Man convicted of three deaths in San Juan faces new charge of fraudulent insolvency
José Oscar Muñoz, convicted of aggravated involuntary manslaughter, is under investigation for selling and donating assets to evade civil compensation.
New criminal case against property owner convicted of carbon monoxide deaths
José Oscar Muñoz, convicted in April 2024 of the aggravated involuntary manslaughter of three young people in an apartment in the capital, is now facing charges of alleged fraudulent insolvency, according to sanjuan8.com. The prosecution is investigating whether two property transactions carried out in 2025, following the criminal conviction, were intended to obstruct the collection of civil compensation.
Judge of Guarantees Alberto Caballero formalised the investigation and ordered that Muñoz remain free with restrictions for six months: prohibition on disposing of his assets, obligation to submit to the process, and prohibition from leaving San Juan without judicial authorisation.
The two transactions under scrutiny
The first transaction investigated was completed on 16 April 2025, when Muñoz sold a property located on Córdoba Avenue for 176 million pesos. The second occurred on 23 June of the same year, when he donated 50 per cent of his interest in a property located at Esteban Echeverría 460 North, in the capital, to his children.
Both transactions took place while a civil claim for damages and losses was being processed. For the prosecution, the sequence is relevant because it could have reduced the assets available to pay the financial obligation.
The case is being handled by prosecutor Yanardi, from the Fiscal Unit for IT Crimes and Fraud. The central hypothesis is that the asset transfers would have compromised the ability to collect the judicially recognised compensation. For now it is a provisional charge; the investigation will determine whether there was a deliberate scheme to avoid payment.
The background: three deaths in an unventilated apartment
The case has as its background the death of three young people found on 12 August 2023 in an apartment at calle Entre Ríos 339 North, in the capital. The victims were two trans women and a 17-year-old teenager who had temporarily rented the property.
The investigation determined that all three died from carbon monoxide poisoning. The apartment had been fitted out in a garage and had gas appliances installed without the necessary safety conditions, and lacked the corresponding ventilation grilles.
On 10 April 2024, Muñoz and his wife, Teresa Elizabeth Scalise, were sentenced to three years' conditional imprisonment and special disqualification for six years for aggravated involuntary manslaughter based on the number of victims.
Following that conviction, Lorena Marta Otárola initiated a civil lawsuit on her own behalf and in representation of the interests arising from the death of her daughter. The court granted the claim and ordered payment of compensation plus corresponding interest.
The defence raised a preliminary issue
During the hearing, the defence, represented by lawyer Andrés Bertagna, argued that a preliminary issue existed that should be resolved in the civil court before proceeding criminally. Judge Caballero did not uphold the motion and enabled the continuation of the criminal investigation.
The investigation aims not only to determine whether the transactions took place, but also to establish whether they were intended to avoid or obstruct compliance with the compensation. The mere fact of selling a property or donating assets does not in itself constitute a crime: to sustain the charge of fraudulent insolvency, it must be proven that the transactions were carried out with the intention of frustrating or hindering compliance with the civil obligation.
Meanwhile, the asset freeze ordered by the judge aims to limit further property transactions during the progress of the case. Muñoz will remain free, but must comply with the restrictions set by the court over the next six months.
Source: Google News PR — San Juan