The Federal Court of Appeals of Córdoba decided, by majority, to maintain the freedom of three defendants for alleged illicit association and financial intermediation in the case in which the actions of a financial institution located on the second block of San Jerónimo Streetknown by the name of its headlines, “Los chetos del sur.”
They are Francisco “Piqui” Novillo Saravia, his brother Tomás Novillo Saravia and Carlos Raúl López Villagra, who will be able to continue the process in freedom despite the requests of the prosecutor in the case Carlos Casas Nóblega. The Chamber determined that each of them must now present a real surety (bail) of 100 million pesos and appear in person every month before the court. The three accused are defended by criminal lawyer Tristán Gavier.
By mid-2023, Casas Nóblega launched 13 raids that centered on office B on the first floor of San Jerónimo 177 and an apartment on higher floors that served to store valuable evidentiary material, according to sources in the case. Apparently, that office operated behind a screen of a legal brokerage company located in an adjacent facility.
At that time, Casas Nóblega requested the arrest of the three and with ample substantiating arguments. Judge Miguel Hugo Vaca Narvaja denied it since, in his opinion, there was no procedural danger and they could maintain their freedom with 20 million pesos of real surety (bond) each.
Faced with this, the prosecutor presented an appeal so that the Federal Chamber decides on the need to detain them or the possibility of them continuing the process in freedom.
The appeal court, by majority, decided that the brothers Novillo Saravia and López Villagra remain free. Chamber members Liliana Navarro and Eduardo Ávalos voted in this sense, with Graciela Montesi opposed.
Vaca Narvaja pointed out last September that the three defendants “do not have a criminal record and have not been declared rebels, so in the hypothetical case of a conviction, they will not be declared repeat offenders, nor will it result from an entity such that by itself allows “presume that those charged will evade the actions of justice.”
Furthermore, the investigating judge maintained that “from the environmental surveys carried out, it appears that those charged have both family and work roots.”
In opposition to the prosecutor who raised the risk of flight out of the country, the magistrate understood that the National Directorate of Migration carries out its work conscientiously and with zeal, there being no possibility that a person with a judicial prohibition from leaving the country can legally transpose the borders.
Casas Nóblega filed the appeal and was aggrieved, indicating that “there are indications of procedural danger.” He added that the three defendants must answer for illicit association as leaders and organizers and unauthorized financial intermediation. With these charges, the prosecutor understands that, if convicted, it would be effective.
The accuser highlighted “the ease of leaving the country of those charged due to the economic solvency and contacts they have, the complexity of the case considering the number of bodies it consists of, as well as the complex maneuvers that “they are accused of having carried out.”
In addition, Casas Nóblega complained that the three “have an important connection with clients, operators and third parties linked to the illegal financial company, which shows that the defendants could hinder or influence future testimonies or investigative measures.”
He mentioned in his appeal that the defendants “fled part of their funds to Uruguay” after the raids and maintained that Francisco Novillo Saravia spoke with another person and showed his concern about “controlling the evidence that could be found in relation to the operation carried out.”
They remain free
The vote of members Navarro and Ávalos indicates that the accused have remained free throughout the investigation without the prosecutor having demonstrated in the interim that they may be hindering the investigation or planning their escape.
These chambermaids add that Novillo Saravia and López Villagra have appeared monthly before the court, as stipulated. It is added that eight months passed, which demonstrates the willingness to undergo the process.
The dissent of the member Montesi is extensive and with various arguments. He understands that freedom can put the investigation at risk, especially due to the complexity of the maneuvers described by the accusation and the number of people who participated in those operations.
In relation to the procedural danger, the dissident member maintains that the attitude displayed by the three identified as heads of the illicit association after the raids is negative. It is indicated that they would have given orders to the rest of the members of the gang to continue operating in another place.
It is also indicated that Tomás Novillo Saravia would have advised clients to withdraw money to tax havens and that the three fled foreign currency to Uruguay, always according to judicial suspicion.
According to Montesi, the defendants did not appear in person as they had determined, but sometimes they did so through Whats App.
