Tuesday, February 8, 2011

Argentina .- The Supreme Court requires the National Díaz Ferrán investigating the 'case Aerolineas Argentinas'

MADRID, 7 Feb. The Supreme Court has concluded that the National Court has jurisdiction to investigate Gerardo Díaz Ferrán and his partner Gonzalo Pascual for alleged fraud and misappropriation of 108 million euros from the State Industrial Holdings Company ( SEPI) to pay the debts of Aerolineas Argentinas, according to the order made on 20 January.

The Criminal Chamber of the Supreme Court thus considers competition issue raised by the Magistrate's Court number 35 of Madrid and research grants to the holder of the Central Criminal Court of the Audiencia Nacional Eloy Velasco, who refused to take the case. The Supreme Court concluded that the National is responsible for investigating crimes such tax in respect of fraud, according to the Organic Law of Judicial Power.

It considers that the amount defrauded by Pascual Díaz Ferrán and "may have a serious impact on the national economy, security of the trade" and also "affects the generality of people in the territory of more than one audience "what is" fair competition "to recognize the jurisdiction of the Court.

Finally, the Supreme says that "no doubt about the complexity of the case" not only by the involvement of various individuals and various companies but also by the existence of two bankruptcy proceedings that are processed both in Argentina and Spain . In December 2009, the judge of the Audiencia Nacional Eloy Velasco refused his power to enter into the lawsuit filed against the former owners of Air Comet court by auditors who handle bankruptcy declared in Aerolineas Argentinas.

According to judicial sources consulted by World Daily Buzz, the research phase is closed, so the judge of the High Court would have to endorse the result and order the opening of trial against the accused. OPEN RESEARCH SINCE 2003. In 2003, Corruption began to investigate the actions of Air Comet, owned by Marsans tourism in the bankruptcy declared by Aerolineas Argentinas, after the purchase process, closed in October 2001 the consortium Air Comet, SEPI, Spanair and Air Plus society.

Air Comet would have then appear to favor a debt already paid by SEPI in the framework of its inputs to reduce company debt and raising, according to the court complaint filed by auditors. Thus, managers are charged with Air Comet allegedly using the 209.5 million euros from the SEPI to repay liabilities in the competition and failing to pay 99 million euros Finance by Air Comet and 7.5 million by the Playa Romana.

With this transaction, Air Comet and society Royal Romana Playa - allegedly linked to Antonio Mata, also accused - would have acquired 90% of claims submitted to the bankruptcy of Aerolineas Argentinas December 2002, in order to control the majority of the voting rights in this contest.

The bankruptcy process ended at a discount of 60% of the debt "to the detriment of other creditors and minority shareholders."

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