Cristina Kirchner's asset seizure in the Vialidad case was not halted following her request, and she has announced plans to bring the matter before Cassation.
Former President Cristina Fernández de Kirchner Faces Asset Seizure in Vialidad Case
In a significant turn of events, the Federal Oral Tribunal No. 2 has rejected Cristina Fernández de Kirchner's nullity claims and her request to halt the seizure of her assets in the Vialidad case.
The court's ruling, announced on August 12, confirms that the former president must face the forfeiture of all her assets up to the amount determined in her corruption conviction. The seizure amount, which was initially $84,835,227,378.04, has been updated by the Supreme Court's Accounting Experts Body to a staggering $684,990,350,139.86.
The defense, represented by Carlos Beraldi and Ariel Llernovoy, filed an appeal on August 12 against the July 15 resolution that ordered the update of the seizure amount. They based their appeal on three grounds: the tribunal made a provisional estimate of the seizure definitive, lack of justification for the choice of the update method, and deviation from the criterion used in other cases.
However, the court found the defense's argument about the conversion of a provisional estimate into a definitive one to be misrepresented. The court justified the decision to adopt the methodology proposed by the official experts and the Public Prosecutor's Office. The specific methodology chosen and explained by the official expert was not questioned or challenged by any party.
The tribunal judges ruled that Cristina Fernández de Kirchner's complaints lacked legal basis and that no special exception will be made for her to avoid the seizure execution process. The court's ruling does not have suspensive effect, meaning the seizure execution process will continue.
The Oral Criminal Federal Court No. 2 has also rejected the nullities raised by Cristina Fernández de Kirchner. The court explained that the precedents cited by the defense corresponded to different procedural and material situations.
The court's ruling allows Cristina Fernández de Kirchner's defense to maintain its appeal before the Federal Criminal Cassation Chamber. The defense had requested the suspension of all executive patrimonial activities related to the seizure.
The case remains under public and judicial scrutiny, with a direct impact on the former president's and other convicted individuals' assets. The ruling directly affects Cristina Fernández de Kirchner and other convicted in the "Vialidad" case.
[1] Source: La Nación, August 13, 2021.
