Jorge Capitanichnational senator elected for the province of Chaco, asked this Monday to be acquitted in the trial of the case “Football for All”in which he shares the dock with Anibal Fernandezwho succeeded him as Chief of Staff during the last presidency of Cristina Fernández de Kirchner.
Capitanich was accused by fiscal General Miguel Ángel Osorio for the crime of failure to comply with the duties of a public official. In addition, he faces a request for a sentence of eight months in prison and disqualification from holding office for double the sentence that the Federal Oral Court No. 1 eventually dictates.
In his defense statement, presented at the hearing by the lawyer Luis Virgilio Sánchezthe former governor of Chaco raised the nullity of the tax plea for “incongruent”, by pointing out contradictions between the request for submission to trial and the accusation that was finally formulated in the debate.
“If the prosecutor does not question the fund distribution criteria of the Football for All program carried out by the AFA to the clubs from 2009 to 2015, so my client cannot understand what he is being accused of,” said the defender.
And he continued: “It is difficult for us to distinguish Who would be the victim of this crime?which according to the prosecutor’s thesis would be the clubs. All the witnesses representing the clubs not only stated that the program did not harm them, but on the contrary, it benefited them.”
On the other hand, Capitanich’s defense questioned the Buenos Aires legislator Graciela Ocañaauthor of the complaint with which the case began. It was pointed out in the argument as “victim” of the alleged “political persecution” that the accused warned.
“This case began with a reckless complaint by Mrs. Ocaña with the aim of taking center stage as an opponent of the Governmentwhich paid off, since the complainant has built her entire political career making complaints,” reproached defender Luis Virgilio Sánchez.
At the end of Capitanich’s argument, TOF No. 1 – made up of the judges Ricardo Basilico, Jose Michilini and Adrian Grünberg-, called for a fourth intermission until November 3, when he will present the defense of Aníbal Fernández.
The former Minister of Security is accused of fraudulent administration to the detriment of the State, in real competition with breach of the duties of a public official. For him, the Prosecutor’s Office requested three years in prison and perpetual disqualification to hold public office
The rest of the accused had previously done the same: Luis Seguraformer president of AFA – facing a request for two years in prison -; Carlos Alberto Pandolfiformer treasurer of Futbolistas Argentinos Gremiados (FAA) -one year-; Norberto Monteleoneformer general manager of that union -one year-; and Natale Antonio Riganoformer president of the Iveco firm -two years-.
As proven by the accusation, based on the contracts entered into regarding the Fútbol para Todos program, there was a damage to the State of more than 131,608,000 pesos, between 2010 and 2015.
The investigation was carried out by prosecutor Eduardo Taiano, who also maintained that the clubs their liabilities “substantially” increasedand it was not observed that they had canceled the debts they had with the Federal Public Revenue Administration (AFIP).
Precisely, the two purposes of the program were guarantee free and open access for the parties and economically strengthen the institutions.
Additionally, the prosecution stated a non-compliance by the AFA with respect to its audit obligations -which was part of the contract- on the clubs. This supervision was crucial to supervise statutory compliance which dictated, among other things, that sports entities must maintain specific accounting for professional football and allocate funds to works of sporting or cultural utility.
Maneuvers of diversion of funds into financial caves. Prosecutor Taiano pointed out andn your request for elevation to trial that checks were cashed through the AFA and other entities, and although “the operation of discounting deferred payment checks is legal, the truth is that there has been a diversion towards the coffers” of the aforementioned companies, which “meant damage to public assets and, on the other hand, a scenario of strengthening the finances” of private companies.
The prosecution detailed that AFA payments to clubs did not arrive in full to the sports entities, since the defendants applied a “discount”, and that difference between the amount issued and the amount received was intended for credit entities.
The investigations also focused on six sponsorship contracts or naming which were signed between the AFA, the Chief of Staff of Ministers and the Iveco company since February 2010, allegedly benefited illegally. Over the duration of these agreements, the AFA received approximately 86 million pesos for the rights granted to the automotive company, which would have paid its advertisements 75% less than what was paid on average.
The General Auditor’s Office of the Nation warned ridiculous pricesa option of receive trucks as a form of payment which had no justification, and the omission of mechanisms typical of public procurement.
These agreements would have been finalized without being subject to legal regulations or any biddingaccepting payments in kind without proving a prior need or without the items billed coinciding with the program’s rate tables.
