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The Attorney General’s Office of Mexico (PGR) and the Financial Intelligence Unit (UIF) investigate the magistrate Manuel Bárcena, who ordered to reinstate the lawsuit against Amado Yáñez for the breakdown of 5.3 billion pesos from Banamex. The verdict could lead to the release of the owner of Oceanografía.

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The Attorney General’s Office (PGR) and the Financial Intelligence Unit (UIT) –dependent of the Secretariat of Finance and Public Credit- investigate the magistrate Manuel Bárcena Villanueva, head of the Second Unitary Criminal Tribunal of the Federal District (Mexico City), who would have ordered –at the end of past October-to reinstate the judgement for the breakdown of 5,312,329 thousand pesos against the Banca National de México, SA (Banamex), against the impresario Amado Yáñez Osuna.

The recent verdict compels the PGR to present once again the accusation and could derive in the release of the owner of Oceanografía. Now the decision depends on the Third Unitary Criminal Tribunal of the Federal District, who will have to give a sentence.

According to the court Bárcena Villanueva the majority of the documents that allegedly incriminate the businessman in the fraud are not official and cannot be admitted as proof. The documentation presented by the Federal Public Ministry has no legal authority, argued the magistrate, as they are photocopies.

The investigation of the PGR and the UIF against the magistrate has in main line to discard or confirm the presumed act of corruption, underline close sources to the case. The sentence, as well as the inquest occur 6 months after that the federal judge of the Eleventh District for Amparo Lawsuits in Criminal Matters of the Federal District, José Alfonso Montalvo would deny Amado Yáñez the amparo lawsuit to obtain freedom on bail, and 2 months before the businessman would demand “to be judged with documents and real facts”.

According to the daily newspaper Milenio (3rd of August 2015, Yáñez Osuna asked to invalidate the witness of the employee of Oceanografía Jorge Alejandro Hernández who assured that the PGR made him sign under threat false declarations dated a day before the naval company was intervened.

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The accusations of the breakdown

Since the warrant was issued against Amado Yáñez in June 2014, the PGR has said that the owner of Oceanografía and his associates are responsible for fraud against Banamex for 5,312,329 pesos.

For the judge in charge of the case –Rubén Darío Noguera Gregoire, head of the Fourteenth District Court for Federal Criminal Cases of the Federal District-, elements against Yáñez Osuna existed, for which it issued a warrant without bail on the 27th October 2014.

The accusation is based, among other evidence, on the opinion of the National Banking and Securities Commission (Comisión Nacional Bancaria y de Valores, CNBV), that determined that Oceanografía did commit fraud against Banamex, as to obtain the credits for an amount of 8,080 million pesos, the company used apocryphal illicitly linked to Petróleos Mexicanos (PEMEX).

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It was on the 20th of February 2014 when the bank board was informed that most of the credits that were granted to Oceanografía did not have the support. As Contralínea was informed that day the parastatal company let the then General Director of Banamex Javier Arrigunaga Gómez del Campo know, that “a significant portion of the of the accounts receivable to Pemex registered by Banamex in the discount program were fraudulent”.

At that moment the bank registered its financing books of short term to Oceanografía for an amount of 7,650 million pesos, as part of a discount program of receivable accounts with Pemex; and other 430 million pesos in direct credits as well as in credit cards (Contralínea, issue no. 387).

The report of the CNBV with folio 141-2/111089/2014, to which this weekly magazine had access, details that the very own financial institution incurred in “several flaws and deviations to the internal proceedings” by granting credits to Oceanografía.

Among these irregularities point out the “detachment to the policies and internal procedures”; “deficiencies in the internal control system”; “flaws in the processes of origination [sic] and credit administration”; “deficiencies in the contracts”, in “ the risk assessment” and the “internal scrutiny”. Other anomalies have to do with the alleged loss of the file.

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Pending accounts of Oceanografía

Despite that the formal accusations of the PGR against Amado Yáñez were limited to the billionaire embezzlement to the local branch of Citigroup, they as well as their associates would have incurred in illegal activity. The most outstanding has to do with the alleged proximity with organized crime, the fraud of Pemex through the contracts and the billionaire debt with the tax authorities.

As it seems the joint investigation of the PGR and the CISEN indicate that the associates of Oceanografía would be involved in the trafficking network of stolen fuel to Pemex and money laundering for the Gulf Cartel.

The inquest, made public by Contralinea in April 2014, documents that Amado and Carlos Daniel Yáñez Osuna, Martín Díaz Álvarez, Francisco Javier Rodríguez Borgio, Oliver Fernández Mena y Hermilio Escobedo Obrador would have laundered own capitals as well as of the drug trafficking throughout four companies established in the US, the Caja Libertad, the Big Bola casinos, the soccer team Gallos Blancos and the electoral campaigns of Pan politicians. Furthermore they would have distributed the sacked products of the parastatal oil company throughout over 60 oil stations.

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Concerning the fraud of Oceanografía over Pemex, the joint inquest refers that the latter could exceed 46 billion pesos. In the investigation led by the PGR 106 contracts were classified as “relevant” for their alleged evidence of corruption.

Added to this the company of Amado Yáñez has been linked with embezzlement on three foreign banks (among them the Dutch Rabobank Group) for 389.5 million dollars and 230.8 million euros; furthermore the proprietary damage against the Mexican Social Security Institute (IMSS) and the National Workers Housing Fund Institute (INFONAVIT) for at least 128 million pesos.

Another pending affair of the owners of Oceanografía is with the tax authority: on the past 22nd of September Aristóteles Núñez –head of the Tax Administration Service (SAT)- revealed to the press that the company Oceanografía owes 22 billion pesos in taxes that, he said, must be settled.

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Assured assets

Confronted with the likelihood of the release of Amado Yáñez Osuna, the federal authorities have been studying the way to maintain the asset freeze on his properties, including the enterprise Oceanografía and over 30 assured ships held by the PGR and the Administration and Asset Freeze Forfeiture Service (Sae), report consulted sources.

According to his version, 12 of the 30 vessels have run out of fuel, reason why they are not operating. Concerning the crew, the Sae still is pending of payments of 800 employees, of which only 400 provide professional services.

And despite that the remaining 400 employees lack any activity for the time being, they are receiving their salaries on time, as they still are under responsibility of the federal authorities.

(Translated by: Axel Plasa)

RELATED TEXTS:

Contralínea 462 / del 09 al 15 de Noviembre 2015

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