The former president has a new judicial and administrative front. Some consultations, phone calls and strategy design among their lawyers were part of this week’s menu, after the new offensive of the Javier Milei government for the collection of retirement assets.
On Tuesday, the Ministry of Human Capital by Sandra Pettovello He criminally denounced Cristina for alleged scam, fraud to the State and ideological falsehood “for having declared an domicile in the southern zone, allegedly false.”
According to ANSES, the right to charge the benefit “is generated exclusively by the effective residence or real filing in the areas or provinces of Río Negro, Neuquén, Chubut, Santa Cruz, La Pampa, Tierra del Fuego and islands of the South Atlantic and the Carmen de Patagones Party of the Province of Buenos Aires” However, the ex -president – as knowledge is public – resides in Federal Capital.
The main argument of Fernández de Kirchner will be that the benefit per southern zone is not requested, but is granted by Anses automatically if the domicile denounced by the beneficiary corresponds to said region. In rigor, the regulations provides that to register in ANSES, the original ID and copy must be presented in the Personal Data Accreditation System (ADP). The CFK defense will say that the valid domicile according to the regulations of the pension entity is the one in the reported document. And There is no provision that forces the beneficiaries to prove the real domicile.
Judicial Strategy
Another of the plot lines before the courts of Comodoro Py It would be that it was not she who wanted to collect something more. But, in due course, he had a judicial judgment that recognized both benefits – subject and pension – retroactively, which included the discount of the Income Tax. As the former president herself said in her social network, the fact of having resigned from the profits discount that the judicial ruling had established is what demonstrates on its own that she did not want to gain more than what corresponded to her, as she says Human capital In your demand.
The complaint filed by Anses was already drawn. Fell to him Federal Court 11, currently subrogated by Judge Julián Ercolini. However, this Friday ends the sub -project and a new substitute magistrate will be raffled. The names of Daniel Rafecas, Sebastián Ramos, Sebastián Casanello, María Eugenia Capuchetti (although he is in doubt because another court already subrogates) and again Ercolinibut in his titular court, which is number 10. The designated prosecutor, while Franco Picardi was.
Cristina’s defense will be in charge of her usual lawyer in criminal causes, Carlos Beraldi. At the same time, the lawyer who represents and advises on pension issues is Facundo Fernández Pastorwith whom he spoke in the last hours to articulate the strategy. This is the same professional as the sponsorship in the case of the privilege retirement removal by Anses, after the ratification by the Chamber of Cassation of the condemnation in the Cause Roadwhich took place last year.
This last file is administrative, but it is already on its way to prosecuting. As agreed, Cristina challenged the resolution by administrative route and- as expected. However, the former president was not yet formally notified of said resolution. Once this happens, there is a period of 90 days to take the case to the courts.
The National Government took the collection of the assets arguing poor performance of their functions, after the ratification of the sentence to six years in prison and perpetual disqualification to exercise public positions. For Cristina the measure was illegalsince it can only be applied in case of a conviction for political trial.
Source: Ambito
