Former Department of Transportation (DOTr) Assistant Secretary Mark Kristopher G. Tolentino, Austrian citizen Jan Marsalek and two other persons have been charged criminally before the Department of Justice (DOJ) in connection with the “billion-dollar scandal” of Wirecard AG, a firm based in Munich, Germany.
Assistant State Prosecutor Honey Rose E. Delgado, spokesperson of the DOJ’s Office of the Prosecutor General (OPG), confirmed on Friday, June 4, that the complaint was filed by the National Bureau of Investigation (NBI) and Bank of the Philippine Islands (BPI) last Monday, May 31.
Aside from Tolentino and Marsalek, who was a former Wirecard AG executive, also indicted were alleged bank employees Joey Dela Cruz Arellano and Judith Singayan Pe.
A copy of the complaint was not made available to journalists covering the DOJ.
Delgado said all of the respondents have been accused of falsification of commercial documents under the Revised Penal Code (RPC); violation of Section 55.1 in relation to Section 56.1 of Republic Act 8791, the General Banking Act; violation of Section 33 of RA No. 8792, the Electronic Commerce Act; and violation of Section 4(a)(b) of the RA 10175, the Cybercrime Prevention Act of 2012.
Last year, Justice Secretary Menardo I. Guevarra ordered the NBI to investigate persons who were reported to be connected to Wirecard after consultations with the Bangko Sentral ng Pilipinas (BSP).
“Last Wednesday I received a copy of the complaint filed by the NBI against certain persons allegedly involved in the Wirecard mess,” Guevarra said.
Aside from the complaint filed last May 31, the NBI also lodged before the DOJ on Aug. 7, 2020 a criminal complaint against immigration officers Perry Michael Pancho and Marcus Nicodemus for reportedly falsifying the travel records of Marsalek.
Pancho and Nicodemus reportedly faked immigration records that Marsalek was in the country in June 2020 and was believed to have been part of the Austrian’s attempt to derail authorities who have been hunting him down.
They were charged with falsification of public documents under the RPC and with violation of RA 6713 or the Code of Conduct of Ethical Standards for Public Officials and Employees in relation to RA 3019, the Anti-Graft and Corrupt Practices Act.
Wikipedia says “Wirecard AG is an insolvent German payment processor and financial services provider, whose former CEO (chief executive officer), COO (chief operating officer), two board members, and other executives have been arrested or otherwise implicated in criminal proceedings.”