure Duties

               

      

02/03/2011 - Judgement by the Lisbon Court of Appeal (5th Section) on 9 December 2010 that decided to refer the case back for a re-trial

PDF 
1379Kb
                            

22/04/2010 - Decision passed by the Bench of the Petty Criminal Court of Lisbon (1st Division / 3rd Section) revoking the CMVM's condemnatory decision and acquitting the defendant

PDF
1163Kb

CMVM and the District Attorney's Office filed an appeal

 

Banco Comercial Português, SA

Information Disclosure Duties

30/12/2011: Judgment by the Lisbon Court of Appeal (5th Section) dated  28/06/2011 partially upholding the appeals by the CMVM and the Public Prosecution, and referred the case back for a re-trial as to the administrative offenses attributed to BCP for breach of the registry duties, and confirms the decision appealed against where the BCP was acquitted practicing Administrative Infractions for breaching duties to prevent conflicts of interests and provide quality information to the supervisory entity

PDF 
4117 Kb  

                        

08/11/2010 - Sentence passed by the Bench of the Petty Criminal Court of Lisbon (1st Division/1st Section) dismissing the CMVM's condemnatory decision and acquitting the defendant

PDF 
4160

The CMVM filed an appeal with the Lisbon Court of Appeal 

    

27/01/2012 - Judgment by the Lisbon Court of Appeal (9th section) dated  15/12/2011 dismissing the appeal against the decision declaring the administrative infraction of excessive intermediation as prescribed.

PDF1032 Kb

                

16/04/2010 - Decision passed by the Bench of the Petty Criminal Court of Lisbon (1st Division / 1st Section) wherein the prior issues and the invalidities invoked by BCP are ruled as unfounded and rendering the churning infraction as invalid

PDF
1511Kb

              

Armindo Rodrigo Vieira Leite

Information Disclosure Duties

 Fine: 
€65,000 

07/01/2009 - Sentence passed by the Bench of the Petty Criminal Court at Lisbon (1st Division/1st Section), partially confirming the  CMVM's condemnatory decision 

PDF 931Kb

                               

Sporting - Sociedade Desportiva de Futebol, SAD

Information Disclosure Duties

     

16/09/2010 – Judgement by the Lisbon Court of Appeal (3rd Section) that considered the appeal as unfounded and confirmed the contested sentence

PDF 
2090 Kb

                             

06/11/2009 - Sentence passed by the Bench of the Petty Criminal Court at Lisbon (1st Division/3rd Section) upholding the appeal and acquitting the defendant

PDF 850Kb

 

The CMVM has filed an appeal with the Court of Appeal  

Finanser - Sociedade Financeira de Corretagem, SA

Unauthorised Financial Intermediation and Financial Intermediary's Duties

      

05/06/2009 - Sentence passed by the Bench of the Petty Criminal Court at Lisbon (2nd Division/1st Section), dismissing the case

PDF 372Kb

 

            

António José da Silva Veiga

Qualifying Holdings 

Fine: 
€26,000
(wholly suspended) 

05/05/2010 – Judgement by the Lisbon Court of Appeal (9th Section) partially confirming the CMVM's decision

PDF
1381Kb

 

                          

22/04/2009 - Sentence passed by the Bench of the Petty Criminal Court at Lisbon (1st Division/3rd Section), partially confirming the  CMVM's decision

PDF 1033Kb

The defendant has filed an appeal with the Court of Appeal  

Miguel Maria de Sá Pais do Amaral

Information Disclosure Duties

Fine:
€75,000
(€50,000 partially suspended)

16/03/2011 – Judgement by the Constitutional Court on 16/02/2011 confirming the previous summary decision, whereby it can not consider the appeal filed by the defendant against the Judgement of the Lisbon Court of Appeal

PDF 
378

                       

16/09/2010 – Summary decision of the Constitutional Court held that it can not consider the appeal filed by  the defendant against the Judgement of the Lisbon Court of Appeal 

PDF
2555 Kb

The defendant lodged an objection

26/01/2010 – Judgement by the Lisbon Court of Appeal (3rd Section) upholding the CMVM's appeal and confirming the defendant's conviction

PDF 4382Kb

Yes

06/03/2009 - Sentence passed by the Bench of the Petty Criminal Court at Lisbon (1st Division/1st Section), upholding the appeal and acquitting the defendant 

PDF 964Kb  

The CMVM and the defendant have filed an appeal with the Court of Appeal 

BPN Imofundos - SGFII, SA

Market Integrity, Transparency & Fairness
and
Supervision of Collective Investment Schemes
 

Fine: 
€30,000 

02/02/2009 - Sentence passed by the Bench of the Petty Criminal Court at Lisbon (2nd Division/2nd Section), partially confirming the  CMVM's condemnatory decision

pp.1 - 20 8177Kb

pp. 21 - 36 6278Kb

             

Inapa - Investimentos, Participações e Gestão, SA 

 

Disclosure Information Duties

Fine:
€200,000
 

14/08/2009 - Summary Decision by the Constitutional Court (3rd Section) denying the motion by the Lisbon Court of Appeal (05/05/2009) on the grounds of untimeliness

  PDF 118Kb

                                 

21/11/2008 - Sentence passed by the Bench of the Petty Criminal Court at Lisbon (1st Division/3rd Section), dismissing the appeal and confirming the  CMVM's condemnatory decision

PDF
8082Kb

 

Inapa has filed an appeal with the Court of Appeal 

Pararede, SGPS, SA

Disclosure Information Duties

 Fine:
€100,000

15/02/2010 - Judgement passed by the Lisbon Court of Appeal dismissing the invalidity raised by the defendant Pararede

PDF
415Kb

               

15/02/2010 - Judgement passed by the Lisbon Court of Appeal revoking the decision passed by the Petty Criminal Court and upholding the CMVM's decision 

PDF
999Kb

Pararede has filed an appeal

21/11/2008 - Sentence passed by the Bench of the Petty Criminal Court at Lisbon (2nd Division/3rd Section), upholding the appeal and acquitting the defendant

PDF 7096Kb

The CMVM has filed an appeal with the Court of Appeal

LJ Carregosa - Sociedade Financeira de Corretagem, SA

 

Unauthorised Financial Intermediation and Financial Intermediary's Duties 

 

Fine:
€50,000  

14/08/2009 - Order by the Lisbon Court of Appeal granting the defendant's motion for withdrawal of the appeal

PDF 1074Kb

                                       

   

08/04/2009 - Sentence passed by the Bench of the Petty Criminal Court at Lisbon (1st Division/2nd Section), that found the defendant guilty of breaching the duty of asset segregation 

PDF 1392Kb   

The defendant has filed an appeal with the Court of Appeal  

04/12/2008 - Judgement by the Lisbon Court of Appeal (9th Section) revoking the Judgement passed by the District Court and determining the hearing in question  

PDF
3585Kb

                 

21/01/2008 - Sentence passed by the Bench of the Petty Criminal Court at Lisbon (1st Division/2nd Section), rendering the CMVM's condemnatory decision invalid due to issues related to the burden of proof thus disfavouring the merit review appeal 

 PDF
 927Kb

The CMVM has filed an appeal with the Court of Appeal 

 

PT Multimedia - Serviços de Telecomunicações e Multimédia, SGPS, SA  

Information Disclosure Duties

Fine:
€200,000

20/12/2007 - Judgement by the Lisbon Court of Appeal denies granting the appeal and confirms the sentence in the conviction against the defendant concerning the payment of a €200,000.00 fine

PDF
3175Kb

              

24/07/2007 - Sentence passed by the Bench of the Magistrates Criminal Court in Lisbon (2nd Division/2nd Section), in the administrative infraction proceeding, which confirmed the CMVM's decision rendered in the Administrative Infraction Proceeding No. 18/2005, of imposing on the defendant a fine in an amount of € 200,000.00 for the breach of Article 7 Securities Code (CdVM). Disclosure of the verbatim judicial decision, pursuant to Article 422/1 & /2 CdVM. The current decision did not become res judicata                      

pp. 1-26 3941Kb

pp. 27-38 1938Kb

pp. 39-53 2434Kb

 

 Yes

Lisbon Brokers - Sociedade Corretora, SA

 

Financial Intermediary Duties   

 

Fine:
€50,000 

10/02/2011 - An appeal to the Court of Appeal was cancelled due to withdrawal by the defendant

           

              

04/11/2010 - Sentence passed by the Bench of the Magistrates Criminal Court in Lisbon (2nd Division/2nd Section),on 15th October 2010 in the administrative infraction proceeding, which confirmed the CMVM's decision concerning seven of the nine administrative infractions (the procedure for the other two were declared to be prescribed) and upheld the EUR 50,000 fine imposed by the CMVM

PDF
 3989 Kb

Lisbon Brokers filed an appeal with the Appeal Court   

07/01/2009 - Order of the Judge of the Constitutional Court considers that the proceedings had lapsed due to appellants's waiver

PDF
221Kb

           

26/11/2009 - Judgement by the Lisbon Court of Appeal (3rd Section) which dismissed the invalidity raised by the defendant

PDF
387Kb

Lisbon Brokers appealed to the Constitutional Court 

26/11/2009 - Judgement by the Lisbon Court of Appeal (3rd Section) which upheld the appeals of the CMVM and the Public Prosecutor and revoked the decision of the Magistrates Court, which should be replaced by another that proceeds to judgement, considering all the evidence gathered in the administrative infraction process as valid 

 PDF 1978Kb

The Lisbon Brokers argued the invalidity of this ruling

 

03/12/2008 - Sentence passed by the Bench of the Magistrates Criminal Court in Lisbon (2nd Division/2nd Section), upholding the appeal and determining the reformulation of the CMVM's decision

 PDF 4621Kb

CMVM and the District Attorney's Office filed an appeal

09/10/2007 - Petty Criminal Court - Timely acceptance of the application for appeal and the scheduling of the hearing.

PDF 
25Kb

No  

09/06/2006 - Petty Criminal Court - Rejected Appeal.

PDF 22Kb 

Yes