CDMX.- Without having a court ruling, the National Institute to Give Back to the People the Stolen (Independent) sold seven luxury vehicles insured to a criminal hacker organization, and is now facing a lawsuit.
And it is that high-end units, such as Ferrari, Lamborghini, McLaren and Mercedes Benzlegally could not be disposed of and apparently were not owned by the defendants.
On May 15, 2019, the Attorney General’s Office (FGR) and the Army dismantled in León, Guanajuato, the organization of hackers calling themselves “Bandidos Revolutions Team”, accused of stealing at least 300 million pesos from different banks.
Nine alleged members of the organization were arrested in the operation, including the leader Héctor Ortiz Solares, “El H-1.” The next day, the Prosecutor’s Office secured 27 vehicles. The Sotecami Intermediary company filed a judicial claim for the return of 11, since it claimed to have signed consignment contracts for their sale.
Seven months later, Indep sold 7 of those cars at the mega-auction held in Los Pinos on December 15 and 16, 2019.
The organism, dependent on the Secretary of Financeentered 28.6 million pesos from the sale of the vehicles to people from Sinaloa, Querétaro, Quintana Roo, the State of Mexico and Guanajuato.
However, on those dates none of the vehicles had a judgment of forfeituredomain extinction or declaration of abandonment, with which the units could be used.
REFORMA asked Indep for its version on this matter and responded that they would first review the information on the case, before issuing a position.
Intermediary Sotecami claims in her lawsuit that she was aware of the auction until September 24, 2020, that is, nine months after the cars were sold.
It was on that date that he complained in writing to the Prosecutor’s Office Specialized in Organized Crime Matters (FEMDO) lift the insurance and return the cars. Since the answer was negative, he filed an amparo.
Securing is a temporary precautionary measure that prevents an asset from being disposed of or transferred while an investigation is carried out and the responsibility or innocence of the owner is determined; that is to say, the authorities cannot dispose of them, until the dictation of a final judgment of guilt and ordering the confiscation.
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FGR officials consulted commented that in this case there was no declaration of abandonment and, although a domain forfeiture claim was filed, the assets claimed in it were the hackers’ bank accounts and not their vehicles.
The head of the FEMDO, Alfredo Higuera Bernal, asked the Special Prosecutor for Internal Affairs to investigate any possible crime committed by federal prosecutors in the case of vehicles seized from hackers.
But this matter has already escalated to the point that a federal judge also opened a proceeding for judicial contempt in which he asked to analyze the dismissal of high-ranking officials, although not from INDEP, but from the FGR, including Higuera himself.
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