The Argentine Federal Chamber of Criminal Cassation rejected an appeal filed by Máximo and Florencia Kirchner on September 18, 2026, leaving in place preventive asset embargoes against the corporate entities Hotesur and Los Sauces. According to court filings reported by Infobae, the decision concerns properties tied to the ongoing execution of a forfeiture order stemming from the conviction of former president Cristina Kirchner.
Among the properties affected by the ruling is the apartment located at San José 1111 in the Constitución neighborhood of Buenos Aires, which serves as the residence where the former president serves her sentence under house arrest. The court’s majority vote was signed by judges Gustavo Hornos and Diego Barroetaveña, while Judge Mariano Borinsky issued a dissenting opinion favoring the admission of the defense appeal.
Legal Grounds of the Cassation Chamber’s Ruling
The Chamber’s majority dismissed the challenge brought by attorney Luis Goldín, who acts as the legal representative for Máximo and Florencia Kirchner. According to the judges, the appeal was inadmissible because the challenged measure involves a preventive embargo rather than a definitive ruling on asset forfeiture. Judges Hornos and Barroetaveña stated in the resolution that decisions regarding provisional precautionary measures do not put an end to legal proceedings and generally cannot be reviewed by the Cassation court unless they cause irreparable damage.
In his dissenting vote, Judge Mariano Borinsky argued that the appeal deserved a full hearing. Borinsky pointed out that precautionary measures targeting assets belonging to individuals who were not convicted in the primary trial warrant closer scrutiny regarding the temporal relationship between asset acquisitions and the illegal activities under investigation.
Scope of the Embargoes on Hotesur and Los Sauces Assets
The preventive embargoes target corporate assets held by Hotesur and Los Sauces, companies in which Máximo and Florencia Kirchner hold shareholder stakes. The list of restricted real estate includes properties in Río Gallegos and El Calafate, duplexes and parking spaces within the Madero Center complex, and the La Aldea del Chaltén Hotel. The legal defense argued that the restrictions are excessive, noting that the children of the former president were not accused in the Vialidad trial, and that their shares have faced judicial restraints since 2017.
The ongoing asset seizures form part of the broader execution phase of the Vialidad trial. Cristina Kirchner was convicted to six years in prison and a lifetime ban from holding public office for fraudulent administration harming the public administration, a sentence that became final on June 10, 2025. The Federal Oral Tribunal 2 oversees the forfeiture process, which includes an updated valuation of approximately 684.990.350.139,86 Argentine pesos across properties linked to the former president and Lázaro Báez.
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