The Supreme Court of Justice of the Nation
yesterday dismissed
a series of proposals presented by the General Inspection of Justice (IGJ) relating, on the one hand, to a fine imposed on the Kirchners' Hotesur firm and, on the other, to measures taken on a trust linked to Mauricio Macri promoted by the former head of that organization and lawyer K, Ricardo Nissen.
In the first case, the IGJ had imposed
a fine
on the controller of Hotesur SA for having omitted to present the financial statements of that company during the periods 2017-2020. Hotesur is the company that controls the hotels of the family of former president Néstor Kirchner.
Chamber F of the Commercial Chamber revoked that sanction and the IGJ filed an extraordinary appeal and an incident of annulment. As the appeal was not promoted, the Chamber declared its expiration. Likewise, it rejected the incident of nullity.
The IGJ took the case to the Supreme Court which, with the signature of ministers Horacio Rosatti, Carlos Rosenkrantz and Juan Carlos Maqueda,
dismissed their claims against Hotesur.
On the other hand, with the signature of its four ministers, the Court
rejected a series of proposals from the IGJ referring to a group of companies linked to Mauricio Macri that constituted another K maneuver against the former president.
On April 12, 2016,
Macri entered into a “blind administration trust contract” with “Seguridad Fiduciaria SA” shortly after assuming the presidency to try to avoid a conflict of interest between his companies and his government management
.
In his capacity as trustor, the former president transferred a number of shares issued by the companies “4 Leguas SA”, “Molino Arrocero Río Guayquiraró SA”, “María Amina SA” and “Agropecuaria del Guayquiraro SA”, as well as the rights that in His character as trustor, beneficiary and trustee corresponded to him in the trust called “Caminito Real Estate Trust.”
On March 23, 2021, under the command of lawyer K Ricardo Nissen, the IGJ began a summary action regarding the blind trust contract to which all the administrative files corresponding to the companies linked to the operation were added. Nissen, before taking office in 2019 at the IGJ, was the Kirchners' representative in the Hotesur and Sauces case.
Nissen
denounced Macri's trust before the courts and widely disseminated the case on Página 12 and other K media
. After various inspections, requests and summonses to provide information, the IGJ promoted a judicial action for the annulment of the blind trust contract and requested to declare the irregularity and ineffectiveness for administrative purposes of various corporate acts of the related companies.
As the Commercial Chamber rejected his complaint,
Nissen denounced 9 of the 16 members of the Chamber for prevarication, failure to fulfill the duties of a public official and abuse of authority.
The IGJ appealed three rulings from Chamber C of the Commercial Chamber that annulled a series of decisions of that body linked to the companies “Agropecuaria del Guayquiraro SA”, “4 Leguas SA” and “María Amina SA”. In all three cases, the Chamber understood that the body lacked standing to initiate the actions to challenge meetings provided for in the Companies Law, which in any case had expired.
Once the cases reached the Supreme Court,
the Court dismissed the IGJ's complaint resources linked to the three commercial companies.