2023-05-08 09:39:00
through his hands pass sidereal sums of money. Also the affairs delicate that are of interest to the executive branch. He works under his orders an army of lawyersso it can be said that it leads the largest study in the province with cost look for a candle. Has eyes and ears in the three powers of the State. He has been uninterrupted for 24 years -historical record- in one of the strategic armchairs for doing politics in the broadest sense. However, it is almost a stranger for the vast majority of the citizens of Neuquén, who they do not know how much you earn, if you pay income tax or if you file an Affidavit of Assets.
Raúl Miguel Gaitán, 59, is the state prosecutor for the province of Neuquén. It’s easy to run into your name when talking about topics as dissimilar as tax debts, lawsuits for improperly settled royalties, negotiations with native communities or appointments in the Judiciary. But it’s hard to find him for an interview.
Black river called him several times on Thursday for this note. It was explained to him, through an official government channel, that the objective was to make the activity of the State Prosecutor’s Office transparent.
It was like standing in front of opaque glass. Gaitán made it known that he would only answer a written questionnaire. It was sent to him that same day, with the clarification that there would be cross-questions if necessary and the note would be published on sunday. Within 24 hours, through the same official channel, he requested a deadline until Monday or Tuesday. The questions are easy for someone with your experience, the answers you should know by heart. When you send the answer, and it can be cross-examined, it will be published. Wasn’t an interview easier and that’s it, like the day you broke into the dialogue of this newspaper with former minister Abel Di Luca?
Gravel road with gates
As the road to the main source is gravel and with gates, this newspaper spoke with a large number of lawyers from different political lines -some who hold or held public office-; he resorted to official documents and qualified opinions. There were many who They did not answer the call when they found out the reason for the consultation.
It is difficult to obtain information about this “Extra-power and independent control body of the Provincial Public Administration” (decree 362/12) that doesn’t even have a website.
Background and designation
Gaitán was appointed state prosecutor on December 13, 1999 by Jorge Sobisch, just assumed his second government. The position was vacant and appointed him “in commission” until the Legislature agreed to it (the Constitution of that time allowed it).
The relationship between Sobisch and Gaitán went back a long time: he had been General Counsel in the last stretch of his first Governorship, since October 1994 to December 1995. His journey through the public administration includes functions as adviser in the Undersecretariat for Minors and the Family from ’89 to ’91 and in the Ministry of Government; He was general director of the Ministry of Finance and Finance, and also worked in the Appraisal Court of the province.
The memorialists also remember a passage through the Deliberative Council during the presidency of Zulma Reina (1995/1999).
To hold the position of state prosecutor, it is required the same requirements as to be a member of the Superior Court of Justice regarding minimum age and seniority in the exercise of the profession, but the Constitution exempts him from the endorsement of an aggravated majority in the Legislature. Gaitán’s statement was discussed on December 29, 1999 in a session chaired by Jorge Sapag and received 21 votes in favor (from the MPN and the PJ) and 13 against (from the Alianzawho at that time governed at the national level).
The number two
Two years later he would enter the State Prosecutor’s Office by decree the lawyer Alejo Bolanwho over time added his mother’s surname: Reina, the former president of the Deliberative. She just been elected provincial deputy for the list of rolando figueroa; he went from having a contract location of services in 2001 to be appointed by decree, in 2020, general coordinator of the organization.
«Raúl and Alejo are one. To talk to one is to talk to both”is heard say.
Perhaps it is worth remembering that Zulma Reina was a minister in a Jorge Sapag government, and in 2010 her undersecretary was Mariano Gaido. Neuquén was always characterized by that air of family warmth.
judgments only
«The most serious thing about the State Prosecutor’s Office, from an institutional point of view, is that He resigned the control of legality of the province and is dedicated only to make judgments »says a lawyer before a consultation for this note.
He unknowingly repeats one of the axes of the legislative debate in the session of December 29, 1999. The then Alianza deputy Jorge Taylor said that day: “our Constitution assigned the State Attorney a triple function: to represent the State in trials; demand the annulment of all laws, decrees, contracts and resolutions contrary to the Constitution or that, in any way, harm the fiscal interests of the Province; and intervene in the processes that are formed before the Court of Accounts. It is evident that the state prosecutor has only fulfilled the first of the functions which I think, from an institutional point of view, is not the most important». The problems are circular in the province.
wide competition
And in which trials does the State Attorney’s Office intervene? Your competition is vast..
According to Law 1575 of 1984, “the State Attorney, as in charge of defending the assets of the Treasury in accordance with article 136 of the Provincial Constitution, will be a legitimate and necessary party in all lawsuits, whatever their jurisdiction or jurisdiction in which the interests of the Province, Municipalities, Autonomous Organizations, Decentralized Entities, State Companies, State Companies and Mixed Companies are directly or indirectly affected and/or are disputed. Its mandatory procedural intervention will be promoted ex officio or at the request of a party.
Fees, how much is the amount?
And how much do you receive for fees? It is one of the best kept secrets.
Through various consultations, Black river could barely scratch the surface of that multi-million dollar box.
The state prosecutor’s office is guaranteed an annual income that comes from trials for the collection of provincial taxes from delinquent debtors, the so-called tax constraints.
The fees charged by the loser accrue to any judicial representation dependent on the State Prosecutor’s Office, for judgments consecrating the right invoked by the Treasury, will belong to the State Prosecutor. The Executive Power or any other public authority is hereby excepted, in which there may be no ordering of costs.”
Article 18, Decree Law 1290/62.
A lawyer with a trade in litigating in various jurisdictions made an estimate at the request of this newspaper. He explained that regardless of the amount to start the claim (which in the vast majority do not exceed 50,000 pesos), there is a fee Minimum for the lawyer who is from 7 justhe unit of tariff measurement that represents 1% of the salary of a judge of first instance.
As of January 2023, the jus value was 9,804.68 pesos, but you have to update it with the salary increases of March and April. That is to say that 7 jus were equivalent to 68.632,76 pesos.
Drawer projects
Parentheses: existed two projects to modify this perception of fees regulated by law 1594, which It will be seen how much it amounts to due to the volume of causes that manages the organism of Gaitán. One was presented in 2009 by deputies Soledad Martínez and Paula Sánchez, favoring crediting them to the Health budget.
The other, by Lorena Parrilli presented in June 2022, establishes that lawyers will receive “a maximum of three ius, which may not exceed 35% of the capital amount, applying the lowest.” Both were blocked by the Neuquino Popular Movement, said the legislators Martínez and Parrilli; The first one has already expired.
The fee floor, today
Retaking. at 7 jus 40% is added if, in addition to proxy, the professional is a sponsor (The sources consulted said that the attorney varies, but the sponsor would always be Gaitán). Therefore, for each judgment, whatever the amounttoday it is regulated a minimum of 102,000 pesos of fees (we are talking about the amount charged by the professional; the principal and interest on the debt that originated the trial they are received by the relevant bodyfor example, Rents).
In practice, Income (to continue with the example) does not grant free debt until the payment of fees is settled. “It is not established but it is practical: the first payments are charged to professional fees”said a lawyer.
If the taxpayer owes 12 installments of a tax, 12 different lawsuits are initiatedand they charge you fees for each.
The taxpayer pays the 102,000 pesos in two stages: the first until the judgment of trance and auction, after the notification and seizure occurs, and a second stage from the sentence to the effective collection after making a return to get the money repossessed
calculator in hand
Time to reckon. The state prosecutor’s office intervenes in about 10,000 constraints per year (The figure has varied from a floor of 8,000 to a ceiling of 15,000. An investigation by this newspaper that covered until 2018 corroborates the statistics).
At a rate of 102,000 pesos of fees per trial, It is a potential source of fees that, according to today’s calculations, exceeds one billion pesos per year..
How much is chargeable? There is talk of 60% or 70%. But it’s worth keeping in mind that the State Attorney’s Office is not just any law firm: does not pay rent, employees, supplies or services. All of this is dealt with by the Central Administration. The fees you receive they are clean of expenses.
Poorly settled royalties
This is what in the jargon is known as The kiosk from the state prosecutor’s office. Because through other windows infinitely higher amounts enter. For example, lawsuits for improperly paid royaltieswho are the real cream of the business.
Those who know the relationship between the province and the oil companies point out that between 2018 and 2021 there were at least 8 almost twin files labeled “Province of Neuquen c/ YPF SA s/ Apremio”.
The estimate is that they generated no less than 130 million pesos of fees for the state prosecutor’s office to litigate in the first instance, Chamber and Superior Court of Justice. The bill was paid by the oil company, because when he loses the province, Gaitán does not charge.
staff plant
The personnel plant is another secret. It was one of the questions that was sent to Gaitán. There are estimates that 120 lawyers workbut it is appropriate to report how many are permanent staff, how many are political staff, how many are hired by the modality of leasing services, what salary they receive and if they charge a percentage of the fees.
What can be traced is that the State Attorney’s Office does not discriminate: has hired -continues to do- professionals of the most diverse ideologies.
It is also documented that Several judicial officials left that body: judges and prosecutors above all. It happened at the time when Luis Manganaro was the strong man of the Sobisch government.
Similarly, there are now many well-known surnames in strategic positions: some are relatives of those who previously held political office or in the judiciary and are retired or about to. They are also detected passes from the state attorney’s office to the Legislature. It’s part of that air of family warmth.
What was said; Raúl Gaitán and Alejo Bolan Reina they have eyes and ears in every corner of the state.
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