Since 1993 Lawyers Are Paid For Work That Was To Last for Only Four Years
<p>They are professionals who still work with surveyors in the Gas Contribution Fund, designed to finance the work of laying network. A report by the AGN says it cannot know when the work of the lawyers will end and the current checking account of the fund, which until 2006 was $ 44 million, recorded "substantial idle balances."</p>
A report from the General Audit Office (AGN, for its acronym in Spanish) states that some lawyers were hired more than 13 years ago to work in implementing the Fund's contribution Gas, they received amounts "far superior" to their rightful and not yet finished its work despite "the deadline for completing their tasks being well overdue."
The Contribution Fund was created in October 1996 to finance the work of laying the gas network. It was fueled by a surplus charged to the conveyor that was transferred to the tariffs for end users and force until December 31st, 2002.
The fund manager was the Gas Regulatory Agency (ENARGAS), which drew the money to pay the regularization of "easements." The easement is the real right that enables exercise actions on someone else's property. In this case, it was the administrative property right of the transporters and distributors of natural gas so they can meet their leasehold activities. On the other hand, the fund also damages to the owners of the land affected by the works of Gas del Estado, the former supplier.
To regularize land rights which had facilities, Gas del Estado hired in January 1993 Emprint S.A. which promised to manage and run the job for four years. The AGN report notes that in the period 1993-2000, the company claimed $ 28,045,234.16.
Already in 2002, the Watchdog had described as "irregular" contract with Emprint and estimated that administration costs were "overvalued."
From that contract, Gas del Estado summoned lawyers and surveyors to confeccionen occupation easements on properties of third parties. The lawyers would charge a total $ 8,318,700 with an advance of 20%. But from 1994 to the end of the period audited by the AGN -2006, they perceived $ 7,787,637.23, of which $ 4,172,938 were as an advance, ie more than 50%, while the surveyors received $ 108,645,230.36.
During the work of the professionals liquidation of Gas del Estado and Emprint contract was transferred to the Ministry of Energy. In addition, 7256 agreements with landowners, for $ 28,344,837.82 were signed. This AGN detected an effectivity of 68.91%, with still 3274 contracts waiting to be signed, although "the deadline for completing tasks regularization is overdue," says the report, adding that "the actions of ENARGAS (for lawyers to meet their efforts) did not reach full effect, "nor are they demanded the reports to be submitted.
The audit could not verify that the ENARGAS had "revised" existing contracts since 1994 between Gas del Estado and lawyers, despite having some irregularities found as paid professionals advances "far superior" to the corresponding; or that, by December 31, 2006, lawyers had perceived more than the total value of their work, or even that "there is set schedule or determined time for their tasks.”
"Almost 13 years after the signing of contracts with lawyers, they are pending holding the 31.09% of the total estimated to celebrate with landowner agreements" concluded the Audit and adds that "to date, there is no certainty "about how much money to disburse to meet the objectives of the fund contribution.”
Also, at the end of the audit and 14 years after the start of the work of surveyors, easements 5940 are still waiting to be registered in the Registry of Deeds of each jurisdiction on a total of 16,152, an effectiveness of 63%.
In 2004, the current account ran the ENARGAS passed to the Task Force Easements (GOS). The AGN failed to verify that the website will report on the GOS’ funds in that account, which means that neither users nor third parties have access to data concerning the destination of the money or the balance outstanding and fees regularization.
Moreover, the audit found "substantial idle balances" in the account which showed an inefficient use of resources, mismatches between financial and operational management, and neglect of "the rules governing budget management." Until December 2006 and according to the AGN, the fund amounted to $ 44,544,653.