Room II of the Federal Court of Criminal Cassation gave rise to the complaint of the Administrative Investigations Attorney (PIA) against the benefit granted by the Federal Chamber to Santiago Bausilihours before taking over as head of the Central Bank. To the government official Javier Milei He is accused of having carried out maneuvers in the taking of public debt that led to his prosecution under the public ethics law in 2018.
With the votes of the judges Alejandro W. Slokar and Angela E. Ledesma –with the dissent ofJudge Guillermo J. Yacobucci- The Chamber decided to grant the fiscal appeal and analyze the resolution adopted by the judges of the Federal Court of Appeals through which – for the second time – the prosecution of the former director of Deutsche Bank and current president of the Central Bank, represented by the study founded by the Minister of Justice, Mariano Cúneo Libarona, was reversed.
What is investigated?
The subject of the case is directed at financial operations committed while Santiago Bausili served as secretary of the current Minister of Economy Luis Caputo, during the government of Mauricio Macri, both founded the consulting firm Anker Latinoamerica SA after his time in public service in those years.
The investigation was carried out by the prosecutor Federico Delgado and based on this the judge Sebastian Casanello processed it twice upon verifying that in his capacity as Secretary of Finance he led official efforts – among which private meetings with co-workers stood out – for the placement of public debt by banking entities.
The maneuver in question resulted in a benefit of millions of dollars to his former employer, the firm Deutsche Bankwho would have acted as a financial intermediary and received considerable commissions, while generating a record increase in its debt for the State that amounted to US$100,000 million.
The conduct carried out by Bausili is expressly prohibited by art. 13 of Law No. 25,188 – which regulates ethics in the exercise of public function – which determines that it is incompatible with the exercise of public function: “directing, administering, representing, sponsoring, advising, or any other form, provide services to whoever manages or has a concession or is a supplier to the State, or carries out activities regulated by it, provided that the public position held has direct functional competence, with respect to the contracting, obtaining, management or control of such concessions, benefits. or activities.”
The case is being investigated since at the time of serving as Secretary of Finance, Santiago Bausili continued to receive shares and bonuses from the bank for the approximate equivalent of US$200,000, affecting his independence to make decisions in pursuit of the public interest and acting as a representative. of banking entities in the government.
The art. 265 of the National Penal Code provides for penalties of up to six years in prison and perpetual disqualification for public officials who: “directly, through an interposed person or through a simulated act, are interested in their own benefit or that of a third party, in any contract.” or operation in which he intervenes due to his position.” In addition, it contemplates the application of a fine of two to five times the value of the undue benefit.
Source: Ambito
