Memory Commission

Memory Commission

During early 2010, all the groups that were part of the election to form a commission to investigate the bankruptcy period of Racing and to issue a report to the Board. At first, RACING VUELVE, GANAR, SARCAC y 25 de MARZO, confirmed their presence, but, later, the only members of the Commission were the representatives of Racing Vuelve and 25 de Marzo.

Contact e-mail: [email protected]


In September, the Commission sent the report to the Board. In a press conference, the club announced the legal actions initiated due to the content of such report.

As a result of the work of this Commission, on September 3rd, Racing Club Asociación Civil filed a criminal complaint against Mr. Fernando Enrique Carlos De Tomaso, as President of the company Blanquiceleste S.A., for the presumed crime of fraud by fraudulent administration, defined in Section 173, part 7 of the Criminal Code. Such crime involves the wrongful conduct of a person who, as administrator or manager of the economic interest of a third party, fails to comply with its statutory and contractual duties and damages wilfully the assets under his or her care. On September 24th, the representative of the entity, Mr. Mariano Cúneo Libarona, ratified the complaint before the principal of the National Criminal Prosecution Office No. 13, and offered the documentation evidencing the facts. On October 16th, the principal of the National Criminal Court No. 48 accepted Racing Club Asociación Civil as plaintiff.

Racing has also filed complaints in the ongoing causes 490.364 and 490.365, in process in the Preliminary Criminal Investigation Unit No. 7 of the Judicial District of Lomas de Zamora. These complaints caused different investigations for presumed crimes by the Auditing Committee and the members of Blanquiceleste S.A. to be opened. We have a full copy of the files, which are being thoroughly studied in order to make a new presentation as plaintiff, under the provisions of Section 77 and other relevant sections of the Criminal Procedure Code of the province of Buenos Aires.

The judicial group of the club is formed by Pablo Terrile, general lawyer of the club, who is in charge of all the civil and commercial lawsuits and also provides contractual and sport law counselling, and Alfredo Abuin, representative of Racing in the residual bankruptcy and trust proceedings under the law 25284, which are registered in La Plata, and in the lawsuit for damages against Blanquiceleste S.A. and the Auditing Committee, as the party breaching the management contract. Raúl Aguirre Saravia is in charge of any claim which may arise on this regard in the City of Buenos Aires. There is still no final judgment (and we cannot expect one in the short term) regarding the judicial debate around who is guilty due to the breach of the management contract. Therefore, no precautionary measure has been ordered so far and due to the judicial actions started in different matters.

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