Less than a month after his prior judicial dispositionRoom II of the Federal Court of Criminal Cassation unanimously rejected the annulment filed by Santiago Bausiliholder of Central Bank of the Argentine Republic (BCRA)in a case that judges him for conflicts of interest.
The official’s defense, led by Cristian Cúneo Libarona (brother of the Minister of Justice), tried to declare the inadmissibility of the ruling that determined that Bausili incurred negotiations incompatible with public service. The investigation dates back to 2018, a period in which he held the position of the Secretary of Finance of the Nation, participated in several administrative acts in the management of sovereign debt which represented a million-dollar profit for the firm Deutsche Bank, financial entity in which he himself held management positions between 2007 and 2015.
“The proposal formulated is manifestly inadmissiblesince in truth the presenter is unable to pursue his claim other than with a disagreement with the resolutionwhich ultimately turns out to be a provisional judgment of formal admissibility,” the judges argued in their rulings, Alejandro Slokar, Angela Ledesma and Guillermo Yacobucciin accordance with the ruling of the prosecutor Raúl Pleé.
Furthermore, the new ruling states that “the declaration of nullity for the sake of nullity itself is unacceptable or for the sole interest of formal compliance with the law, which would result in a manifest ritual excess, incompatible with the good service of justice.”
Investigation of Santiago Bausili
The object of the case is directed to financial operations committed while Santiago Bausili served as secretary of the current Minister of Economy Luis Caputoduring the government of Mauricio Macri. They both founded the consultancy Anker Latin America 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 an increase for the State record of its debt that amounted to US$100,000 million.
The conduct carried out by Bausili is expressly prohibited by the Article 13 of Law No. 25,188 –which regulates ethics in the exercise of public office- which determines that it is incompatible with the exercise of public office: “direct, administer, represent, sponsor, advise, or, in any other way, provide services to anyone who 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.” , regarding 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$200,000seeing its independence affected to make decisions in pursuit of the public interest and acting as a representative of banking entities in the government.
He article 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 intermediary or through a simulated act, will be interested in his own benefit or that of a third partyin 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.
Complete failure
Source: Ambito
