Last November, all the defendants in the cases Hotesur and Los Sauces They were dismissed by order of the Federal Oral Court No. 1. This is the investigation for alleged money laundering, gifts and illicit association in the operation of said hotel companies. The beneficiaries were the current vice president Cristina Fernandez de Kirchner and his sons Maximum Y florenceamong others involved. However, as of this Tuesday the acquittal of all of them is in danger due to an appeal before the Federal Chamber from Criminal Cassation.
It is that the prosecutor before the Criminal Cassation Mario Villar maintained the appeal filed by his colleague before the oral courts Diego Velasco against the dismissal of the vice president and the rest of the accused. This was explained by the journalist Lourdes Marchese in Hora 17 (La Nación +): “Velasco asked that neither Cristina Fernández nor her children, Máximo and Florencia, be dismissed, but that everything be debated in an oral and public trial.”
“So now, Chamber No. 1 of the Federal Chamber of Cassation, what is going to have to do with this, because it was upheld by the prosecutor before Cassation, is to set a hearing and then decide whether Cristina Fernández de Kirchner and her children , in this case that investigates money laundering, will it go to trial or if it is finally closed”, remarked the aforementioned Marchese. With which, the dismissal could be revoked.
With Villar’s decision, the Cassation – the highest criminal court in the country – must summon all parties to a hearing to decide whether to confirm or revoke the decision. At this stage, the prosecutor before the Federal Chamber does not have to explain the reasons for the appeal, but simply supports the position assumed by his colleague from the previous instance.
The Cassation hearing, which has not yet been convened, will be the instance in which the parties will present their arguments: the accused, on why the dismissal should be confirmed and the prosecution, for the revocation. The Financial Information Unit (UIF), which was the complainant, withdrew from that role and, in fact, consented to the dismissal of all the accused.
The defendants –among which the businessmen Lázaro Báez, Fabián De Sousa and Cristóbal López also stand out– were dismissed in a divided ruling, signed by judges Daniel Obligado and Adrián Grunberg, with Adriana Palliotti dissenting. Those in charge of reviewing that decision will be the judges of Chamber No. 1 of the Cassation, who are Diego Barroetaveña, Daniel Petrone and Ana María Figueroa.
“They are the same judges who dealt with the Future Dollar case and at the time they closed it; the same ones that are going to have to deal with the Memorandum, a case in which the prosecutor (Javier) De Luca did not uphold his appeal, but there was a lawsuit that followed and that is why it is being dealt with today. And it is the same room that at the time opened the case (Alberto) Nisman with another judge, which had closed (Daniel) Rafecas”, Marchese expanded regarding the judges who must make a final decision in Hotesur and Los Sauces.