A prosecutor asks for the investigation of Victoria Donda for embezzling funds with the offer of a social plan for her employee

Lucia Salinas

02/03/2021 15:45

• Clarín.com

• Politics

Updated 02/03/2021 15:45

Prosecutor Guillermo Marijuan

requested the Victoria Donda investigation for fraudulent administration and embezzlement of public funds

, for offering a social plan or a position in the National Institute against Discrimination, Xenophobia and Racism (INADI) to his domestic employee,

Arminda Banda Oxa .

The complaint "for acts of corruption" was filed by Banda Oxa's criminal lawyer, Fernando Zarabozo, who stated that the domestic worker has been working since 2007 with the head of INADI, who tried to throw her out once the coronavirus quarantine began, "trying to get the woman to resign of her own free will and unilaterally, offering her on that occasion, if she agrees to do so, the receipt of

a subsidy or a position at INADI

, being that such circumstances would exempt her from paying the corresponding compensation for unjustified dismissal, "according to the complaint filed.

The case was settled in the federal court of

Sebastián Casanello

, which delegated the investigation to the prosecution.

During the judicial fair, it was the prosecutor Eduardo Taiano who requested a series of test measures to certify the complaint, such as ANSES sending the documentation about Banda Oxa.

Now, the prosecutor Marijuan asked that the official be called to an investigatory statement "after having been unlawfully interested, outside of the state interest, and

abusing her character as Controller of INADI,

in obtaining a social plan or contract in the said body in favor of Mrs. Arminda Banda Oxa, in order for her to present her resignation from the employment relationship that bound her as a domestic employee in her private home, "the prosecutor stated.

In his opinion, the representative of the Public Prosecutor's Office stated that after the evidence collected, such as the testimonial statements taken, "it is proven that Donda Pérez abusing his status as a public official, as Comptroller of the National Institute against Discrimination, Xenophobia and Racism -INADI- and inserting his particular interest, he offered Mrs. Arminda Banda Oxa a position in the aforementioned body or a social plan, demanding that she resign from the job she performed as a domestic employee and thereby avoiding having to face to any type of compensation claim that corresponded to him in a personal capacity ".

When arguing the request for an investigation, Marijuan considered that "it is unquestionable, in light of the evidence gathered, the existence of a contingency of a labor nature that was known to the defendant Donda, regardless of the formalization -whether judicial or extrajudicial- of any claim ".

On the other hand, he referred to "the irregularities in the employment relationship that linked her with Arminda Banda Oxa and the state of breakdown of that link as a result of the latter's claims to the legal and labor breaches of her employer. The law is reputed to be known to all,

the status of the defendant's lawyer, and the hierarchical position that she plays

in the public function from her current role as Comptroller of INADI and previously as National Deputy, allow affirming the alleged knowledge with greater emphasis and certainty " .

The complaint from the lawyer Zarabozo mentions an audio, in which Donda told him: “Yes, of course I am telling you that

you can write down a plan or something out

there we can write you down.

I need you to tell me that ... you resign, because you have to unsubscribe to be able to join a plan and then you can pay for you to retire.

But I also need to solve that ... my boyfriend who understands ... And I also understand that you need the money.

The plans are charging more or less about 10,000 pesos and the consideration may be close to your house, "says Donda in the audio transcribed in the Zarabozo complaint, to which

Clarín

agreed

.

In addition, the lawyer for Donda's domestic worker included text messages in the complaint, where the official also told her: "Tell me what you want to do and if I can help you with something with your sister.

We can also see a contract in the INADI

".

The salary receipts show payments made by the official to Arminda, from July 2016, when she paid her $ 5,000 per month,

until January 2021, when she also paid her $ 5,000

, as if she had paid her maid the same salary for four years and a half, without any inflationary update.

In that same period, the labor contributions he made rose from $ 176, in August 2016, to $ 363, in January of this year, according to the receipts provided by the official.

In his opportunity, Donda told Clarín: "She told me several times that she had personal problems, that she could not leave her house to do anything, because she has a brother who is boarding school and that because of that situation she did not know if she was going to continue working with me in Since I have it registered, I asked her to resign, so she would not be left with nothing. I offered to help her with some kind of work at INADI, where she could enter the sector of maestranza or could enter a program of promoters against discrimination, for people from poor neighborhoods, or else with some plan. " And he added that, if Arminda resigned, "I was going to pay him compensation, as appropriate. But they

are using it politically, to try to harm me

."