DOJ resolves to file criminal charges vs bank officer in Wirecard AG mess

The Department of Justice (DOJ) said it has resolved to file in court criminal charges against an assistant manager of a Philippine bank in connection with the $2.1 billion “scandal” of the Germany-based firm Wirecard AG.

In a press briefer issued on Thursday, Aug. 18, the DOJ identified the bank officer to be charged as Joey Dela Cruz Arellano, a.k.a. Joey Cruz Arellano, assistant manager of the Bank of the Philippine Islands (BPI).

“He was charged with four (4) counts of falsification for four falsified bank certificates and two (2) counts of violation of Section 55,1(a) in relation to Section 56.1 of RA 8971 (the General Banking Act of 2010) in relation to Section 36 of R.A. 7653, as amended by RA 11211 (New Central Bank Act),” the DOJ said in its briefer.

Despite requests by journalists covering the DOJ, a copy of the resolution on the filing of the criminal charges was not made available.

In its press briefer, the DOJ also said:

“Meanwhile, the charges against Atty. Mark Kristopher G. Tolentino, Judith Singayan Pe, Jan Marsalek, and other Jane Does and John Does were dismissed for insufficiency of evidence.

“The controversy emanated from a scandal involving a Munich-based digital technology company named Wirecard AG. The Philippines was dragged into the issue because BPI and Banco de Oro (BDO) were implicated for allegedly holding trust accounts for Wirecard AG in the amount of 1.9 Billion Euros of 2.1 Billion US Dollars. The banking institutions denied the same, averring that Wirecard AG was not their client.

“Respondent Atty. Kristopher G. Tolentino, former Assistant Secretary of Department of Transportation, was mentioned as the Filipino trustee of Wirecard AG in the Philippines, while respondent Jan Marsalek, Chief Operating Officer of Wirecard AG, allegedly entered Philippines on 23 June 2020 to evade authorities in Germany.

“The National Bureau of Investigation (NBI) and BPI filed charges against Atty. Mark Kristopher G. Tolentino and M.K. Tolentino Law office, Joey Dela Cruz Arellano a.k.a. Joey Cruz Arellano, Judith Sangayan Pe, Jan Marsalek, and other Jane Does and John Does. However, only respondent Joey Dela Cruz Arellano was indicted.”