THE Department of Justice (DOJ) has denied the plea of five officers of the Rizal Commercial Banking Corp. (RCBC) to clear them of criminal culpabilities for alleged violation of the Anti-Money Laundering Act in connection with the $81-million cyber heist involving funds owned by Bangladesh Bank.
In a resolution signed by Assistant State Prosecutor Mary Jane Systat, the DOJ sustained the application of the “willful blindness doctrine” in finding probable cause to indict the respondents Raul Victor Tan, National Sales Director Ismael Reyes, Regional Sales Director Brigitte Capiña, Customer Service Head Romualdo Agarrado and Senior Customer Relationship Angela Ruth Torres for violation of Republic Act 9160 or the Anti-Money Laundering Act of 2001.
The willful blindness doctrine is defined as the deliberate avoidance or knowledge of a crime, especially by failing to make a reasonable inquiry about suspected wrongdoing, despite being aware that it is highly probable.
“There is no better way to describe the acts of respondents Tan, Capiña, Reyes, Agarrado and Torres than this,” the resolution read.
The five RCBC officers are being accused of facilitating the suspicious transactions involving the accounts of a certain Michael Cruz ($6 million), Jessie Christopher Lagrosas ($30 million), Alfred Vergara ($20 million) and Enrico Vasquez ($25 million) despite stop-payment requests from the Bangladesh Bank.
The respondents, according to the DOJ, were found instrumental in the lifting of the temporary hold on the four beneficiary accounts of the international inward remittances of funds allegedly wrongfully taken from the Bangladesh Bank, and the withdrawal of such funds, among other acts.
The resolution found the five to have, among others, deliberately avoided knowledge of the crime, “by failing to make a reasonable inquiry about suspected wrongdoing, despite being aware that it is highly probable.”
It added: “By the very nature of their work in handling millions of pesos in daily transactions, the degree of responsibility, care and trustworthiness expected of bank employees and officials are greater than those of ordinary clerks and employee.”
The resolution slammed “their complacent attitude in handling the suspicious remittances,” calling this “unacceptable and [rocking] the integrity of our banking system.”
Previously, RCBC Jupiter Branch Manager Maia Santos-Deguito was found guilty of eight counts of violation of the Amla involving the Bangladesh Bank funds.
The DOJ said charges have been filed against the five RCBC officers before the Regional Trial Court of Makati City, Branch 141.