Three former authorities of the National University of Tucumán were sentenced to prison.

The Federal Criminal Oral Court (TOCF) of Tucumán handed down on Tuesday sentences of up to three and a half years in prison against three former authorities of the National University of Tucumán (UNT) for the crime of fraudulent administration to the detriment of the State, in the context of a case that investigated the irregular use of millions in funds from Yacimientos Mineros Agua de Dionisio (YMAD) between 2006 and 2011.

Judges Ana Farías, Abelardo Basbús, and Enrique Lilljedahl found proven the existence of "overpricing in the contracting of public works, the irregular placement of university funds in financial investments, and the arbitrary waiver of profits that belonged to UNT from the company YMAD."

The ruling coincided with the accusation maintained at trial by prosecutors Pablo Camuña and Agustín Chit, together with assistant prosecutor Lucía Doz Costa, who pursued the criminal responsibility of three of the four defendants.

The most severe sentence was imposed on former rector Juan Cerisola, who was sentenced to three years and six months in prison for breach of public official duties and fraudulent administration. Meanwhile, former general director of University Construction, Olga Cudmani, received three years and two months in prison as co-author of fraud, while former director of Investments and Contracting, Osvaldo Venturino, was sentenced to two years of suspended prison.

The three former members of the leadership of the National University of Tucumán (UNT) were also permanently disqualified from holding public office. In contrast, former administrative undersecretary, Luis Sacca, was acquitted as he was granted the benefit of the doubt.

The case

According to the indictment by prosecutor Carlos Brito, between 2006 and 2009 UNT received funds from YMAD allocated by law for the construction of the University City in the Sierras de San Javier, 25 kilometers (15.5 miles) from San Miguel de Tucumán. However, those resources were diverted to a "parallel and illegal system" that financed other works and financial placements made without the endorsement of the National Treasury and in entities not authorized by the Central Bank.

According to the Public Prosecutor's Office, the representatives of the prosecution, Pablo Camuña, Agustín Chit, and Lucía Doz Costa, structured their arguments around three main points.

First, they emphasized the "waiver of YMAD funds" decided by former rector Juan Cerisola, who ended the construction of the University City without a work plan, technical justification, or intervention by the Superior Council. They pointed out that this decision deprived UNT of 40% of the mining company's profits, a loss they estimated at more than 64 billion current pesos.

The second section focused on contracts with YMAD funds, where overpricing, directed awards, and violations of current regulations were detected.

The third point addressed irregular financial investments, defined as a mechanism "characterized by its opacity, lack of controls and transparency, and subject to total discretion." As examples, they cited fixed-term deposits of 15 million pesos at Banco Servicios y Transacciones, another 18 million at Banco Piano, and trusts at the financial company Equity Trust for more than 67 million.

Reparation of damages to the State

In its final decision, the court not only imposed prison sentences but also established the obligation to repair the damages caused to the State. In this regard, it ordered that Juan Cerisola and Olga Cudmani jointly pay the sum of 39,277,376 pesos, an amount that must be updated according to the consumer price index from October 30, 2012, the date set as the start of default, after the delivery of the last work investigated, until the time of full payment.

It also ordered that Cudmani and Osvaldo Venturino be jointly liable for 717,000.66 pesos, corresponding to an economic-financial readjustment related to one of the works analyzed at trial. That amount will also be updated from December 22, 2011, until effective payment.