Chihuahua.- While the State Attorney General’s Office (FGE) keeps 70 Aras properties insured, the sentence against the financial company found guilty of fraud, which requires the auction of its assets to pay more than 4,300 victims, remains unfulfilled, due to a protection trial in federal courts.
The assets have been seized by the FGE for two and a half years, but their integration into a fund ordered by justice to proceed with their auction has not been possible because a legal representation of Aras, not recognized in the state judicial process, claims in federal justice the annulment of the trial that led to the sentence against the company.
On December 14, 2023, Judge Hortensia García handed down a sentence to the company Aras Business Group, in the first criminal resolution issued in Chihuahua against a legal entity, which was accused of the crime of fraud in an abbreviated procedure.
The financial company, whose owner Armando Gutiérrez Rosas is a fugitive from justice, was sentenced to pay 884 million 411 thousand pesos, as well as three million 180 thousand dollars to the victims of the crime that accumulated for months.
In this process, however, two litigants were dissatisfied from the beginning, one on behalf of a group of complainants and the other as a legal representative of Aras and its owner who has managed to evade state justice.
From the beginning of the process, the lawyer Ericka Jasso Carrasco was dissatisfied for not having the legal representation of the company, which was recognized only by the lawyer Arturo Benavides, with a power questioned before the judge, who, however, validated her legal personality. representative of the accused party.
The ruling, which ordered the financial company’s assets to be pooled to be auctioned and a fund to cover the repair of the damage, was appealed in a second criminal instance, so it was up to the magistrate of the First Chamber of the Superior Court of Justice to review it. State, Jorge Ramírez Alvídrez.
After the review, on February 23 of this year, Ramírez Alvídrez validated the resolution of the first instance judge and ordered its compliance in all its terms, however, other disagreements took the case to federal justice, which has not finished. resolve to date.
THE UNFULFILLED SENTENCE
Aras Business Group was found guilty of aggravated fraud, for events that occurred between September 11, 2019 and December 22, 2021, to the detriment of 4,355 people, for which it should pay compensation for the damage, for which they would be seized 70 real estate properties insured by the FGE, to allocate the resource to a trust that will be responsible for paying the victims.
The legal representative of the financial company, Luis Benavides, accepted the company’s responsibility for the accusation of fraud that exists against it against the complainants, with an accumulated loss of 940 million pesos.
With the acceptance of guilt, it was agreed that a trust will be used that will be administered by the state body, in this case the Executive Commission for Attention to Victims, which will be in charge of repairing the damage to those affected, using the insured assets. to Aras Business Group.
By order of Judge Hortensia García Rodríguez, Aras Investment Business Group must pay the damage generated to the 6,697 affected people who filed a complaint with the State Attorney General’s Office (FGE) for the crime of fraud, and not only to the 4,355 victims who appear in criminal case 056/2023, which was sentenced in an abbreviated procedure.
The ruling includes the request to the National Banking and Securities Commission to cancel the financial company’s accounts; to the Ministry of Economy, so that the company’s registration is eliminated, and to the Executive Commission for Attention to Victims (Ceave), since it will be in charge of coordinating the repair of damage to those affected.
However, to date the state authorities have not proceeded to comply with the judicial resolution, due to the process in the federal justice system that remains open, six months after the sentence handed down.
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