NBI, BPI sue Marsalek, lawyer Mark Tolentino over Wirecard scandal

Two of the largest Philippine banks have been tagged in a crisis involving German payment service provider Wirecard. BDO Unibank Inc. and the Bank of the Philippine Islands said the German firm is not among their clients.
AFP/File

MANILA, Philippines — The National Bureau of Investigation and the Bank of the Philippine Islands have filed criminal raps against lawyer Mark Tolentino and Austrian bank executive Jan Marsalek in connection with the supposedly $1.2-billion fraud linked to German firm Wirecard, the Office of the Prosecutor General confirmed Friday.

Assistant State Prosecutor Honey Delgado, OPG spokesperson, confirmed that the complaints were filed before the Department of Justice on May 31.

Aside from Tolentino and Marsalek, others named as respondents are:

  • M.K. Tolentino Law Office
  • Joey Dela Cruz Arellano a.k.a. Joey Cruz Arellano
  • Judith Singayan Pe
  • Jan Marsalek, former executive of Wirecard AG

Several other unnamed individuals are also tagged as respondents in the complaint.

The OPG said they are accused of violating Republic Act 8791 or The General Banking Act, in relation to RA 7653 or the New Central Bank Act, in relation to RA 10175 or the Cybercrime Prevention Act.

Complaints of violation of RA 8792 or the Electronic Commerce Act and RA 10175 have also been filed against the respondents.

Tolentino through his law firm M.K Tolentino Law and Business Consultancy Office reportedly served as trustee of the Wirecard accounts.

Bureau of Immigration records initially showed that Marsalek enter the Philippines in June 2020, but investigators later found out that the travel records may have been falsified. Two employees of the Bureau of Immigration have since been sued over this incident.

A copy of the complaint has yet to be made public as of press time. No other detail has also been given.

The Wirecard fiasco first exploded in January 2019, when a Financial Times report revealed accounting irregularities in the German firm in an attempt to steal money. Wirecard AG reportedly lost US$2.1 billion in its purported Asian operations that ultimately brought the company down. — Kristine Joy Patag

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