The accused is being investigated for cell phone smuggling and clandestine gambling on the internet and other platforms.
The Federal Court of Appeals of Mar del Plata confirmed the early seizure of crypto assets from a man accused of leading a gang dedicated to cell phone smuggling, organizing and carrying out clandestine online gambling, among other crimes. The ruling was issued on December 20, but was revealed this Friday.
The case began in September 2023 following an anonymous complaint. As the investigation progressed, which included a series of raids in June of this year, it was determined that a man was accused of leading a criminal organization, for which he was prosecuted with preventive detention.
Shortly after beginning the investigation, the investigating judge, Santiago Inchausti, ordered the dconfiscation of the funds that the accused had in an account on the Binance platform, an exchange app dedicated to cryptocurrency operations. The funds remained in the hands of the Financial Information Unit (UIF), the plaintiff in the case.
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The arguments in favor of confiscation
The Mar del Plata Court of Appeals supported the rapid seizure due to the volatility of cryptocurrencieseasily transferable to other accounts inside and outside the country.
“The danger in delay, cshaped by the fear that, if the precautionary measure is not adopted, the assets disappear or are transferred to third parties in good faith, which would make a future confiscation sentence inoperative,” the magistrates argued.
The defendant’s defense had appealed the confiscation arguing three points. The first one who had not been notified of it. According to the Prosecutor’s Office, this did not happen because he was a fugitive from justice. The second argument to reject this measure was that the prosecution had been appealed. The third party that violated the right to property.
lto the Mar del Plata Court of Appeals supported the decision of the investigating judge. “We are of the idea that the referral of these funds to the Financial Information Unit is presented as the most suitable way “which the judge has chosen to perfect compliance with the anticipated confiscation that has become final,” the chambermaids maintained in the ruling.
“In this aspect – added the attorney general – the type of assets whose confiscation was ordered takes on special importance, since, as they are digital assets, with a highly volatile condition, their prompt liquidation becomes appropriate and necessary within the framework of processes like the present.”
Source: Ambito
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