Key Moments:
- Defense attorneys have petitioned to suspend the illegal online gambling proceedings and move the case from Santa Fe to Buenos Aires.
- Authorities charged seven individuals tied to Transfero Pagamento and Bluegreen with running unauthorized gambling websites.
- Defense lawyers argued there is no evidence directly linking the accused to illegal activities. They also challenged Santa Fe’s jurisdiction and questioned criminal intent.
Legal Challenge to Santa Fe Investigation
Defense lawyers for seven people tied to Transfero Pagamento and Bluegreen filed an appeal. They asked the Santa Fe courts to pause proceedings and transfer the case to Buenos Aires. The legal team has asked the Santa Fe judicial system to pause the proceedings and for the case to be transferred to authorities in Buenos Aires. The case is currently overseen by Judge Cecilia Labanca at the Santa Fe courts, where defense counsel Mariana Oroño and Federico Kiener submitted their request. Prosecutor Agustín Nigro, along with lawyers for the Santa Fe government and Casino de Santa Fe, oppose the petition.
Defense Arguments: Dismissal and Regulatory Compliance
The defense’s principal claim is a request for sobreseimiento, or judicial dismissal, asserting that the actions under scrutiny do not constitute criminal activity in Argentina. Oroño and Kiener insist that Transfero Pagamento and Bluegreen operate as lawful digital payment and asset management companies regulated in Argentina. They argue neither company runs gambling platforms and instead provides financial technology services.The defense also said Transfero has international operations with proper licenses. Regulators such as the National Securities Commission (CNV) and the Financial Information Unit (UIF) monitor its activity in Argentina.
Evidence, Knowledge, and Jurisdiction Issues
Another pillar of the defense is the lack of direct evidence linking the accused to illegal online gambling sites. Prosecutors identified up to 385 allegedly unauthorized betting sites. However, investigators have not determined who controls them. Defense counsel argued there is no demonstrated knowledge on the part of the defendants that these websites were unregulated, emphasizing the absence of criminal intent, or dolo, necessary for establishing liability.
Alongside their dismissal request, Oroño and Kiener have objected to the Santa Fe court’s jurisdiction, calling for the case to be moved to Buenos Aires. They cited that both Transfero Pagamento and Bluegreen are headquartered solely in Argentina’s capital, and presented data indicating that only 7% of the questioned transactions were linked to Santa Fe. In contrast, 39% occurred in the Province of Buenos Aires and 14% in the City of Buenos Aires, which they argue makes these locations more pertinent to the judicial inquiry.
| Location | Percentage of Transactions |
|---|---|
| Santa Fe | 7% |
| Province of Buenos Aires | 39% |
| City of Buenos Aires | 14% |
Awaiting Judge’s Decision and Industry Implications
Judge Cecilia Labanca recessed to study the arguments before issuing a decision. Meanwhile, the prosecution and plaintiffs maintain that Santa Fe remains the proper venue since the original complaint originated there. The ruling could shape how Argentina handles future disputes involving online gambling, digital finance, and provincial authority. The result will have broader ramifications for how the intersection of financial technology and the rapidly-evolving online gambling space is treated within the country’s regulatory framework. At stake are not just the legal fates of the seven accused but also the parameters for addressing complex provincial-federal challenges in Argentina’s online gaming industry.
- Author
Daniel Williams
