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Collusion of Banamex Officers and Judicial Process on Financial Fraud

Collusion of Banamex Officers and Judicial Process on Financial Fraud
Velma Anne Ruth, M.Ed. - Fri Nov 28, 2014 @ 07:00PM
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Collusion of Banamex Officers and Judicial Process on Financial Fraud

Diario Puntual: Periodismo de Tesis, and

Cover Story, Continued on Page 15

Diario Puntual: Periodismo de Tesis - Mexico Edition
Cover Story, Continued on Page 3

Original Article: November 20, 2014
Translation from Spanish to English: November 27, 2014
Note: Title is loosely translated

Mexico, DF .- Banamex is again involved in a financial scandal for violating regulations in effect and allegedly committing criminal acts in order to appropriate to itself substantial cash deposits in both dollars and in the national currency, refusing to comply with court orders in favor of the Estate of Hans Schneider Sauter. A long running litigation in Mexican courts has now moved to the Court of the Southern District of New York, where Citibank is being sued for the return of these deposits, in its capacity as the corporate entity that owns the National Bank of Mexico.

The story goes back to the period from August 2002 to June 2003, when Hans Schneider Sauter received large sums of money in dollars and Mexican pesos into accounts he had in Banamex. Acting on unfounded suspicions and assumptions, Banamex, unilaterally seized the deposited funds. In 2008 its auditing department and its legal department concluded a review and recognized the legality of the deposits made into the accounts of Mr. Schneider ordered the return of the money to him in 2010, by which time Mr. Schneider had died.

Upon completing the civil probate procedure, the fourth Judge of Civil Law in the State of Jalisco, Master in Law Elsa Hernandez Navarro, in case file number 2205/2012, ordered Banamex to deliver the funds, all information on all accounts belonging to Mr. Schneider, and the transfer to the banks designated by the estate, under the authority of the legal provisions that authorized a legally accredited estate the possession of the deceased's assets and which obliged financial institutions to deliver them to the beneficiaries or to whom by law they are due.

For the purpose of evading compliance with the judicial order, there was established a cabal of senior Banamex officers, who used the tactic of diverting the legal claim in several directions, including in the Federal District and the states of Mexico and Jalisco.

The repeated actions of contempt/defiance by Banamex led the judge to ask the National Banking and Securities Commission to oblige Banamex to repay the funds and provide the information requested. The Commission first asked for a delay and then later argued that it lacked the authority to force the bank to comply.

Faced with this situation, the Judge presiding over the probate case ordered the Bank of Mexico to fulfill the Banamex obligations from the monetary regulation fund that it holds as a guarantee for account holders. The Bank of Mexico first argued that it had no Banamex money. Later it admitted that it held the resources that the law mandate, but it argued that this fund could not be embargoed and it promoted an amparo under file number 616/2014 in the Thirteenth Chamber for Civil Affairs in the Federal District.

On the instructions of the National Banking Commission, the judge probating the estate ordered Banamex legal director, Francisco Flores Palomares to provide the required information. Both Flores Palomares as an individual and Banamex as an institution filed amparos in order to not comply with the judicial order, as noted in file number 313/2014 of the Thirteenth Chamber for Civil Affairs in the Federal District. Both amparos are accumulated and in a state of suspension - a clear delaying tactic.

In June 2014 Banamex, through its authorized agent Enrique Espejel Cao, sought in amparo 313/2014 to have admitted/judicially recognized a will supposedly granted by Mr. Schneider Sauter in notarial deed number 48.853 of January 2008, before Juan José Brindis Silva, Notary Public Number One of the district of Ocampo, in the state of Tlaxcala, which designates as executors and heirs Hilario Sergio Castillo Hidalgo y José Adrián Hernández Liceaga and as further heirs Maria del Refugio Garcia Sanchez, Enrique Merino Cortes and Rita Adriana Barrera Inchatiru García. The District Judge refused to admit this will, and Banamex filed a formal complaint, but the District Judges order/refusal was confirmed in August 2014 by the Third Collegial (appeal) Tribunal in Civil Matters of the First Circuit. In September 2014, Banamex affirmed/insisted on having the supposed heirs admitted/recognized in amparo 617/2014. The Fourth Collegial (appeal) Tribunal in Civil Matters of the First Circuit ordered the requested admission/recognition without taking account of the earlier resolution and without acknowledging that legal executor, Mario Alberto Lopez Garza, had documented and proved that this will is false, and that the number of the notarized deed corresponds to an entirely different legal document of December 7, 2009.

Given the cascade of legal tricks and maneuvers, and the collusion of authorities and bank officers, the legal recognized Estate of Hans Schneider Sauter has filed and seeks to press charges in the Office of the Federal Prosecutor. But the PGR (Department of Justice) has not responded to this legitimate complaint. With the collusion between authorities and banking officials confirmed, the Hans Schneider Sauter estate extended its legal action to the Court of the Southern District of New York against Citigroup as the head of the corporate entity of which Banamex is a part, though Citigroup has denied its coresponsibility before the judge in New York.

Preliminary information indicates that the amounts in the accounts belonging to Mr. Schneider are $ 300 million US dollars and 780 million pesos.

Source: Diario Puntual: Periodismo de Tesis
- Please request copies of original articles in Spanish: velmaanne@registeredindie.com 

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