The avocamiento was requested by a company of the Grassi Group, creditor of Vicentin, considering that there were a series of “procedural misconduct” and arbitrariness during the process by the judge, Fabián Lorenzini.
The president of the Provincial Court, Rafael Gutiérrez, signed a decree by which he removed the file from Lorenzini by way of avocamiento and suspended the procedural deadlines, for which the payment offer that Vicentin presented in the contest was stopped.
In his opinion, Barraguirre opined that “the claim in the terms in which it was formulated, is assimilable to the assumption of per saltum not existing in our province.”
“Finally, and even in the absence of legal provision, the content of the assertions made by the applicant, which lead me to conclude that the institutional seriousness has not been demonstrated,” added the attorney, to reject the remedy proposed by the president of the Court at the request of a creditor.
But parallel to that position, which returns the file to the natural judge, Barraguirre suggested in his ruling to establish a series of external control measures for the contest.
Among them, the prosecutor proposed the intervention of the legislative commission for the follow-up of the Vicentin case and that of an extra-criminal prosecutor.
In Santa Fe there are only three in the entire province, judicial sources said.
In the 52-page opinion, Barraguirre also emphasized Vicentin’s controversial payment proposal – called a settlement agreement – to his creditors.
“A fundamental care is given in relation to the payment proposal: as it is formulated, it could imply the violation of the principle of equal treatment insofar as countless creditors would seem to obtain the payment of one hundred percent of their credit while others would obtain a noticeably lower percentage”, warned the opinion.
A group of creditors precisely questioned the agreement presented by the firm in default, considering that it is “abusive” because for those who have a greater amount of credits, the proposal implies the cancellation of 20%.
In addition, the proposal presented by Vicentin to Judge Lorenzini implies -in order to become effective- the sale of 16% of the shares that he still retains in the Renova plant to his partner in that same company, Viterra Argentina, formerly Glencore.
But there are two precautionary measures, ordered by criminal judges who are investigating an alleged fraud of US$500 million by Vicentin executives during the agro-export company’s default process, which prevent the sale of those shares.
The provincial deputy of the Social and Popular Front, Carlos Del Frade, members of the legislative commission that follows the contest, said today that “the recent opinion of Attorney Barraguirre rejects the supposed proposal of the business group and leaves the ground open so that once again The national government takes action on the matter”.
“Recovering Vicentin for the Argentine people is not a possibility, it is a collective existential need,” said the deputy.
In addition, he pointed out that “the great Vicentin scam must be paid by those who perpetrated it. The directors have already been prosecuted several times, as well as the accomplices they had in Banco Nación and in the Central Bank, with the full knowledge of former President Mauricio Macri.”
Source: Ambito
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