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Argentina’s Top Criminal Court Voids Alberto Fernández’s Indictment in State Insurance Case

Judges said the appeals court acted without a prosecutor backing the charge, which broke the accusatory rule.

Overview

  • Fernández’s indictment was annulled by the Federal Chamber of Cassation on Wednesday, lifting a $14.6 billion peso asset freeze and a travel ban.
  • By a 2–1 vote, Judges Mariano Borinsky and Javier Carbajo formed the majority and sent the case back to the Federal Chamber for a new ruling, so the investigation stays open.
  • The majority found that both the defense and the prosecutor at the prior stage, José Agüero Iturbe, had asked for lack of merit, so there was no adversarial clash to support upholding the indictment.
  • The prosecutor before Cassation, Raúl Pleé, urged keeping the indictment, but the court said his later stance did not fix the earlier lack of a prosecutorial push.
  • The probe centers on a 2021 decree that funneled public agencies’ insurance through state-owned Nación Seguros and allegedly let private brokers and co-insurers collect above-market commissions, and the new review could also affect other defendants.