Plaintiffs in the YPF expropriation lawsuit have asked Judge Loretta Preska to hold the Republic of Argentina in contempt for failing to provide personal text messages and emails from officials. This request is part of a discovery process to prove that the State and the oil company operate as a single entity. However, the judge recently suspended a prior order favoring the plaintiffs, offering temporary relief to Argentina.
In the lawsuit over the 2012 YPF expropriation, beneficiaries of the court ruling, led by the firm Burford Capital, filed a motion with New York federal judge Loretta Preska. They seek sanctions and a contempt order against Argentina if it continues refusing to hand over personal communications from officials and former officials, as part of the 'alter ego' discovery process. This aims to show that the Argentine State and YPF operate as one entity, enabling potential seizures of assets like the Central Bank or Aerolíneas Argentinas.
According to lawyer Sebastián Soler, 'the government argues that, as these are communications via personal accounts and devices, they can only be provided if the individuals consent.' Some have consented, but others, such as Economy Minister Luis Caputo and Foreign Minister Pablo Quirno, refuse. The plaintiffs propose a schedule of informative filings from January 15 to March 5, 2026, to address this motion.
A positive development for Argentina came on December 23, 2025, when Preska suspended a prior order allowing investigation of YPF assets potentially subject to embargo. Specialist Sebastián Maril of Latam Advisors called it a 'Christmas gift for YPF,' as it temporarily halts that asset search. However, Maril noted that 'this order does not apply to discovery against other sovereign assets, which remains in effect.'
The case highlights tensions in repaying the debt from the expropriation, estimated in billions of dollars, and its implications for Argentina's economic sovereignty.
