The head of the Court of Associated Judicial Management in Civil, Commercial and Mines No. 1 of the First District came to this conclusion after being jointly asked to do so by the representatives of the Public Prosecutor’s Office, the advisor to the Government of Mendoza, the representative of the DGE and that of the State Prosecutor’s Office, due to the failure of two auctions due to lack of bidders.
This error occurs in in tune with the modification to the domain forfeiture law that was approved in the Legislature last month to allow, in the event of manifestly uneconomic auctions or their failure, the judge to order the direct delivery of the assets to the DGE.
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Luis Lobos condemned.jpg
Luis Lobos is serving an 8-year prison sentence for fraud (in two cases) and illicit enrichment.
“Neither the law nor the DNU on which this process was based provided for the direct delivery of the assets object of the domain forfeiture action, providing for them to be auctioned,” explains Judge Gallardo. “However, recently, the Honorable Provincial Legislature issued law 9533” that incorporates the possibility.
“This rule, being procedural in nature, is immediately applicable. to the processes in progress,” the judge argued.
The ruling of the judge who handed over Lobos’ house to the DGE
“Having no bidders presented themselves in the previous auctions, I understand that a new auction attempt for a price lower than the one already set would result in the case being uneconomical, with the expenses that this entails,” explained Judge Gallardo. And he added: “As a contrast, I have no doubt that the direct delivery of the identified properties would be of better benefit to the General Directorate of Schools, thus, and in a better way, fulfilling the true spirit of the domain extinction law.” .
In this way – it fails – the main objective of the law is fulfilled, which is to “extinguish through civil action the right to property that has been ill-gotten as a result of acts of corruptionin order to recover them for the benefit of society as a whole”.
The DGE will then receive, according to last Friday’s ruling, the property located in the Alto Portal del Sauce neighborhood plus the communal hallway of forced indivision to reach the home.
In this case, the state agency assumed the procedural expenses and costs. And all the liens and precautionary measures that weighed on the property have already been cancelled.
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