ARGENTINA: JUDGE RULES LACK OF EVIDENCE AGAINST

UNCLAS BUENOS AIRES 000946 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: KCOR KJUS PGOV PREL SNAR VZ AR SUBJECT: ARGENTINA: JUDGE RULES LACK OF EVIDENCE AGAINST FORMER ARGENTINE OFFICIAL IN VALIJAGATE REF: BUENOS AIRES 00462 BUENOS AIRES 00646 BUENOS AIRES 00743 ¶1. (SBU) Argentine Judge Daniel Petrone determined on 3 July that there is not enough evidence to prosecute or to acquit former Argentine government official Claudio Uberti in the "Valijagate" investigation, involving the infamous Venezuelan suitcase carrying USD 800,000 and seized by Argentine customs in August 2007. Uberti, the former toll-road regulator and Planning Minister Julio De Vido's point man in relations with the Venezuelan government, was fired from his position when it was determined that he authorized Venezuelan-U.S. national Antonini-Wilson to board the August 4 flight from Caracas to Buenos Aires. Judge Daniel Petrone, who has overseen this case since April 22, had ten days to determine whether to charge Uberti. Uberti voluntarily presented himself to the court on June 4 before being summoned. ¶2. (U) According to Argentine press, the central points of the judge's decision included first, the determination that it is a money laundering vice smuggling case and second, a lack of evidence that Uberti was aware of the suitcase's contents. In his declaration on June 4, Uberti admitted that he authorized Antonini-Wilson to travel on the request of former PDVSA Vice-President Diego Uzcategui Matheus. Interpol notices have been issued for Uzcategui Matheus and his son, presumed to be in Venezuela, who are wanted for questioning in the case and have been declared in contempt of court by Judge Petrone. ¶3. (SBU) Comment: Uberti's fortunes may soon be reversed if the Antonini-Wilson case goes to trial in Miami in September as presently scheduled. The Argentine press is covering pre-trial developments in Miami, but the GOA is not commenting or reacting. The Argentine case is not considered closed without an acquittal. Uberti remains under investigation and the prosecutor will reportedly appeal the judge's decision. Judge Petrone's decision to make this a money laundering case vice smuggling also makes it a more difficult case to prosecute. The Judge and the prosecutor will closely watch the U.S. legal proceedings in this case, which could produce extensive evidence implicating Uberti and others. WAYNE