Mendoza: Gives a Credit of Nearly $9 Million to a Company That Was In Bankruptcy
<p>It happened in 2005, when the firm El Cacique, dedicated to transport, also owed gross income and other taxes. The money came from a fund for productive projects handled by various ministries. According to the regulations of the administrative entity, the operation should not have been done. The local Court of Auditors fined $ 1,000 to four officials.</p>
In September 2005, the Mendoza government loaned $ 8,714,025 to the public transport company Cacique SA, although the company was in bankruptcy since 2002 and already owed to the province by gross revenue, automotive taxes and stamps.
The data contained in a judgment of the Court of Auditors Mendoza published in April 2008. The money, meanwhile, corresponds to the Financing Fund and Public and Private Investment, an initiative to productive projects, under the provincial governor and is managed by the "Fund Administrator of transformation and growth." The Watchdog ruled on accountability by the Administrator in 2005, a period that also records other irregularities in the credits.
The company had requested a loan to buy groups and give a payment schedule of 54 months. When Cacique received the money it owed "commercial rates with management Asset Management in former official banks for more than $ 9 million," said the Court.
The fund manager a "referee" body composed of the ministers of Production, Technology and Innovation, Finance and Infrastructure, Housing and Transport, approved the loan by Resolution 29, signed on September 12th 2005. This happened even though Article 3 of Regulation clarifies Terms of beings that cannot be supported "natural or legal persons who are inhibited, disabled, bankrupt or failed" or that "if they had unpaid debts to the province."
In the resolution that enabled the operation, the Administrator recognizes that, "although the applicant 'The cacique was in bankruptcy proceedings, (it will) accept as reasonable estimates creditworthy, provided that accompany the approval of the bankruptcy judge to constitute pledges over the units to acquire and give in payment of future revenues that corresponds to the operation of the service.”
That is, the Administrator conditioned the loan on the one hand, to a percentage of the revenue of the company and, on the other, to the collateral that established the Collective. But to the Court of Auditors, the clothes had a "little value, since the goods -the units- suffer great wear and constant use that quickly becomes obsolete, which does not guarantee the payment of the debt."
There was still the issue of fundraising. The Watchdog found that this kind of retention was "the only real guarantee of recovery" contingent, of course, that the fee does not affect the working capital of the firm.
Beyond the debts that dragged, what was the situation of the company immediately after receiving the credit? The Court reports that, before the expiration of the first installment of principal and interest - May 30, 2006, the Cacique "had already requested additional funding for part of the corresponding interest payment."
The agency also states that the Administrator gave the loan without being able to prove that the company was the best or the only candidate, or that despite the competition was not a suitable substitute.
In its ruling, the Court of Auditors sanctioned with a fine of $ 1,000 to then be played in the Administrator of the Fund: Finance Minister Alejandro Gallego; Economy Minister, Laura Montero; Undersecretary of Finance, Adriana Favier and CEO, Jorge Luis Tieppo. It was also decided "to not remove definitely the officials charged until the total cancellation of the loan that was awarded clears.