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.
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– 2024-05-31 10:02:33