Lucia Salinas
07/02/2020 - 14:12
- Clarín.com
- Politics
Judge Fabián Lorenzini, who carries out the preventive contest for Vicentin, received a letter from Luciano Zarich, one of the two auditors appointed by the national government through a Decree of Necessity and Urgency (DNU), demanding the restitution of the role that I had assigned them from the Casa Rosada. The magistrate had left him with Gabriel Delgado as controlling watchdogs, after ratifying the owners as head of the company administration.
In harsh terms, the auditor criticized the judge: "He systematically violates the law." Thus, it reaffirmed the Government's intention to advance against the company.
The preventive bankruptcy of the Vicentin Group, accumulated a significant number of filings following the decision of Judge Lorenzini on June 19. In it, she understood that to guarantee the commercial turn of the company - which recognized 2,638 creditors representing a debt of $ 100,000 million - it should be the owners who are in front of the administration. A week ago, Luciano Zarich and Gabriel Delgado had been appointed by order of President Alberto Fernández through a DNU.
That judicial determination in the framework of the insolvency process, became other measures. The first to complain was the province of Santa Fe through the General Inspectorate of Legal Persons (IGPJ), requesting that the auditors return to full functions, and that one more be added on behalf of the local government. Furthermore, they asked that Lorenzini annul his own resolution.
Now the complaint was from the Financial Controller Zarich, who continues as controlling observers. In the brief to which Clarín agreed, he criticized with hard terms the decision of Judge Lorenzini.
"He has violated and violates in the main process and in these actions in particular in a systematic and constant way the law", indicates in one of his first statements and refers there, to what he understands, the Magistrate "makes the DNU say in use of its constitutional powers, which VS wants it to say and grants unconstitutionality issues (something that was raised by Vicentin), or provides measures against the National State in direct contradiction with the specific law that regulates the subject, which seems to be unknown that he systematically violates it, "depending on how it resolved on June 19.
At this point, to reinforce the proposal, Zarich cites arguments from the IGPJ that held that the owners of Vicentin are not suitable to manage the company that "led to this financial situation."
When analyzing the situation, the judge of the contest indicated that it is in the presence "of a company of enormous dimensions and with a preponderant role in the national and international grain market." Therefore, its assets "must be managed with the degree of expertise that ensures its proper management, given that its operational continuity, reinsertion in the international grain market and successful negotiation with bankruptcy and post-bankruptcy creditors will depend on it. "
In this regard, Lorenzini ordered "that the natural administrators of the bankrupt company, appointed in accordance with the last Ordinary Shareholders' Meeting, continue to exercise the functions for which they were appointed, in accordance with its statute." This measure displaced government auditors.
For Zarich, the measure is incorrect and creates a risk, since , citing the IGPJ, he denounced that the owners of Vicentin "have carried out countless acts of personal property disempowerment, donations, and property sales everywhere, days before and after the judicial presentation "
It is that for the intervener as for the national State that appeared through the Treasury Procurement, with the Lorenzini decision " the administrative decision included in the DNU adopted by the Executive Power in use of its powers to proceed with the anomalous temporary occupation. "
The judge in his resolution that puts Zarich as the Government in discussion, spoke of a "presidential intervention" in the bankruptcy process and that this generated "a concrete displacement of its natural directors, placing us in the current scenario of legal uncertainty regarding who must invest the role of administrator and representative of the bankrupt. " That is why Lorenzini returned the owners to the administration.
Faced with this scenario, Zarich argued that to guarantee the bankruptcy process "the intervention has specialists" and pointed out against Vicentin: "it seems that the directors replaced and benefited by the judge were the only ones capable of carrying out the management but it turns out that they crashed the company Those directors he replaces were the ones who took Vicentin to where he is today. "
For these reasons, he requested that the decision be annulled and that the Government's auditors return to occupy the place assigned by the DNU. Before the requests to declare the presidential decree unconstitutional, Judge Lorenzini had declared himself incompetent and Zarich as the National State asked that this proposal be settled in the administrative contentious jurisdiction.
