Correo Argentino: They request confirmation of the declaration of bankruptcy
The prosecutor Gabriela Boquín denounced that the Correo Argentino, of the Macri family, had committed fraud during the 20 years that the race for the creditors lasted and which allowed him to dodge until today the payment of his millionaire debt. For this reason and others, she asked the Chamber of Commerce to confirm the declaration of bankruptcy ordered in July last year, against which the company appealed and which it seeks, according to the prosecution, to avoid trying to forum purchases to get like-minded judges. The opinion to which he subscribed page 12, lists 16 lies repeated by the Post. He accuses him of having created “a story” based on “inaccuracies and deceptions” that he “disseminates to public opinion” and “contaminates the file, affecting the search for the real truth and putting himself in a situation to be a victim, not to be such.” The one who took charge of this dissemination last year, through tweets and a letter, was Mauricio Macri, who at the same time sought to put pressure on justice Boquín details in his presentation the firm’s dumping operations, the use of false guarantees to obtain the approval of his offer and the irregular agreement with the Meinl bank, accused of money laundering.
“The right of defense has a limit, which is good faith. There is no good faith when the records of the case are distorted, which happened throughout the process, and political actors who have nothing to do with a process are included. commercial insolvency specifically,” the notice states. On paper, Swiss Post has SOCMA, the main company of Grupo Macri, as its controlling company. The former president does not appear because he got rid of his actions, but his impact is obvious. He had given them to his children (Agustina, Gimena and Francisco) then these to Gianfranco Macri, who has 40%; 20% belong to Mariano Macri, 20% to Florencia Macri and the remaining 20% to the children of Sandra Macri, deceased. At the last general meeting of shareholders, Mariano, the youngest of the brothers, questioned the sale of part of the assets of the firm, for millions of dollars, which was hidden from him. These patrimonial detachments could generate an argument to avoid answering debts. The Treasury Prosecutor, representing the State as a creditor, has already requested the extension of the bankruptcy, which would fall to SOCMA.
The last offer the Post Office made to its creditors was for 1,000 million pesos in a single payment. According to the calculations of the prosecution, this is about one sixth of the actual debt. The previous scandal took place in 2016, also with Macri taking center stage as president: the company reached a formula with state officials that liquefied, according to Boquín, 98.87% of the debt . The prosecutor terminated this pact. In its new opinion, it recalls that the Department of Mutual Legal Assistance in Matters of Complex Crime and Organized Crime (DAJuDeCO) agreed with it in two expert reports, which established that at least 92% of the amount due had evaporated.
Boquin presented his opinion in December but surprisingly it does not appear in the system. Chamber B of the Chamber of Commerce could already decide whether or not to ratify the bankruptcy of La Poste, ordered by judge Marta Cirulli. This tribunal has a new member since last year, Guadalupe Vásquez, whom the Macri have already tried to remove, so far without success. The historical conformation, by María Lilia Gómez Alonso de Díaz Cordero and Matilde Ballerini, has been particularly functional over time (the file has been kept for 11 years). The first was due to retire but she presented an injunction to stay after 75 years: she prevailed in the first instance, the Chamber revoked her and now she filed an appeal before the Supreme Court, which could generate an additional obstacle.
According to Boquín, the Post office filled the bankruptcy procedure with fraudulent situations. One was to show a majority of trout to show he had approval for his payment offer. For an agreement to be homologated, the debtor company must justify the “conformities” of the majority of creditors. In total, there are 708. Last time before filing for bankruptcy, the Post Office said it had 34, plus another 375 from previous years and that the National State should be excluded from the calculations because it was ” hostile”. The latter was rejected by the prosecution, and also by the judge to dictate the bankruptcy.
For Boquín, the conformism he has shown is not valid. To begin with, they predate the “rescue” procedure and the last offer. One group dates from 2007. The problem is not only the date: of the 375, 361 had been granted by lawyers/agents linked to three law firms, all linked to the Post Office and, at least two of them them, with members in the directory. “They cannot be considered genuine or legitimate because they show manipulation” of the company to obtain a majority. To this is added that, for example, one of the men who appears granting 23 consents, Miguel Martín Cormack, found his name in journalistic notes and denounced that he had not participated in anything and that the signature n was not his. Its guarantees, for worse, appeared ratified in 2021. The prosecution also detected two ratifications from creditors who had not previously provided support, six repeated, 15 on behalf of the original creditors whose credit had been assigned. They look like details but they are not.
The post also clung to its largest private creditor: the Meinl bank holds 38% of the liabilities. But it was investigated for money laundering and was declared bankrupt in March 2020. Its compliance of thirteen years earlier is no longer valid.
Without activity or income, the Post Office carried out a series of surprising operations which have as common denominator their own “emptying” “to the detriment of creditors and for the benefit of their controllers” (within the Macri group) and “related”. companies.” These are frauds which, according to Boquin, admit of no other outcome than bankruptcy.
*El Correo bought in 2007 from SOCMA, its controlling company, shares in the Uruguayan company Neficor (linked to the automotive industry) for 2.1 million dollars, without judicial authorization.
*He made a contribution to Dynamic Communication, of which he is a shareholder, for 521,000 pesos in 2004. He did not ask for authorization. The unions said nothing.
*In 2012, Correo entered into an agreement with Sideco, another company of the group which was its partner until 2016, for assistance, consulting and localization services for goods and services, for which it paid 18,000 $ per month (between July 2012 and April 2012). 2014). He didn’t ask permission. It generated a “post-bankruptcy” debt of 60 million pesos.
*Until 2012, the company paid 8 million pesos in advances to the directors, despite the fact that it was not entitled to any remuneration because the exercises had generated losses. He violated, says the prosecution, company law.
*La Poste paid fees for legal advice to law firms composed of members of its own board of directors and to consultants or advertising companies. The payments were estimated at nearly 27 million pesos.
*A report by the co-administrator detected that there were debts, in September 2019, for loans with Sideco and SOCMA: the first for 3 million pesos and the second for almost 22 million. Sideco, however, had not been a partner since 2016. Along with it came another larger debt: 58 million pesos.
*The Meinl Bank (now Anglo Austrian Bank AF) bought the loans from the Inter-American Development Bank (IDB) in 2005, which were for 62,726,607.44 dollars and those from the International Finance Corporation (IFC) in 2006 , for 57,956. $527.72. They made a surprisingly awkward deal for the entity. The debt was recorded in pesos at the 2013 exchange rate (6.5 pesos for one dollar). Boquin reveals that the Post Office made a parallel agreement with the competition with the entity, which was concealed. It was a question of benefiting the creditors who gave their consent to avoid bankruptcy. El Meinl has been accused of money laundering and is subject to insolvency proceedings.
Boquin’s opinion states that the Post is lying, in a long list of lies, which includes these observations:
* He said he offered 100% payment of the debt, with a passive interest rate. Former President Macri publicly displayed it. That, Boquin points out, is not the total debt. It has nothing to do with the passage of time or with periods of inflation. For this to be the case, the active rate should be applied and consider not only “penalty” interest but also “default” interest. The date of cancellation is also not specified. “Neither the payment is complete nor would it be without delay,” he says.
*La Poste says it has no labor creditors, but the prosecution denies this. He further states that none of his creditors objected to his last offer. But even the challenge period was not actually opened.
*”It is false – he adds – that there is no prejudice for the creditors (…) It is false that the time elapsed, the duration of the procedure and the abuse of it do not are not attributable” to La Poste.
*It is false, he also says, that the judge who ordered and the prosecution of the chamber are incompetent. What the Post has requested, also through SOCMA, is to take the case to the Superior Court of Justice in Buenos Aires, where there are judges linked to Macri. This discussion is now in the Supreme Court of the Nation.
“What is true – summarizes the opinion – is that there was fraud in the administration of the insolvent company, the execution of acts requiring judicial authorization behind the back of the court, debt fraud of the debtor with its controllers, outflows of assets without real justification, payment of fees to administrators in violation of the law, false agreements with Bank Meinl, fraud in obtaining compliance”. The persons concerned, adds- he, are the creditors, including the State, AFIP and Banco Nación and warns against “laundering and money transfer maneuvers, which must be investigated in the first instance and before the corresponding criminal jurisdictions.