They sued a former macrismo finance secretary for incompatible negotiations in the “Megacanje II”

Federal judge Sebastián Casanello today continued the former finance secretary of macrismo Santiago Bausili, in a case where it is investigated whether the negotiation, coordination and payments to recalcitrant during the macrismo, in a file known as “Megacanje II”. Former officials are still under investigation in the case Luis Caputo and Mario Quintana.

Bausili was prosecuted for the crime of incompatible negotiations with the civil service, placing a public debt with Deutsche Bank, of which he had been a director. The judge declared him, at this point, responsible for the crime of “Negotiations incompatible with the exercise of the public service”And dictated a Seizure of his assets for 10 million pesos.

In the decision you accepted Infobae, Casanello assured that “It was possible to prove that the defendant was ‘interested’, while he first served as the undersecretary of finance and then of secretary of finance, in the cases which had Deutsche Bank as a bidder with the intention to benefit him and to benefit him “.

“It is irrelevant whether the ‘benefit’ has actually been produced – which is in this case proven – or a pecuniary damage for the State, because it is not an objective requirement of a penal type analyzed. The profession and experience of Santiago Bausili in the field in which he worked exclude the alleged negligence and the evidence confirms his desire to achieve each of the typical elements that make up the figure of article 265 of the Penal Code. He was aware of his personal incompatibilities to intervene in matters related to Deutsche Bank, because of his past and because he was a shareholder of the legal personSaid the judge in his resolution.

The case examines whether Bausili, who had worked for Deutsche Bank before entering the civil service, received a bonus from Deutsche Bank in 2016 and 2017 while he was a civil servant. It was a deferred incentive from the international bank in which he worked until a month before joining the government, and which amounts to 100,000 euros, in installments, explained the sources of this portfolio. Bausili later guaranteed Deutsche Bank to place public debt for what it got between 0.12 and 0.18 percent.

Rodolfo Tailhade, national deputy of the Front pour la Victoire (FpV), denounced Bausili in April 2018 for investigating whether he had obtained undue advantages because at the beginning of 2016, he would have received a series of payments in euros and in shares of the bank. At that point, the judge Claudio Bonadio He called him for an investigation and fired him. Prosecutor Alejandra Mangano appealed against this decision and, before the Federal Chamber, the judges Martin Irurzun and Leopoldo Bruglia they overturned the decision and ordered a series of judicial measures to be taken. They also said that it was necessary to analyze whether the case was going to be in the hands of Judge Casanello, who had a complaint against the same former official.

Did Casanello and the prosecutor Federico delgado they had in their hands an investigation against the former officials Mario quintana (former Deputy Chief of Staff) and Bausili for purchasing BONAR bonds as civil servants. The case was opened in 2016 to investigate the existence of irregularities in negotiations and payments made by public officials who represented the interests of the national state, with the so-called “recalcitrant” after the promulgation of Law 27.249 on March 31, 2016..

At the end of last year, Casanello summoned Bausili to the investigation. The former official denied the charges, saying that “there was no overlap between his entry into public service and his departure from Deutsche Bank Bank”, that “He did not receive dividends, but the amounts received by the bank in 2016, 2017 and 2018 which were due to his work carried out in previous years in the agency and were agreed in the minutes signed before the SECLO” and “there has been no e-mail exchange between you and Deutsche Bank employees“.

Now the judge has treated him for incompatible negotiations in his role and seized him for 10 million pesos. Depending on the resolution you agreed to Infobae“The interested act of the accused arises from the close link which linked him to this enterprise, which results, at least, by two particular situations which made his intervention in the aforementioned processes incompatible”.

“The first,” he added, “is that Santiago Bausili was an employee of Deutsche Bank, between 2007 and 2016, as director of the“ DCM Latin America at Treasury Solutions ”area of ​​said entity. The second is limited to the holding by Bausili of shares in the said company. On January 31, 2016, upon exiting Deutsche Bank, Bausili received, in installments, a total of 13,025 shares of the entity, with a par value on the New York Stock Exchange of US $ 13.80 each, which was finally cashed in during the month. of September 2018. “

In this context, Casanello said that Bausili “participated in every step of the decision-making process: he received and conducted the hearings agreed with Deutsche Bank; I listened to their investment proposals ”.

And not only: “I discussed it internally both with the staff of the coordination body and with the rector (ONCP and Caputo); and finally, when the administrative file of Deutsche Bank as offeror or beneficiary was established, (the former official) took an interest in it and interfered in the procedure (issuance of notes, request for payment and complying with the resolution designating his former employer as an investment bank) ”. At theThe Anti-Corruption Office, headed by Laura Alonso, understood that “Bausili should not have attended these meetings and should have apologized for interfering in administrative matters”.

Thus, Casanello argued that it was proven that “Bausili worked until January 25, 2016 at Deutsche Bank and that one day after his formal departure from said bank, he was appointed by decree of PEN as undersecretary to the financing of the nation “and that” he was the beneficiary of a plan agreed with the bank under which he received, “in installments, distributed during the years 2016, 2017 and 2018, 13,025 Deutsche Bank shares”.

But also that “Although he is a former employee and owns shares of the entity, he intervened as a public official in transcendent issues related to this institution, a situation prohibited” by the law on ethics in the exercise of the public service. To this, it should be added that “this prohibition was known to the accused, since in file 125858/16, he dispensed with intervening; but for reasons he could not explain, he did not do so in another case in 2017 ″. Finally, “before this last placement”, Bausili “held meetings not only with representatives of Deutsche, but with those who, until January 2016, were his supervisors in this company.”

“These factual circumstances are decisive for the analysis of your criminal liability because they allow you to rule out what is alleged by the defense that there was, at most, negligent or ignorant action on your part. This defense argument, which essentially aims to attack the existence of the defendant’s fraud in the case and to minimize the relevance of the interventions of his assisted, has been distorted by the evidence and the context analyzed, ”he said. declared.

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