Argentina’s Cámara Federal de Casación Penal ruled inadmissible appeals by Máximo Kirchner, Florencia Kirchner and Sebastián Sánchez seeking to suspend asset-forfeiture proceedings in the Vialidad case. The ruling allows enforcement steps to continue, but the auction of 111 properties still depends on a decision by the Supreme Court.
The judges of Sala IV, Gustavo Hornos, Mariano Borinsky and Diego Barroetaveña, said the challenged ruling by Tribunal Oral Federal 2 was not a final judgment and did not prevent the proceedings from continuing. They also said the appellants had not shown current harm that could not be repaired later.
Máximo and Florencia Kirchner had asked to stop the asset-enforcement process and to impose precautionary measures until the Supreme Court ruled on a complaint related to forfeiture. Sebastián Sánchez, a senior director of Hotesur and Los Sauces S.A., challenged the postponement of the companies’ participation in proceedings over their property. Tribunal Oral Federal 2 rejected the objections on Sept. 14. The forfeiture process had been ordered on Aug. 26.
In the Vialidad case, former president Cristina Kirchner is serving a six-year prison sentence. The forfeiture amount is estimated at about $645 million. Its 99 billion. The Supreme Court must decide which assets will be used to cover the amount.
Tribunal Oral Federal 2 cannot auction the 111 properties proposed by prosecutors Diego Luciani and Sergio Mola until the Supreme Court rules on the defense complaints. A property valuation and a Supreme Court decision on which assets it may retain for public use are also pending.
Prosecutors have separately sought forfeiture of another 141 properties, 46 cars, $5.656 million and 53,280.24 pesos. The assets, including cash seized from Florencia Kirchner’s bank deposit box, are part of a second forfeiture request.