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Mexico. -
A single clause in the factorage contract was enough so that Amado Yañez
Osuna, in its character of unique administrator of Oceanography, and like
representative of Banamex: Alfonso Gerardo Ortega Brehm, director of Products
of Credit of the Corporate Banking; Emilio Gonzalez Granja Gout, managing
manager of the Unit of Energy and Chemical, and Erick Cervantes Murillo,
analyst of business, they defrauded with 354 million dollars to the
bank. The contract was signed in
September of 2012, 11 months before they started the mechanisms with which
the fraud was summed up, it reveals the resolution of the tribunal 14 of district
in penal matter on Mexico City that sustains the orders of apprehension
liberated against those involved in that crime, to application of the
PGR. The tribunal settled down that
the unique administrator of Oceanography and the officials of Banamex made “crimes
that are serious", because that “are to be serious", because they
damaged “goods of great hierarchy guided by the State, like they are the
stability and solidity of the financial system."
The judicial verdict points out that with
base in the tests contributed by the Federal Public Ministry, the fraud to
Banamex was a continuous crime, “since the facts were developed among
September of 2013 and up to February 10, 2014", and in that period 166
false and altered estimates of the contracts were presented that Oceanography
made with Pemex Exploration and Production. For them, the criminal company
signed a contract of the one which Emilio Gonzalo Granja Gout said to the
PGR: "I knew that it had been carried out and revised by the legal area,
the product area was also according with the content and as me I am not a
lawyer I found correct besides that I considered that with this contract the
bank will be better protected". The agreement was signed September 21,
2012. By Oceonagrafia, Amado Yañez Osuna; by Banamex, Emilio Granja Gout and
Alfonso Gerardo Brehm. The resources were deposited in current account
296633, open November 24, 2009 to name of Oceonagrafia; their handling was in
charge of Leonardo Olavarrieta Tinoco, Alfredo Vicente Briceño Perera and
Dear Yañez Osuna.
Serious crimes
In the contract the clause 5.8 was made a
pact that points out to the letter: "In any moment Banamex will have the
obligation or responsibility of to determine or to check that the documents
that evidence the collection rights are valid and legally they are demanded,
neither if its text is correct, neither if the original signatures that they
appear in this document correspond the signatories, neither if the parts that
took place in this documents had to the moment of its celebration enough
abilities for it". The suspicious took advantage of “its relationship
with high officials of Banamex", they achieved it to take place the
contract regulator among Oceonagrafia and the bank, and “the active fellows
with officials' quality and employees of the credit institution intervened
directly in the realization or authorization of operations, knowingly that
they would be in I smash or damage to the patrimony of the mentioned credit
institution", it considered the tribunal intervener. Farm Gout, Ortega Brehm
and Cervantes Murillo “entered 166 documents like true estimates of Pemex
Exploration and Production knowingly that are false and others altered, and
that to the moment in which they deposited 90 percent from each estimate to
the current account concentrator was carried out a disaster to the bank
institution."
The criminal net operated in the following
way: Erick Cervantes Murillo (analyst of business in the branch Banamex of
Villahermosa, Tabasco) he had assigned as “function of receiving the
documentation of Oceanografia (relationship of collection rights in original
and work estimates for the surrender in simple copy"; his duty was to go
to the unique window of Pemex to certify that the estimates were in the
database of Pemex, and that the value captured in each document was the
payable one for Pemex Exploration and Production in a future to this credit
institution. "However, that
function non re carried out, all time that among the division of tasks of
this criminal company, in the one that were submerges the personnel of
Banamex, it corresponded them to be remiss in verifying the authenticity of
the content of the estimates that they were given him by Oceanografia",
they concluded the PGR and the tribunal when liberating the order of
corresponding apprehension.
Acts that cause lucrative ends
Emilio Granja Gout had “a preponderant
paper in the generation of the criminal facts, since he/she was the official
or executive responsible for the attention to Oceanografia"; he
authorized the extensions of the terms for the payment of the work estimates
and he had the contact with Erick Cervantes Murillo. "This person made
omissions in the supervision of the correct operation of the estimates
discounted by Banamex of her client Oceanografia that represented for the
bank millionaire operations that they required, of agreement with the uses
and you practice bank, a punctual and strict pursuit of the formality of
those operations. “This to the help of the support that received from Alfonso
Ortega Brehm whose function inside the bank was to supervise the functions of
the directors for the success of the products, among those that is the one
denominated wallet discount, like it is the case of Oceanografia. It omitted
to fulfill the Operation Guide", it points out the judicial resolution.
The jurisdictional organ considered that given the great economic power of
the members of the “criminal company", its period of prison should not
be given in a prison from the Tabasco, Campeche or Veracruz States, since its
crime generated multimillionaire earnings, economic resources with which
could surpass to the penitentiary authorities of the place of the commission
of the facts."
the economic resources
with which could surpass to the penitentiary authorities of the place of the
commission of the facts
Also that those inculpated “acted under the
forms of characteristic participation from an organization of three or more
people, under the discipline rules and hierarchy to make with lucrative ends
the crimes", it indicates the judicial file. In that context, the
tribunal noticed about the possibility that “other circumstances” could
impede the development of the judicial process, since “when belonging to a
nucleus of people with wide economic and political power in this federative
entities that are the main center of business of Oceanografia", so that it
can be carried out the trial, “it is required of a system of security that
can guarantee its physical integrity". However, Amado Yañez Osuna is
only subject to penal process, but in freedom low deposit because the
accusation in its against it is for crime it doesn't burden, in spite of the
fact that the own tribunal estimated that yes it was, and for that illicit
one those involved reached hardships that they go from eight to 15 years of
prison and it fines from 250 thousand to 350 thousand days of minimum wage that
are equal to quantities they go from 1 millions 167 thousand dollars to one
million 634 thousand dollars. Everything it without considering the repair of
the damage caused Banamex that ascends to 354 thousand 133 dollars. (La Jornada, politica, p.p. 3-10, October 20, 2014).
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