Chamber I of the Buenos Aires Federal Chamber revoked the dismissal that Judge Daniel Rafecas had issued on Aníbal Fernández, Juan Manuel Abal Medina, Gabriel Mariotto, and a group of businessmen investigated for the contracting of the television rights of eight soccer tournaments by 33 million dollars.
The indictment of the prosecutor Gerardo Pollicita argued that they had paid markups of $ 19 million in the rights of matches and tournaments transmitted by the Government.
Based on the resolution signed by judges Mariano Llorens, Leopoldo Bruglia and Pablo Bertuzzi, the case will be investigated again with a specific request: that the confession of Alejandro Burzaco be sent to the federal court “so that it can be determined who paid and who collected the bribes “, judicial sources explained to Clarion.
The former governor of the province of Buenos Aires Daniel Scioli, the former chief of staff of the National Government Aníbal Fernández, the former president of Bolivia Evo Morales and the former president of the AFA Julio Grondona.
Prosecutor Gerardo Pollicita appealed the decision of Judge Daniel Rafecas who had ordered the dismissal of former Chief of Staff Aníbal Fernández, Pablo Paladino, former coordinator of the Football for All program and former Lieutenant Governor Gabriel Mariotto. The proposal included Juan Manuel Abal Medina and eleven other entrepreneurs involved.
What is investigated in the cause
During the investigation, officials and businessmen were accused of defrauding the State for the purchase of the transmission rights of 8 championships to Tournaments and Competitions with money from the Fútbol Para Todos plan for more than 33 million dollars.
This cause is the local “leg” of Fifagate, the prosecutor Gerardo Pollicita requested the investigation of the former heads of Cabinet Aníbal Fernández and Juan Manuel Abal Medina, of those responsible for the companies that handled the broadcasting rights of football events, for the that the State paid US $ 33,050,000 in two years to “TyC International BV” managed by Burzaco.
The file began after a complaint from the Office of the Prosecutor against economic crime and money laundering (PROCELAC), which was added to the presentation made by Deputy Graciela Ocaña.
They argued in the complaint that the former officials and businessmen, “would have obtained the exclusive economic rights of various football events in which the Argentine Soccer Team had participated from 1991 to 2015 by paying bribes to the Federation authorities. Associated Soccer International (FIFA) and the South American Soccer Confederation (CONMEBOL) “.
Such crimes, the complaint states, “were being investigated by the courts of the United States of America, it would have allowed their companies -” Full Play International SA “and” Torneos y Competencias SA “- to sell such television, marketing and marketing rights. illegal advertising to the nation statel obtaining exorbitant profits to the detriment of the public patrimony. “
The main cause for the deviations of part of the 7,200 million pesos that the government of Cristina Kirchner gave to the AFA within the framework of the Football For All (FPT) plan is held by federal judge María Servini de Cubría who has already processed and sent to an oral trial, Aníbal Fernández and the former chief of staff and current mayor of Resistencia, Jorge Capitanich. The third former chief of staff Juan Manuel Abal Medina lacked merit.
Judge Rafecas was the one who issued the dismissal of all those involved: Aníbal Domingo Fernández, Juan Manuel Abal Medina, Juan Gabriel Mariotto, Pablo Paladino, Ana Liliana Malecki, Silvina Mabel Arancibia, Juan Miguel Ripoll, Leonardo Ellenberg, Alberto Mario Pomato, Marcelo Eduardo Bombau, Bruce Barret Churchill, Daniel Alejandro Nofal, Alejandro Burzaco, Jacopo Bracco, Michael Alan Hartman, Eduardo Manuel De Abelleyra, William Langden Wedum, Carlos José García, Frederick Arnold Vierra, Ronald Michel Kolders.
After the appeal of the Prosecutor Pollicita, the Buenos Aires Federal Chamber analyzed the situation and revoked the dismissal ordering that the case continue to be investigated.
The resolution to which Clarín agreed maintains: “The activity aimed at elucidating what happened it has not been enough, and that despite the existence of specific instructional courses such as those proposed by the public prosecutor, the statement under examination was reached anchored in a biased interpretation of their records. ”
In that sense, they understood that Judge Rafecas “left aside several issues that are part of this investigation, limiting itself in its analysis to the weighting of the alleged impossibility of the experts to assign a market value to the television rights investigated, building behind that the structure of its definitive solution “.
The questioned numbers
According to the investigation of the prosecution, Overpricing was detected in the management of Aníbal Fernández in the contracting of the rights of some football matches. In total they add up to US $ 1,230,000. One was for the contract that Fernández signed on September 14, 2011 for the rights of the “Superclásico de las Américas 2011” to “TyC International” that depended on Burzaco. Telefé had acquired those rights for US $ 270,000, but the government paid them US $ 1,200,000. The difference is $ 930,000.
With the friendly of the National Team, Fernández “did not respect the method of contracting by auction” that would have “reduced the price”: he acquired the rights despite the fact that another channel, América TV, already had them and guaranteed free transmission throughout the country. For that party, America paid US $ 300,000 and the State, US $ 600,000, double.
With the 2015 Copa América in Chile, Abal Medina signed an agreement for television rights that was not very favorable. The State paid US $ 8 million, while Direc TV disbursed US $ 3 million and TeleRed US $ 2 million, according to the prosecutor’s opinion.
Abal Medina also signed the agreement for the 2014 World Cup that was played in Brazil. For the broadcast, even if the National Team did not qualify, it disbursed US $ 18 million. For the 2010 World Cup in South Africa, US $ 6,100,000 had been paid.
Another of the agreements was that of television rights to broadcast the South American Under 20 and the Under 20 World Cup in 2013. US $ 1 million was paid but the youth team did not even qualify for the World Cup.