Mexico City.– A federal court upheld the cancellation of three of the four crimes charged to Judith Aracely Gómez Molano and Captain Humberto Antimo Rivera, former Chief Officer of the PGR and former Director of Institutional Security of the PGR, respectively, in a case for alleged illegal contracts worth almost 100 million pesos.
This is a matter in which the Attorney General’s Office (FGR) accused the former officials of having allegedly improperly hired 7 companies for a total of 99 million 999 thousand 927 pesos, with resources from the Public Security Department. and National 33701.
The First Collegiate Court of Appeal in Criminal Matters of Mexico City confirmed not to link the former collaborators of Jesús Murillo Karam to trial for comparable fraud, embezzlement and criminal association, concluding that the crimes were statute-barred or lacked elements.
But the court’s magistrates resolved that there were elements to keep the process in force for the crime of improper use of powers and powers in two of its modalities.
With their ruling, they ratified in the same terms the ruling issued on March 1, 2023 by Beatriz Moguel Ancheyta, control judge of the Federal Criminal Justice Center of the Oriente Prison, who did not find evidence to support 3 of the 4 crimes.
“These actions, without an evidentiary reference, become inoperative, consequently they are insufficient to reject what was decided by the control judge, particularly that the accused were associated – as a form of functional structure – to commit a crime,” says the judge’s ruling.
“Without prejudice to the fact that it could actually be established that those involved carried out the alleged conduct, the appellant (FGR) does not refer to the evidence from which the alleged conduct can be demonstrated.”
According to court records, at least Antimo has already filed a claim for protection against this ruling that leaves the process for a single crime in force.
The Specialized Legal Affairs Unit of the FGR also presented an amparo against the same resolution, an appeal that public entities can resort to when there is an impact on their assets, as in this case the Prosecutor’s Office estimates.
Although the charge was for contracts totaling 99 million 999 thousand 927 pesos, both the judge and now the court established that the resources allegedly diverted were 69 million 759 thousand 436 pesos and that the remaining 30 million 240 thousand 491 pesos were expenses that were legally justified.
The money was from the Public and National Security Fund 33701, regulated by a Manual that establishes that its resources can only be authorized for expenses that meet the requirements of urgency, risk and confidentiality.
The questioned contracts were awarded to the companies Business Consulting in Communications, Nuga Sys, Concretech, Esiglo Ti and Cybernetic Technology Group, LAA Construction Company and Zogbi Commercial Distributor.
They were paid for technology for the security of PGR communications, software and antivirus license updates, information encryption tools, digital erasers, and computing infrastructure.
Also for the preparation of the architectural project for the FGR Training and Professionalization Institute, at the “La Muralla” ranch in Querétaro; and the reagents to prepare DNA profiles, used to identify missing persons.
The judicial authorities considered that the only expenses that met the requirements of urgency, risk and confidentiality were the 26 million 779 thousand 491 pesos paid to Nuga Sys and the 3 million 461 thousand pesos to Zogbi.
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