Leopoldo Bruglia and Pablo Bertuzzi assessed in their decision that the various officials and individuals who were part of the organization led by the former president acted as tools for a mechanism whose purpose was to collect. This goal confirmed the magistrate, "He calls them and identifies them as belonging to the same group that is framed as an illegal union". I think there was one affectio societatis, they had the will to belong to the group for criminal purposes. At that time, they referred to businessmen's defense by claiming that their defendant did not share with the officials responsible for the criminal purpose they had.
Clearly, the judges said that the businessmen who made payments to the then officials or their intermediaries acted motivated by the search for economic benefits. But they clarified it "The purpose of describing unlawful union is not expected – at the moment".
What can be said – the judges pointed out – is whether the contributions from money they have made involve the businessmen entering the illegal federation collected from the state's highest level. To dive into this explanation, the courts reminded that although some of the money paid by businessmen ended up increasing their legacy, a significant part was determined by what in practice they call "the cost of the policy".
For Parliament, regardless of the responsibility involved in the delivery or supply of money to a public official in order to obtain an advantage in return, "We understand that this is not enough to regard them members of a criminal association with the characteristics defined".
Bruglia and Bertuzzi believed that there was no doubt that businessmen followed their profit behavior, but – it can not be maintained that they are "moved by the same collective purpose that governed the public agents" and that was that leitmotif of the criminal organization ordered by Cristina Kirchner.
The judges pointed out that managers could control their activities through other incentives based on the benefits gained through the agreed illegal payments. But they stressed that these actions "they do not allow to locate them without more within the illegal association".
In order to be considered members of the unlawful union, they must have acceded to the criminal law agreement, Assume a specific role within the organization and it serves to achieve its goals, with a particular show in time. These items, to Bruglia and Bertuzzi, have not met at the moment.
Finally, the judges confirmed that the integrated evaluation of the information gathered so far indicates that they imputed businessmen they would have obtained contracts or public concessions for payments to senior officials of the National Executive Power, and not for "their corresponding same criminal structure".