Lucia Salinas
09/08/2021 20:30
Clarín.com
Politics
Updated 09/08/2021 20:30
The body led by Mercedes Marcó del Pont desisted from formalizing its accusations against
Cristóbal López, Fabián De Sousa and Ricardo Echegaray
in the trial for the alleged fraud of the public administration for the multimillion-dollar debt of Oil Combustibles SA with the AFIP during the last government of Cristina Kirchner.
A month ago, thanks to the treasury, businessman K managed to rescue the oil company from bankruptcy.
This Thursday the allegations begin in the trial carried out by the Federal Oral Court 3 (TOF 3) made up of judges Andrés Basso, Fernando Machado Pelloni and Javier Ríos, where the three accused of fraud are the owners of the Indalo Group and the former holder of the AFIP during the Kirchner administration.
Hours prior to tomorrow's hearing,
the AFIP reported that it is withdrawing as plaintiff in the case
and as a direct consequence, during the instance of the allegation that corresponded to it for tomorrow, it will refer to what was raised in the resolution signed by Mercedes Marcó del Pont.
Official sources told
Clarín
that "the irregularities found allow the complaint to be withdrawn."
The accusations are directed at the administration of the collecting body during the administration of Mauricio Macri, who was a complainant in the case that led Cristóbal López and De Sousa to prison three times.
The head of the AFIP Mercedes Marco del Pont made the decision to withdraw from the complaint.
The head of the AFIP, Mercedes Marcó del Pont, "ordered the withdrawal of the complaint body in the criminal case that has as main defendants the shareholders of the Oil Combustibles company," it was officially reported.
The decision is based on "internal evidence (audits and disciplinary summaries) and external (administrative complaints and judicial requirements) that reveal serious acts of administrative corruption, based on abuses of authority and misuse of power."
The resolution signed by the current head of the AFIP, argues that "the matrix of the events that occurred between December 2015 and December 2019 have a common feature:
the purpose of persecution and harassment of certain political and economic objectives."
In contrast to this proposal, the prosecution with which the trial began, maintains that there was a
"corruption maneuver by which, from the AFIP, the officials in charge of administering the revenues of the Nation, headed by the head of the agency Ricardo Echegaray,
through the ITC, systematically, deliberately and permanently defrauded the National State, for the benefit of the businessmen Cristóbal López and Fabián De Sousa, causing damage to the public administration of more than 8 billion pesos. "
The court determined that the payment facility plans granted by the AFIP to businessman K allowed him not to pay the aforementioned tax so that they could "use it improperly and for their own benefit."
That money, according to the Justice, was used to capitalize the other companies of the Indalo group.
"This, to the detriment of the State coffers, which ceased to receive the sum of $ 5,144,538,391.07 as capital."
Cristóbal López always maintained that the payment plans were granted "under the regulations in force in the treasury" and that the debt did not exceed 650 million pesos when the oral debate began.
The court held that far from complying with its tax obligations, the owner of Grupo Indalo "financed himself with those funds to increase his media conglomerate."
Endorsing the thesis of the political persecution that Fabián De Sousa denounced in federal justice, the current management the withdrawal of the complaint in the case "constitutes a decision of institutional responsibility of the political authorities of the AFIP by not legitimizing the persecution, the harassment and the arbitrariness that occurred during the previous government, which were identified and documented since December 2019. "
To this must be added another data that official sources highlighted: Oil Combustibles achieved a month ago -thanks to the endorsement of its main creditor, the AFIP-,
lift the bankruptcy of the oil company by settlement, a process through which the liquidation of the company is avoided and a payment agreement is reached with its creditors.
This Wednesday, in fact, he made the first payment
On August 11, the commercial judge, María Soledad Cazzasa, resolved the lifting of the bankruptcy, indicating that she had concluded said process on Oil Combustibles after having obtained the agreement of her creditors and thus, the settlement.
Within the framework of this process, a reserve of funds for 5,275,440,107.27 pesos was made for labor lawsuits, incidents, fees, reserves for taxes, among others.
This bankruptcy by settlement that López obtained nullifies the request made by the AFIP of the macrista management, so that the bankruptcy extends to the Indalo Group and to individuals, that is, its owners.
In this way, judicial sources explained to Clarín that "the media group that was linked to Oil Combustibles is not at risk."
It was a process in stages.
In the middle of the pandemic, Cristóbal López took advantage of the tax moratorium promoted by Alberto Fernández.
Today, as Clarín learned, the oil company inactive since 2018, paid the first of the installments of the payment facility plan.
When the ruling party turned the bill into law, the opposition refused to support the measure, focusing on Oil's debt and that it is a company with bankruptcy ruled in mid-2018 and completely inactive.
"They are looking for a payment facility plan to cancel all of their tax debts verified in the bankruptcy (6,739,449,633 pesos), in bankruptcy (1,507,702,128 pesos) and pending resolution (3,548,496,183 pesos)," they said then .