(CNN Español) – An Argentine judge fired the vice president earlier this Friday Christina Fernandez de Kirschner; His sons Maximo and Florence Kirschner; And businessmen Lazaro Pace and Cristobal Lopez, in the Hotasur-Las Saas case, according to a judgment approached by CNN.
Both Fernández de Kirchner and the other defendants were to be prosecuted for money laundering, illicit relations and negotiations inconsistent with public affairs. The case focuses on corruption money laundering maneuvers by the Kirschner family’s hotel and real estate businesses during the current vice president’s government, according to the verdict and prosecutor.
However, by a majority of Thursday’s decisions of Federal Oral Court No. 5, the defendants will not be currently on trial. The decision can be appealed by a lawyer.
This is the third file fired by the former president this year before the oral and public hearings began. The same action was taken by the Federal Court of Cassation in the Memorandum with Iran case, which allegedly covered up the AMIA’s attack on the Jewish community, and on the future dollar case, accusing the fraud administration.
When Fernandez de Kirchner benefited from the auctions and contracts awarded by the authorities during the government, Kirchner received money from rents paid to public works contractors Lazaro Pace and Cristobal Lopez by both Hotspur and Los Saus.
The vice president’s lawyers argue that “Hotsur SA and Las Saas SA are legal businesses” and agree to pay the rent, but according to the summary they provided, it would not be related to the contracts awarded to the entrepreneurs who paid them. By security before the proposal.
In the Hotesur-Los Sauces case, Fernández de Kirchner’s party had previously sought dismissal, and in April 2019, the court rejected CNN’s appeal. In addition, according to La Nacion, the Federal Chamber of Cassation rejected the request to cancel the hearing of the file.
This Friday’s court ruling comes in response to a fresh request from Vice President’s Attorneys Carlos Peraldi and Ari Lernovai. Judges Daniel Obligado and Adrian Grünberg voted in favor of Fernández de Kirchner and the other defendants. Judge Adriana Paliotti voted against the dismissals and said the case should be analyzed orally and in public, as requested by the prosecution’s Diego Velasco.
Regarding the indictment, Justices Obligado and Grünberg said the funds used to pay the rent were “legal in origin” because they were “supported by the rules and decisions disclosed by the bank and the official bodies and / or the authorities”. Another argument of the Criminal Procedure Code was that more harmless legislation should be used and could be dismissed in advance, until 2011 – when the facts under investigation continued from 2008 to 2015 – “car wash” – a maneuver to launder their own money – which was not conceived by Argentine law.
“The legal appearance of the property was given from the first moment; That is, from the time the funds are transferred for the contract of public works, licenses or concessions, or tax or other concessions; They are all supported by strict rules, ”said Justices Oblicado and Grunberg.
Criminal Procedure Code Argentina Allows analysis of pre-trial dismissal, but to do so the record must meet certain requirements, such as the emergence of new evidence in favor of the accused (s). For example, the attorney argued in his opinion that this condition was not met because the two accounting opinions requested by Fernandes de Kirchner’s defense were still pending, and its full results had not yet been attached to the file.
Judges Obligado and Grunberg suspended the capabilities on Friday, according to the ruling. In a referendum, Judge Polioti ruled that partial results of one of the trials could be considered “new evidence” and “strongly opposed by the prosecution”.
Among other arguments, the judges also ruled that the allegation of alleged illicit contact was “not possible” as another trial against Fernandes de Kirchner and Peace was being investigated as “same fact”.
According to the judges of Federal Oral Court No. 4, who was sentenced last February to twelve years in prison for a serious money laundering offense, the investigation came from financial corruption. The businessman was questioned along with the vice president in another investigation known as the Violent Case, which allegedly defrauded the public administration of road works in the province of Santa Cruz in support of the Peace Companies, although this investigation was not. It does not deal with rent paid by the landlord to the Kirschner family.
Proponents of her case have been working to make the actual transcript of this statement available online. Through Hotesur, Kirchners received funding from Báez companies to pay for rooms in the El Calafate Hotel, an asset managed by a Báez company. Lopez is accused of paying rent to Kirschner-owned real estate in the name of the Las Saas company.