Argentina: Lawyer Ordered to Pay $8M for Defaming Judge in YPF Extortion Case

Buenos Aires – Argentina’s Supreme Court has upheld a ruling requiring Alejandro Sánchez Kalbermatten, a lawyer previously convicted of attempted extortion, to compensate a Buenos Aires court judge for defamation. The case stems from online accusations of corruption leveled against the judge during the investigation into the extortion attempt, highlighting the legal repercussions of public attacks on judicial officials and the increasing willingness of Argentine courts to protect their members from such assaults.

Sánchez Kalbermatten must pay February 29, 2024, an indemnity of 8 million Argentine pesos, plus accrued interest, to Luis María Roberto Mario Bunge Campos, a judge on the National Criminal and Correctional Appeals Chamber of the Federal Capital. Judge Bunge Campos was involved in the initial investigation of the extortion case against Sebastián Eskenazi, the former shareholder of YPF, Argentina’s state-owned oil company.

The underlying criminal case, which began in late December 2017, involved allegations that Sánchez Kalbermatten, along with Pablo Brugo and Juan Manuel Ducler, attempted to extort Eskenazi. The group allegedly possessed damaging information concerning alleged illicit dealings between Eskenazi’s holding company, Petersen Group, and the late former President Néstor Kirchner during the acquisitions of Banco de Santa Cruz and a stake in YPF. They offered to suppress this information in exchange for a payment of US$20 million.

The scheme unfolded over several meetings. Brugo initially approached Eskenazi on behalf of Ducler and Sánchez Kalbermatten, suggesting the existence of compromising information. Subsequent meetings escalated the demand to US$20 million for silence. Petersen Group filed a criminal complaint the day after the final demand was made.

Argentine Federal Police responded swiftly, placing hidden cameras in the meeting location and staging a “controlled delivery” of US$300,000 – part of a simulated payment of US$1 million – on December 28, 2017. Brugo, Ducler, and Sánchez Kalbermatten were subsequently arrested.

In August 2023, a Criminal and Correctional Court in Buenos Aires convicted Sánchez Kalbermatten to three years and three months in prison, along with a ban from practicing law for twice that period. Brugo and Ducler received suspended sentences, agreeing to 200 hours of community service and charitable donations totaling 650,000 Argentine pesos (approximately US$7,000 at current exchange rates) to Cáritas, a Catholic charity.

The defamation case arose during the appeals process of the criminal charges. From an X (formerly Twitter) account attributed to Sánchez Kalbermatten – @askabogados – a series of posts were published accusing Judge Bunge Campos of corruption and professional negligence. These posts prompted the judge to file a civil lawsuit for damages.

While the initial civil claim was dismissed, the National Chamber of Civil Appeals overturned the decision, ordering Sánchez Kalbermatten to pay the 8 million peso indemnity. His appeal to the Supreme Court was rejected due to non-compliance with procedural rules outlined in Accord 4/2007, effectively solidifying the lower court’s ruling.

This case is significant for several reasons. First, it demonstrates a growing trend in Argentina of judicial officials actively defending their reputations against public attacks, particularly those made through social media. The willingness of Judge Bunge Campos to pursue legal action and the Supreme Court’s upholding of the lower court’s decision send a strong message that such attacks will not be tolerated.

Second, the case highlights the potential financial consequences of defamation, even for individuals involved in high-profile criminal proceedings. The 8 million peso indemnity, while not a massive sum in absolute terms, represents a substantial financial burden for Sánchez Kalbermatten, particularly given his legal troubles and potential loss of income due to his professional disqualification.

Third, the case underscores the complexities of legal proceedings in Argentina. The protracted nature of the case – from the initial extortion attempt in December 2017 to the final Supreme Court ruling – illustrates the challenges of navigating the Argentine legal system. The involvement of multiple courts and appeals processes highlights the potential for delays and uncertainties.

The broader context of the original extortion attempt also reveals potential implications for Argentina’s business and political landscape. The allegations of illicit dealings between Petersen Group and the Kirchner administration, while never fully substantiated, raise questions about the transparency and integrity of past business transactions involving state-owned assets. The fact that the alleged extortion attempt centered around suppressing this information suggests a deliberate effort to conceal potentially damaging revelations.

The case also touches upon the legacy of the Kirchner family, a dominant force in Argentine politics for over two decades. Juan Manuel Ducler’s connection to Aldo Ducler, described as the financier of the Kirchners, adds another layer of complexity to the case, raising questions about potential political motivations and influence.

Looking ahead, the outcome of this case is likely to encourage other judicial officials in Argentina to pursue legal action against those who defame them. It also serves as a cautionary tale for individuals who use social media to attack the integrity of the judiciary. The financial penalty imposed on Sánchez Kalbermatten demonstrates that there are real consequences for engaging in such behavior.