Federal Judge Maria Romilda Servini dictated this Tuesday the lack of merit for the former head of the Federal Administration of Public Revenues (AFIP) Alberto Abad and pointed out the need to deepen the investigation of the alleged financial pressures and harassment of the Cambiemos government on the Indalo Group and its shareholders, judicial sources reported.
The same decision was made by the magistrate in relation to to the former deputy director of Collection of the AFIP between 2016 and 2019, Sebastián Paladinowhom he had previously prosecuted through a ruling that was revoked by the Federal Chamber of Buenos Aires, which considered that this decision was premature.
In March, Servini dismissed this week the former head of the AFIP Leandro Cuccioli from the accusation of businessman K Fabián De Sousa of persecution and argued that, on the contrary, the actions of the former Macrista official regarding the companies of the Indalo Group “It did not constitute a crime.”
“I do not find a personal purpose of the accused or any other official of the administration… It was not transgressed with the dictation of the general resolutions, no rule, be it the National or Provincial Constitution and/or national or provincial laws in force, as required by the criminal offense of abuse of authority,” Servini said in a ruling. In the case for Oil’s debt of 8 billion pesos, the former head of the AFIP, Ricardo Echegaray, was sentenced.
This is how another complaint by De Sousa was hit in which he was the victim of a plot against him from the Macri government to allegedly suffocate his companies from the AFIP.
“Not all the behaviors exposed by the complainants as perpetrated by officials of the Federal Administration of Public Revenues reached the stage required by article 294 of the CPPN, among them and fundamentally, the criticism introduced around the directed modification of General Resolutions of the collection agency “, Said the judge in the ruling that Télam agreed to.
“For this reason, I understand that, at the moment, there are no other elements that allow me to affirm -despite the marked contradictions on the defenses of the accused- that the conduct perpetrated has been within the framework of the denounced harassment; even less that there was some kind of collusion between them enough to dictate the Provision that ended up being signed, it is necessary to deepen the investigation,” said the judge.
In the ruling, however, the magistrate recalled that on November 3, 2016, Abad “issued Provision No. 395/2016, by means of which he instructed the General Collection Subdirectorate of the agency he directed to establish the mechanisms that prevented the company OIL COMBUSTIBLES SA from benefiting from the Exceptional Regularization of Tax, Social Security and Customs Obligations regime”.
“Abad issued the aforementioned Provision, when -in principle- Oil Combustibles SA was not in any of the legally established causes to be excluded from the regime”, recalled the judge and also noted that the decision originated in a consultation made by Paladino to the Subdirectorate General for Legal Affairs.
The alleged acts of harassment “would have been against the assets of Grupo Indalo, as well as personal against its shareholders: Cristóbal Manuel López and Carlos Fabián de Sousa, and would have started in October 2015 (increasing from March 2016),” said the Judge.