Cassation Declares Appeal Inadmissible
The Federal Chamber of Cassation dismissed as inadmissible an appeal filed by Máximo and Florencia Kirchner against preventive embargos on assets owned by Hotesur and Los Sauces, companies in which they hold shares. The embargos were ordered by Federal Oral Court No. 2 on August 11 as part of the enforcement of the confiscation order in the Vialidad case, in which their mother, Cristina Kirchner, was convicted. The ruling was issued by a majority in Chamber IV, with judges Gustavo Hornos and Diego Barroetaveña voting to reject the appeal and Mariano Borinsky dissenting in favor of hearing it.[S1][S2]
The majority argued that the challenged decision is not a final judgment and does not end the proceedings, so it does not warrant Cassation review. They stressed that the measure is a precautionary embargo and that the trial court has not yet decided whether the assets should be definitively confiscated. Borinsky, in dissent, considered the appeal admissible and recalled a previous intervention in which he questioned the reasoning on the timing between the purchase of the assets and the investigated scheme.[S1][S2]
Assets Under Embargo
The embargos cover 13 properties belonging to Los Sauces S.A. and Hotesur S.A., including the San José 1111 apartment in Constitución where Cristina Kirchner is serving house arrest. The list also includes duplexes, an apartment and parking spaces in the Madero Center complex, properties in Río Gallegos and El Calafate, and the Hotel La Aldea del Chaltén. The total value of the embargos was set at $684,990,350,139.86. The measure aims to preserve the assets until a final decision on confiscation is made.[S1][S2]
Arguments and Context
Luis Goldín, representing Máximo and Florencia Kirchner, argued that the embargos lack a specified amount, affect the companies' commercial operations, and violate property rights and due process. He noted that the siblings were not convicted in the Vialidad case and that the companies have separate legal identities and assets. He also claimed the embargos are excessive because the siblings' shares have been embargoed since 2017 and the firms already face other restrictions, such as general inhibitions and limits on dividend distribution. The court's decision follows a similar rejection of an appeal by Cristina Kirchner's defense on the same matter.[S1][S2]
The Vialidad case resulted in a six-year prison sentence and perpetual disqualification from public office for Cristina Kirchner, which became final on June 10, 2025. The confiscation process is underway, with 111 assets of the former president and businessman Lázaro Báez already ordered for appraisal. Prosecutors included assets registered to the former president's children, arguing they were acquired with proceeds from the crime.[S1][S2]
