Cases 36,601 and 3309/23: The Plundering of Lithium and the Complicity of Power

Pablo Rutigliano, CEO of Atómico 3, offers his opinion on criminal cases 36,601 and 3309/23, and denounces the monopoly on minerals in Argentina

By: Pablo Rutigliano

Criminal case 36.601/25 lays bare how Argentina remains trapped in a web of arbitrariness, abuse of power, and institutional complicity that protects the mining elite and punishes those of us who promote transparency, innovation, and economic sovereignty.

What happened with Atómico 3 was not an isolated incident: it was a planned operation involving the National Securities Commission (CNV), the National Mining Secretariat, the CAEM, the San Juan Mining Chamber, and national and provincial officials. Instead of defending the interests of the Republic, they blocked innovation and supported the plundering not only of lithium, but also of other strategic resources.

10/16/24: Complicit silence

On October 16, 2024, at 4 p.m., at an officially recorded meeting, I appeared—as president of the Latin American Chamber of Lithium—before the National Secretary of Mining. There, I clearly denounced the under-invoicing of lithium carbonate. He listened to me (...) but did not act.

Back in 2022, he had sent emails to national legislators with the same warning. No one responded. Officials who swear to defend the Constitution and protect Argentina's natural resources chose to look the other way.

That silence is not negligence: it is complicity.

Meanwhile, the justice system moved forward: it seized and prosecuted Livent—now Rio Tinto—for under-invoicing and lithium smuggling. Faced with such evidence, the Secretary's passivity makes him directly responsible. He must be removed and tried in case 3309/23, along with those who held that position before him.

The orchestrated lie

Before that meeting, the plan had already been written. A previous meeting was attended by the president of CAEM, the National Secretary of Mining, the president of SEGEMAR, officials from the CNV, and their legal advisor. There, they decided to neutralize the complaints and fabricate a story to cover up for the companies.

They defamed the Latin American Chamber of Lithium, attacked the Metals and Futures Market, and sought to discredit our proposal to tokenize mining assets.

The proof of their true objective came later: once the CNV suspended Atómico 3, they promoted their own partners to develop tokenization on their own.

They used the government to destroy a company and take over the business. Pure cartel monopoly.

The farce of the "free market"

The Secretary of Mining talks about the "free market," but the reality is brutal: Argentina lost $4.3 billion due to under-invoicing and smuggling of lithium carbonate.

At my last meeting, I proposed the creation of the Argentine Metals and Futures Market to set prices and guarantee transparent contracts.

The response was embarrassing: "The only market is London or Shanghai."

A CNV official even described the initiative as "the serpent's egg," attempting to discredit a project of economic sovereignty.

The truth is obvious: they themselves are the real serpent's egg.

What free market can we talk about when business is monopolized, cartelized, and manipulated by business chambers and complicit officials?

The Secretary of Mining, the president of CAEM, and CNV repeat empty rhetoric. They must resign immediately.

The CNV: central cog

The CNV, wrapped in paper and plastered with posters, was a key player. With Resolution 1081, it blocked the progress of Atómico 3, disguising what is really censorship as regulation.

Dr. Arriola, a researcher at the agency, became the spokesperson for this plot, commenting on the Metals Market when case 12.533/22 CCF had already determined that the CNV lacked jurisdiction in that area. Another abuse of power, another cog in the wheel of abuse.

Added to this is one of the most blatant lies: claiming that there was "no lithium" in San Juan, which was refuted by the governor himself in 2017 and by SEGEMAR reports that publicly acknowledge its existence. This is yet another example of the hypocrisy of those who protect privileges and maintain cartelization.

A network that persists

Nothing changed. The same officials from the CNV and the Mining Secretariat remain in their positions, proof that the networks of complicity are still active.

From there, they orchestrate smear campaigns to block a tokenization model based on transparency, traceability, and sovereignty.

Case 3309/23, which I filed in 2023, confirmed what we had been denouncing: under-invoicing and lithium smuggling. Livent—now Rio Tinto—was charged, while the National Lithium Board, its member governors, and former ministers from the previous government remain silent.

A message to President Javier Gerardo Milei

President Milei: Where are the new people who were going to transform Argentina?

Key positions remain in the hands of the same people as always: those who remain silent, those who endorse, those who protect monopolies and cartelize the industry.

To maintain them is to allow the plundering to continue.

The National Constitution requires the defense of the sovereignty and natural resources of the Republic.

Without a firm political decision, the freedom and competitiveness you promise will remain an illusion. If you do not confront the mining caste and its accomplices, Argentina will continue to lose, and the damage will be irreversible.

The end of impunity

The truth is stark: more than $4.3 billion lost due to lithium under-invoicing. That figure is evidence of looting.

Everyone—both those from the past and those from the present—must be held accountable before the justice system and the Argentine people.

The only solution is for those responsible to pay for what they did against Atómico 3, against the Argentine Metal and Futures Market, and against the nation itself.

The game is over. Justice awaits them.