FGR

Mexico Metropolis. A collegiate court docket of attraction revoked the ruling of a federal choose who declared inadmissible the extinction motion that the Lawyer Common’s Workplace (FGR) intends to use to the residence of Emilio Lozoya Austin, former director of Pemex, in Lomas de Bezares, Ciudad of Mexico, allegedly acquired with the bribes he obtained to purchase the Agronitrogenados scrap plant, which was owned by Altos Hornos de México (AHMSA), valued at 38 million 175 thousand pesos.

Judges Monserrat Cid Cabello, Ariadna Chávez and Andrés Pérez, of the First Collegiate Courtroom of Enchantment in Civil, Administrative and Specialised Issues in Financial Competitors, Broadcasting and Telecommunications, resolved that it’s applicable for the prosecution to use the forfeiture of possession to the property.

Unanimously, the judges invalidated the decision of Ana Lilia Osorno, head of the Second District Courtroom on Area Forfeiture with jurisdiction within the Mexican Republic, who declared the FGR’s declare inadmissible.
On the finish of November 2023, Osorno Arroyo denied that Lozoya Austin’s residence was transferred to the federation. Nonetheless, even when the previous official obtained authorized victory, it didn’t imply that the authorities returned the property to him, for the reason that choose He indicated that there must be a remaining ruling. As well as, the residence is in dispute within the legal proceedings in opposition to Lozoya Austin within the Odebrecht case.

On that event, the choose maintained that the 2019 Nationwide Asset Forfeiture Regulation was not relevant to this case, as a result of the previous director of Pemex bought the property in 2012 and the crime of operations with assets of illicit origin was not contemplated within the Structure as one of many illegalities to say property. Given this dedication, the FGR appealed the ruling.

The case was determined by the First Collegiate Courtroom of Enchantment in Civil, Administrative and Specialised Issues in Financial Competitors. It decided that the sixth transitional article of the Nationwide Area Forfeiture Regulation says that this rule is relevant since its entry into drive in 2019, “no matter whether or not the assumptions for its origin have occurred beforehand”, due to this fact, it said that sure It was applicable to demand the extinction of Lozoya Austin’s property, though in 2012 cash laundering was not one of many crimes for which a lawsuit of this nature might be filed. Nonetheless, Lozoya Austín can attraction the sentence via an amparo trial.

In Might 2019, parts of the Federal Ministerial Police, depending on the FGR, searched and secured the property as a part of the investigation FED/SEIDF/UNAI-CDMX/000289/2019, which was carried out by the Specialised Investigation Unit in Crimes Dedicated by Public Servants and in opposition to the Administration of Justice.

In accordance with the investigations, the residence was acquired by Lozoya with the three.4 million {dollars} that the proprietor of AHMSA, Alonso Ancira, gave him in change for authorizing Pemex to purchase the Agronitrogenados plant, even realizing that it was unusable.

Mexico City. The Attorney General’s Office (FGR) brought criminal action against Alejandro Iraragorri Gutiérrez, owner of the Santos Laguna Club, for alleged fraud against the treasury for 17 million 69 thousand 865 pesos.

The Special Prosecutor’s Office for Relevant Matters of the Prosecutor’s Office for Competence Control (FECC) of the FGR requested an initial hearing at the Federal Criminal Justice Center of Coahuila, based in Torreón, to formulate the accusation and request the connection to the process of the director of the equipment.

However, the crime for which he is accused does not warrant ex officio preventive detention and in the event that a federal control judge links him to proceedings, he would face the case in freedom, unless there was some risk of escape.

The FGR opened the investigation against Irarragorri since June of last year after the Tax Administration Service (SAT) found alleged anomalies in the administration of the Santos club related to the payment of ISR.

Judicial records indicate that Iraragorri, being president of the Board of Directors of Santos Laguna SA de CV, committed the crime of tax fraud according to the investigation folder FED/FECOC/UEIDFF-COAH/0000859/2023. Investigations even indicate that the managers allegedly coordinated a strategy to evade the payment of ISR on the deposits and registered them as compensation premiums for work risk, to be exempt from said tax.

Last February, the owner of the Santos Laguna Club obtained protection from the tenth district court in matters of protection, based in Mexico City, which ordered the FGR to give him access to the investigation folder in which the representatives of the Santos Laguna soccer team, for the alleged omission of the payment of income tax (ISR) related to the salaries of the players during the first half of 2017, which exceed 54 million pesos.

The judicial resolution indicates that the agent of the Federal Public Ministry, Nallely Ramírez Sepúlveda, a member of the Specialized Unit for Investigation of Fiscal and Financial Crimes (UEIDFF), of the FGR, had to give access to the investigation to the representatives of Santos Laguna.

However, the prosecution challenged the judge’s ruling. The case was turned over to a collegiate court who will determine whether to confirm, modify or revoke the first instance ruling.

The investigation against Alejandro Irarragorri, owner of the Santos club, of Atlas and Sporting Gijón of Spain, would be focused on tax fraud due to the omission in the payment of taxes on the salaries of players and members of the technical staff of the Torreón team in the fiscal year. of 2017.