Fútbol para Todos case: Prosecutors request the conviction of Aníbal Fernández and Jorge Capitanich

The emblem of Kirchnerist propaganda, Fútbol para Todos, is once again at the center of a judicial storm. This Monday, during the oral trial for corruption schemes and the diversion of public funds linked to the program, the Office of the Attorney General requested convictions against central figures of Kirchnerism, including Aníbal Fernández and Jorge Capitanich, both former Chiefs of Staff during the governments of Cristina Fernández de Kirchner.

The Attorney General Miguel Ángel Osorio requested three years in prison and permanent disqualification from holding public office for Fernández, who is accused of fraudulent administration to the detriment of the State in real concurrence with violation of the duties of a public official. In the case of Capitanich, the requested sentence was eight months of suspended imprisonment, in addition to a special disqualification for twice the length of the sentence, for violation of the duties of a public official.

According to the accusation, between 2010 and 2015 there was an economic loss exceeding 131,608,000 pesos, an amount that the Public Prosecutor's Office requested the defendants jointly reimburse—updated to current values—for the benefit of the National High Performance Sports Agency (Enard) and AFA.

The Administrative Investigations Prosecutor's Office (PIA) supported this position and detailed how the fraudulent schemes drained public resources that never resulted in the financial recovery of the clubs or in sports infrastructure projects.

Together with the former Kirchnerist officials, the Prosecutor's Office also requested convictions for other figures: Luis Segura, former president of AFA (two years in prison); Carlos Alberto Pandolfi, former treasurer of Futbolistas Argentinos Agremiados (one year); Norberto Monteleone, former manager of the same union (one year); and Natale Antonio Rigano, former president of Iveco (two years).

In contrast, there was no accusation against Gabriel Mariotto, former coordinator of Fútbol para Todos, nor against other directors of AFA, FAA, and involved financial entities, for whom acquittal was requested.

The former governor of Chaco and Kirchnerist leader, Jorge Capitanich, reacted with fierce criticism to the prosecutor's closing argument: "It was inconsistent, unfounded, and conjectural: it is not supported by the evidence produced during the trial. To claim that the Chief of Staff's Office should have controlled its destination is absurd: it had neither the authority nor the possibility to do so."

Capitanich even stated that the closing argument was "read from beginning to end," something that according to him is "prohibited by the Code of Criminal Procedure", and accused the Prosecutor's Office of seeking to "tarnish his name" and to smear what he described as a "legitimate public policy" that would have democratized access to sports. He concluded his statement by asserting:  "This is not a legal argument: it is the beginning of the political campaign."

The investigation, initially led by prosecutor Eduardo Taiano, keeps that the clubs did not reduce their debts with AFIP and that, far from strengthening their finances, they increased their liabilities. In addition, AFA failed to comply with the audits stipulated in the contract, while funds were diverted to financial caves through the irregular discounting of post-dated checks.

The operation allowed part of the public money to end up swelling the coffers of private entities, leaving the clubs with fewer resources than expected.

Suspicions also extend to the sponsorship contracts between AFA, the Chief of Staff's Office, and the company Iveco. Since 2010, the automaker reportedly paid 86 million pesos, but at rates 75% lower than the market average. Payments in kind—even trucks—were even admitted, without justification or bidding, something that the General Audit Office of the Nation described as irregular and without legal basis.

After the prosecutor's closing arguments, the Federal Oral Court No. 1—composed of judges Ricardo Basílico, José Michilini, and Adrián Grünberg—scheduled a recess until September 8, when the defenses will begin.