By unanimous decision of the members of the Superior Chamber of the Federal Court of Administrative Justice (TFJA), it was determined that Andrés León Reguera and Juan Alberto Bravo Hernández must return 216.3 million and 230.8 million pesos, respectively, for simulating the stainless steel purchase at a higher price during the construction of the Trail of Light.
Both convicts worked for III Servicios, SA de CV, a Pemex subsidiary, in charge of hiring the private companies that carried out the work. León Reguera, worked during the construction of the memorial as a construction site resident, while Bravo Hernández was an administrative technical advisor.
Judge Nora Elizabeth Urby Genel was in charge of presenting the project to the federal court, who indicated that this sanction was stipulated after the audit carried out by the Superior Audit of the Federation (ASF) in March 2019 to those responsible for the work, a commemorative monument of the centenary of the Mexican Revolution and the bicentennial of Independence built during the presidency of Felipe Calderón.
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Among the allegations of his presentation, Urby Genel pointed out that on April 28, 2010, Andrés León and Juan Alberto Bravo ruled an apparent change of stainless steel, which implied an increase in the cost of the project by 316.5 million pesos, however this did not happen.
“Not only did the type of steel originally contracted not change, but neither did the diameter,” he said.
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It is worth mentioning that the actors challenged the resolution of the General Directorate of Responsibilities of the ASF, arguing that there was no damage to the Public Treasury because the money came from the trustee (Banj Ejército) and was paid to III Servicios SA de CV and both belong to the Federal Public Administration (APF), however the judge-rapporteur indicated that the resources were used improperly causing damage.
Those sentenced can still challenge the TFJA ruling, through direct protection before a collegiate circuit court in administrative matters.
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