2023-05-09 12:40:00
There are several court decisions that are pending Cristina Fernandez de Kirchner and also to his family. The magnifying glass is on the Federal Chamber of Cassationwhich has a key decision pending for the future of the vice president: it must establish whether to confirm the dismissal in the hotesur cause Or if it goes to trial. But Justice also has pending the fate of more than 5 million dollars that they seized Florence Kirchner and they still haven’t been returned.
The story regarding the vice president’s daughter’s money began in 2016. On July 15 of that year, the federal judge Julian Ercolini took a proposal from the Public Prosecutor’s Office to seize the money of the daughter of the Kirchner couple, whose basic argument was that “the matrix made up of irregular businesses would not end with the benefit granted to businessmenbut would also have been characterized by a channeling of funds of illegal origin on the part of those entrepreneurs in favor of the presidential family itself”.
Gerardo Policcita, the prosecutor who had requested the embargo, pointed out in a 2016 decision to which PROFILE agreed that Florencia “would not only have participated in the corporate frameworkbut also that at least part of that money found in their sphere of custody would have been provided to them in different circumstances by their parents, who are suspected in the records”.
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In short, he considered that These sums of money “might constitute the proceeds of the illegal activity investigated in the proceedings.”
Ercolini received 7 pages of a resolution to decree the seizure of the money found in the boxes that the daughter of the presidential couple had in the Banco Galicia.
How much money was seized
Specific, son U$D 4.664.000 that were in box 5783-9-9 of the headquarters located at Juan Domingo Perón 407. But the measure also reached another important amount in dollars: it is regarding U$D 1,032,144.91 from the cash of a savings account and $53,280.
The defense by the lawyer Carlos Beraldi appealed the measure, arguing that the requirements established in the Penal Code to move forward with the measure had not been verified.
Lawyer described as ridiculous the assumption that the former president tried to hide money in the name of his daughter in a safe deposit box at the same bank where the dollars were purchased and pointed out that the tax hypothesis regarding the intention to hide the banking operations was incorrect.
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The embargo, which had been ordered considering that there was a danger in the delay, was on funds that, according to the defense, came from the inheritance of the former president Nestor Kirchner, in process before the Court of First Instance in Civil, Commercial, Labor and Mining No. 1. In this capacity, Florencia Kirchner “was the owner of real estate and company shares” and that the information that arose from the case for the succession “categorically” denied the urgency invoked at the time of the embargo, according to a judicial resolution .
“Even a child would realize that if you tried to hide money, youor is it going to be left in a safe deposit box in the same bank in which the dollars were bought (…). What’s more, to pretend that a former president of the Nation, with 100% public knowledge, is going to hide money in the name of her daughter, named Kirchner -not Fernández- in a private bank whose main shareholders have a known link with the current government It is at least a lack of respect for intelligence“Beraldi had expressed.
The judicial journey
But a few months later, in November of that same year, the Federal Chamber confirmed the embargoes on the safe deposit box and bank accounts. It was with votes of the judges Jorge Luis Ballestero, Eduardo Farah and Eduardo Freilerwho rejected the motion for annulment filed by the defense.
Flor K once more asked for the return of the millions seized
Thus, Florencia took her complaint to the Supreme Court of Justice, which on October 13, 2017 confirmed the embargo, with votes from Elena Highton de Nolasco, Juan Carlos Maqueda, Horacio Rosatti and Carlos Rosenkrantz. To support their decision, the Supreme Court maintained that the appeal it was not directed once morest a final sentence.
In July it will be 7 years since the embargo dictated by Ercolini and the money has not yet been recovered by Florence. This despite the dismissals that the Court issued in favor of the vice president and her family, and that she now has to review the Federal Chamber of Cassation. PROFILE consulted the defense of the vice regarding what will happen with the funds, but there was no response at the close of this note.
One probability is that the ruling issued by Cassation determines what will happen with that money which is in the power of Justice. If the decision is favorable to the Kirchner family, a scenario leading to their return would be configured, although, if there are appeals, the decision would be made by the Court in even longer terms.
AS/fl
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