Mexico City.- A federal judge denied the protection of René Gavira Segreste, former head of the Administration and Finance Unit of Segalmex, against the process initiated against him for the alleged illegal purchase of stock certificates for 100 million pesos, with resources from the decentralized organization.
Jorge Antonio Medina Gaona, the eleventh judge of the District Court for Amparo in Criminal Matters, denied him the protection of justice against being prosecuted for the crime of unlawful use of powers and faculties, considering that this resolution does not violate his rights to legal security and due process or any other constitutional guarantee.
According to the ruling, the link to the process issued on December 13 by José Rivas González, control judge of the Federal Criminal Justice Center of the Northern Prison, specified place, time and circumstances of the crime, its legal classification, degree of involvement of the accused and the person who accuses him.
“In other words, the evidence allows us to assert that, as a public servant, he granted authorization to purchase private trust securities with public resources, when he did not have the authority to do so,” the ruling on amparo reads.
“Based on the background presented, the undersigned considers that none of the principles governing the accusatory system or any right that he had as an accused in the respective hearing was violated.”
Gavira’s defense claimed in the appeal that, during the hearing in which he was prosecuted six months ago, Judge Rivas “transgressed” the dignity and presumption of innocence of the former official, because he made reference to alleged acts of corruption and said that his conduct was criminally reprehensible and impunity should be avoided.
The argument, however, was rejected by the amparo judge.
“Such an assessment is erroneous, given that in general terms, this principle is defined as the right of every person accused of committing a crime to be considered innocent until such time as his or her guilt is legally proven,” added Medina Gaona in his ruling.
“The plaintiff is wrong, since the reproduction of the hearing shows that none of the parties involved, including the social representation (FGR), made any accusation against him in the sense he refers to, a procedural action typical of the intermediate stage.”
The ruling has already been challenged by Gavira, so that a circuit court will ultimately decide whether or not this process, one of the five that have been initiated against him, should continue.
In this case, the Attorney General’s Office accused Gavira of illegally investing public funds in the Stock Exchange, since the law prohibited him from doing so, unless it involved government securities.
On June 25, 2020, he signed a contract of intent in which he authorized Jesús Blancas Cabrera, promoter of CI Banco Casa de Bolsa, to purchase 100 thousand private stock brokerage certificates for 100 million pesos.
The funds were transferred to the CIC/3050 trust, established on July 27, 2018 by the company Corporación en Asesoría Financiera (Corafi) and CI Banco, to be invested in the Mexican Stock Exchange in stock certificates, with the promise of returns of 11 percent.
The Federal Public Prosecutor’s Office issued a criminal opinion stating that Corafi did not have the authorization to hold trusts or collect funds, that is, they were not regulated by the National Banking and Securities Commission.
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