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Spain's Supreme Court said in a non-binding recommendation on Tuesday it did not agree that Santander CEO Alfredo Saenz should be offered a pardon for a conviction for false accusations against debtors, a source said.
In March, 68-year old Saenz was barred from working as a banker for three months and faced a possible jail sentence after the culmination of the long-running case, which related to his time heading Banesto in 1994.
The ruling was seen as an embarrassing blow to his reputation but did not spark a battle for succession and the terms of the ruling have still to be carried out.
The CEO had originally been sentenced to six months and 1 day of prison in 2009, though he has since made several appeals and the latest ruling in March, while confirming that earlier verdict, softened the terms of the sentence.
Santander declined to comment.