The Financial Intelligence Unit (UIF) reported that a federal judge released 800 million pesos from accounts linked to Kamel Nacif, a businessman accused of corruption and human trafficking.
According to the head of the FIU, Santiago Nieto, the release of the assets was through amparos processed by Nacif Borge.
For this reason, Nieto Castillo announced that the UIF will request the Supreme Court of Justice of the Nation (SCJN) to attract the appeals that have been processed against the bank account blockages that it executes.
With this, the FIU will seek that the Court revoke the criterion that forces it to wait for a judge or an international authority to request it to block bank accounts for this measure to remain in force.
Before various collegiate courts, the FIU has requested that the Court attract the amparo lawsuits that have been processed against the blockages of accounts that it has executed against persons indicated for “money laundering”.
“We have raised before different collegiate circuit courts that request the power of attraction to the Supreme Court, so that the criteria can be reviewed again,” he said.
The interpretation of the Court was issued in 2018 by the Second Chamber in which it established that the blockages of bank accounts executed by the FIU proceed, without a prior court order, when they derive from a request for international collaboration or in compliance with an international treaty.
He explained that during 2019 984 appeals were filed against the blocking of accounts in which 162 provisional and 106 definitive suspensions were granted to order the release of assets.
This year and as of September 15, 861 amparos have been processed against the blockades in which six provisional suspensions and 188 definitive ones were granted for the release of accounts.
He argued that even a District judge has indicated that the blockade only proceeds if the international petition expressly requires the freezing of accounts, which is why a review of the law can be requested.
“What they are resolving in the matter of the merits of the matter; that is, to allow the release of the accounts, and with it, the possibility of moving the resource to other latitudes or other countries in the world,” he warned.
“That interpretation of the international request expressly saying that the accounts are blocked would be as much as subordinating the Financial Intelligence Unit, an international body or a foreign body; that is, the DEA or the FBI could instruct the Unit , which is an attack against sovereignty. “
He added that the FIU will present complaints to the Federal Judicial Council for “these ultra-grammatical interpretations of the judges.”