Acciona tries to avoid prosecution in the 'Koldo case' with a report to Anti-Corruption: 'The modus operandi used was undetectable'
Acciona's internal report to Anti-Corruption aims to mitigate the potential prosecution over its involvement in the Koldo case, which has already implicated several former executives of the company.
Acciona Construcción SL has delivered an internal report to Spain's Anti-Corruption Prosecutor's Office reviewing its connections with the small firm Servinabar, which is being investigated as a possible conduit for bribes related to the Koldo case. Acciona is under scrutiny by the Fiscalía and the National Court due to several tenders where investigators allege it received support from individuals involved in the case. The implications for Acciona are severe as it could face charges as a legal entity if it fails to demonstrate an effective internal compliance system.
The report, consisting of 151 pages, is part of Acciona’s compliance program, detailing various measures the company claims to have implemented to prevent criminality. With several former executives already charged, the pressure is mounting on Acciona to prove its internal procedures were sufficient to avoid legal repercussions. The prosecution's next steps may depend significantly on the credibility and contents of the report submitted to the court by the Fiscalía, overseen by Judge Ismael Moreno.
If Acciona's attempt to evade prosecution is unsuccessful, it could set a precedent for corporate accountability in Spain, emphasizing the need for robust compliance systems within big companies. The 'Koldo case' highlights the ongoing challenges of corruption in public contracting and the necessity for oversight in tender processes, which could lead to reforms in how public contracts are awarded in the future.