Maia S. Deguito, Rizal Commercial Banking Corporation (RCBC) branch manager. AP FILE PHOTO
The lawyer of Maia Santos-Deguito, Rizal Commercial Banking Corp. (RCBC) manager of its branch on Jupiter Street, has accused the Anti-Money Laundering Council (AMLC) of being negligent or even part of a cover-up when it filed money-laundering charges against her.
It’s the money-laundering case that the AMLC filed in the Department of Justice last week that has prevented Deguito from spilling the beans, lawyer Ferdinand Topacio said in a press statement on Thursday.
“There is a conspiracy here that boggles the mind involving extremely wealthy, powerful and well-connected individuals, but we are confident the Senate will not spare anyone, no matter his or her status and stature in the banking community and in Philippine society, so that the incident under investigation will not be repeated,” Topacio said.
Four other individuals charged by the AMLC with violating the antimoney laundering law are RCBC bank account holders, who authorities said, may just be using aliases. Based on internal investigations by RCBC, these are all fictitious accounts.
The lawyer also accused the RCBC head office of trying to cover up for “certain” bank officials.
But Francis Lim, lawyer of RCBC president Lorenzo Tan, said it was Deguito who was covering up what she did as branch manager for which she could be imprisoned for up to 14 years, muddling the issue and calling everybody a liar except her.
“Our client invoked her right to remain silent and against self-incrimination during the (first) Senate hearing—although we were ready to tell all at that time—because the AMLC filed a case against her,” Topacio said.
“We view as suspicious the timing and the fact that aside from our client and alleged fictitious persons, the AMLC did not file a case against other bank officers notwithstanding evidence of their possible complicity in money-laundering. AMLC either did not do its homework, or is trying to protect certain persons by engaging in selective prosecution,” he added.
Topacio said Deguito requested an executive session because in the public session—with media and AMLC representatives present, among others—there may be statements made under oath that may be used against her in the pending criminal case.
Penalty
“Since the penalty she faces is 7 to 14 years imprisonment, the constitutional safeguards in her favor must be invoked to protect her rights, including the right to be presumed innocent. Therefore, we shall request the Senate blue ribbon committee to exclude the AMLC representatives, since they are the accusers of our client,” Topacio said.
Impartial inquiry
He accused RCBC of trying to cover up for certain bank officials, alleging that the internal investigator came from Accra Law Office, also allegedly the law firm of Tan’s lawyers.
“We cannot thus be assured of an impartial inquiry within RCBC. Likewise, it was only Ms Deguito who was suspended, although there are allegations against Mr. Tan, who remains bank president and hence in a position to delete e-mails, shred documents and influence or intimidate lower-ranking bank officials who may know matters regarding the alleged money-laundering transaction,” Topacio said.
The lawyer called on the RCBC president to immediately resign, citing the need to “emulate the sense of delicadeza of the president of the Bank of Bangladesh” and protect the reputation of the Philippine banking system.
Topacio claimed Tan was “already under a very dark cloud of doubt.”
Apology to Bangladesh
“For whatever it may be worth, we apologize to the people of Bangladesh for whatever harm this incident may have caused them,” Deguito’s lawyer said.
In questioning the integrity of RCBC’s internal probe, Topacio was referring to Francis Lim of Angara Abello Concepcion Regala & Cruz Law Offices (Accra) and Maria Cecilia Fernandez-Estavillo, head of legal and regulatory affairs at RCBC.
But Lim earlier said the board committee investigating the matter was composed of members representing the major stockholders.
The committee is being assisted by SGV auditors and external lawyers from another law firm—the Poblador Bautista Reyes—not Accra, Lim said.
Last Friday, Lim said the RCBC president had offered to go on leave to give the bank a “free hand” in investigating the money-laundering issue involving its Jupiter branch in Makati and its branch manager.
“The bank’s board thanked him for his gentlemanly and decent gesture but said their trust in him was intact and unshaken,” Lim said.
“Ms Maia Deguito has been saying she will tell all in an executive session. When the Senate blue ribbon committee offered to hold one last Tuesday, she begged off. Why?” Lim said.
“We know she has been lying all along, covering up for what she did as branch manager for which she could go to jail for up to 14 years, muddling the issue and calling everybody, except her, a liar including
Mr. William Go and Mr. Lorenzo Tan,” he said.
Lim said the Senate hearing would unmask Deguito and prove that she had been lying. “We will proceed as may be warranted by the facts,” he said.