Government of Mexico

The Federal Prosecutor’s Workplace (PFF) has filed a criticism with the Lawyer Basic’s Workplace (FGR) in opposition to the rector of UNAM Enrique Graue for alleged tax fraud of 308,135 pesos, attributable to non-payment of revenue tax (ISR). in 2018. The PFF is accountable for reporting crimes in tax legal issues within the occasion of alleged fraud in opposition to the Public Treasury.

It’s the first time that the Prosecutor’s Workplace will examine a rector of the Nationwide Autonomous College of Mexico, based on what was revealed by the newspaper Reforma. The criticism signifies the existence of a attainable crime of tax fraud in opposition to the Public Treasury. The criticism earlier than the Tax Prosecutor’s Workplace has been offered to the authority anonymously and never by an audit or tax verification process, as normally occurs.

Through the fiscal 12 months of 2018, the previous rector declared revenue of seven.2 million pesos, when his revenue was truly 8.1 million, based on the criticism. At the moment he was nonetheless president of the college. “This quantity is a comparatively small quantity,” says Marco Antonio Mendoza, a lawyer specializing in tax issues and a part of the Tax Fee of the Mexican Institute of Public Accountants (IMCP). “Typically, a course of just isn’t initiated in opposition to a taxpayer for this quantity,” provides the specialist.

Tax crimes are financial crimes that include defrauding the general public treasury by non-payment of taxes, explains the skilled. If discovered responsible, the previous rector might face a sentence of three months to 2 years in jail, though Mendoza considers it unlikely that he would ever go to jail for the reason that quantity concerned was lower than 1.7 million pesos. “It’s a minimal penalty that in lots of instances might end in a attainable conditional suspension of the method,” feedback the lawyer. “In any case, the harm might be repaired by paying a effective plus surcharges and requesting the suspension of the method with out issuing a conviction,” provides Mendoza.

In Mexico, tax fraud is punishable by this penalty if the quantity defrauded doesn’t exceed two million pesos. If the determine is bigger than two million, the penalties vary from three to 5 years in jail. The specialist explains that he sees justified preventive detention as unlikely as a result of in one of these crime the regulation establishes that if the defrauded quantities are paid, the tax authority will be requested to not proceed with the process.

Regardless of all the pieces, the lawyer factors out that there’s little or no time left for the investigation for the reason that tax regulation itself offers a interval of 5 years to file the criticism, so it’s attainable that no motion can be taken in opposition to the previous rector. “If stated declaration was offered in 2019, there can be the opportunity of the case being precluded and dropping the appropriate to file stated criticism,” provides Mendoza.

An ophthalmologist and profession educational, Graue was rector of the UNAM from 2015 till final 12 months and was changed by Leonardo Lomelí in November 2023. His final 12 months in workplace was marked by a tense relationship with the Govt Department and criticism from the president. López Obrador who accused the college of “going proper” throughout his administration. His defenders acknowledge his serene disposition and his staunch protection of the autonomy of the best Home of Research.

The lawyer explains that the distinction between quantities might vary from a numerical error to an error of not contemplating sure revenue. “The trigger will be something from a easy involuntary omission to a deliberate one,” he feedback. “We must know the place that revenue got here from or if maybe there have been some extra undeclared quantities, up to now all the pieces is theory as a result of we all know little or no concerning the case,” says Mendoza.

Graue has been a member and consultant of the academic sector on varied governing boards of the Nationwide Institutes of Well being. He was additionally a part of the Basic Well being Council and was head of the capital’s Well being Advisory Council. He’s at the moment a part of the board of trustees of the Fundación Conde de Valenciana Institute of Ophthalmology. He was additionally president of the Nationwide Academy of Drugs, between 2015 and 2016, and was a world advisor to the Analysis Committee of the Nationwide Eye Institute in the US, in 2006.

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