FGR Requests Arrest Warrant for Garcia Luna on Embezzlement & Money Laundering Charges

"Socalj" for Borderland Beat

The Attorney General of the Republic (FGR) requested a new arrest warrant against Genaro García Luna, former Federal Public Security Secretary, for the crimes of embezzlement, organized crime, and operations with resources of illicit origin or money laundering.

The new arrest warrant came out at the same time as a statement from the Financial Intelligence Unit (UIF) of the Ministry of Finance and Public Credit released a list of 44 companies and eight people who helped García Luna, his partners, and family members. to divert $745.9 million. One of the companies involved is Nunvav, the same one indicated by the UIF, according to Aristegui Noticias.

However, a control judge refused to issue the arrest warrant because he considered that the Federal Public Ministry only presented evidence related to the request, but without arguing how said evidence proves that the defendant committed the illegal conduct that they attribute to him

The prevention granted the Federal Public Ministry a period of 15 business days to correct all the deficiencies of its request, which runs out this Friday. Once the Control judge has the response of the prosecutor in charge of the case, he must resolve within 24 hours to define whether to issue or deny the arrest warrant against García Luna, according to court reports.

It adds that the Federal Public Ministry does not reason on why the defendant is likely responsible for the commission of the crime of operations with resources of illicit origin, because "he makes statements related to the facts", but in a "very generic and ambiguous" way.

Regarding the crime of embezzlement, the judge points out that the FGR omitted to establish the reasons why the public servants assigned the investigated contracts without prior bidding and awarding them through direct awards to "front" or "ghost" companies.

In this context, it is noted that the claim of the Prosecutor's Office does not clarify how the companies that benefited from the public contracts were linked to other companies that were invited to participate in the direct award processes.

The federal judge even questioned that in the request of the FGR to issue a new arrest warrant against Genaro García Luna for the crime of embezzlement, no reference is made to the start or conclusion of an audit on the diversion of public resources, from which derives an indication of presumed administrative or criminal responsibility against the public servants involved.

The judicial prevention adds that it is not clear whether the fiscal situation of the companies involved implies that the crime of embezzlement has been committed.

"The above, because one thing is that the related public servants had committed the crime of embezzlement because they allocated resources irregularly and illegally, to the degree that they could incur not only administrative but criminal responsibility, and another is to act irregularly or illegally. by the person who was the beneficiary of these contracts”, warns the Control judge.

Regarding the links of the former Secretary of Federal Public Security with organized crime, the judge in the case considers that they should not be included in the petition for the injunction unless they are directly related to the crimes of embezzlement, money laundering, and organized crime, based on the contracts awarded to Nunvav.

Finally, the judge in the case asks the prosecutor in the case to argue the precise circumstances of each defendant, explaining which is the deposits and transfers of money that are directly related to the contracts awarded by Nunvav for the diversion of public resources, for which he points out what following in the court agreement: This argument should not be expressed in years, but in specific days, since according to his references, he has account statements, from which, of course, this information can be obtained.

List of Corrupted Contracts

A list was also presented of people sued by the Mexican State before the Florida State Courts for the recovery of assets illegally extracted by the corruption network allegedly headed by Genaro García Luna, including the former secretary himself and his wife Linda Cristina Pereyra, and a list of 44 persons.

“Under the auspices of García Luna, a family business conglomerate that operates in different countries obtained 30 contracts with various public security agencies in Mexico, from which public resources amounting to $745.9 million were extracted, and the examination of other operations," the agency said.
"Benefits that were transferred abroad through mechanisms aimed at hiding the trail through the use of tax havens, and applied in the acquisition of movable and immovable property and other assets in North American territory, in the state of Florida," he added.

The UIF claims to have identified García Luna's corruption network, its form of operation, the amounts, and the route that the resources followed. "Consequently, it included in the List of Blocked Persons those who participated in this conspiracy and denounced them before the Attorney General's Office, on December 24, 2019," he recalled.

The properties judicially insured in the civil proceeding against the corruption network allegedly headed by García Luna –for a value of $17,930,402 are also presented, as well as the identified movable assets. "Forty-two (42) vehicles were located in the name of the defendant natural and legal persons, which were presumably acquired with illegal resources," the document highlights. Vehicle brands include Fiat, Ferrari, Lamborghini, and Jaguar.

Most of the real estate is in the cities of Aventura, Miami, and Sunny Isles Beach, Florida.

Source Riodoce, Proceso