In June 2019, Judge Julián Ercolini prosecuted Cristóbal López, Fabián De Sousa and the former partner of Máximo Kirchner, Osvaldo Sanfelice for money laundering. It is in the case of Agosto SA, a firm whose only client was companies of the Indalo Group and billed 39 million pesos. Room I of the Buenos Aires Federal Chamber confirmed the accusations and left the defendants near the oral trial.
Justice suspects that part of the 8,000 million pesos that Cristóbal López did not pay to the Treasury – corresponding to the withholding of the Fuel Transfer Tax (ITC) that Oil Combustibles made to its clients – was they were derived to Agosto SA, Sanfelice’s company, which is friend, employee and partner of the owner of Indalo. The business was not random: for the chambermaids Leopoldo Bruglia and Mariano Llorens, the defendants “were united by a special relationship of trust (…) said procedure was aimed at putting into circulation in the market goods originating from a criminal offense, through the payments made in favor of Agosto SA and the investments made by this firm, with the possible consequence that those acquired the appearance of a legal origin ”.
The owners of the Indalo Group are in prison accused of defrauding the State by not pay the AFIP 8,000 million pesos ($ 17,042,509,692 what the macrista management claimed) corresponding to the Fuel Tax. The money laundering operations investigated in this file, confirmed the judges, are linked to the fraud maneuver that is in oral proceedings. “The object of the alleged money laundering crime that is being investigated here would be precisely the funds that Oil Combustibles SA had as a result of the fraud maneuver” and they pointed out that the control of the company “was held by Cristóbal López and Fabián De Sousa”.
In this specific case, the intervention of three companies of the Indalo group -Oil M&S SA, CPC SA and Alcalis de la Patagonia SAIC-, and of the firm Agosto SA (of Osvaldo Sanfelice) are involved; through which “it would have been put into circulation a portion of the money illegitimately obtained by defrauding the AFIP occurred during the period from May 2013 to August 2015 “.
Justice maintains that there was a “clear asset laundering maneuver ”, which began with the “illicit profits obtained by the Indalo Group”. Later, “a mechanism was developed to recycle a portion of those illicit profits”: the money first circulated in the Indalo group as “loans” and then it was contracted to Agosto SA.
From the reports made by the AFIP it appears: that in 2013, Oil Combustibles SA transferred $ 27,526,587 to the company CPC SA and $ 388,530,009 to Oil M&S SA; that in 2014 these amounts amounted to $ 58,089,486 and $ 182,295,451 respectively; in 2015 they were $ 49,997,029 and $ 192,006,360; and, finally, in 2016, Oil M&S SA received $ 34,057,561 from it. There are also many operations with the bankrupt company OPS of Kirchner businessman Mario Cifuentes.
The only clients of Agosto SA (dedicated to the rental of machinery) were the three Indalo firms since August 2013. The electronic invoicing of the firm between October 2013 and August 2016 reached 38,695,072 pesos.
This cause was related to other cases of money laundering involving the owners of Indalo, Lázaro Báez and the Kirchner family: “The dynamics observed around the August SA firm is not new”, since in other investigations ” The anomalies that put the appearance of the commercial operations presented in crisis were highlighted, among which the financing provided by a business group for the purchase of hotels, which were later rented by companies of the same economic conglomerate, stood out. ”
Likewise, the judges concluded, “such as the formation of companies by senior officials -directly or through trusted persons- for real estate rental activities, mainly to people who turned out to be contractors of the State, in cases in which it was not noticed the real need to contract that service “.