FGR will challenge the decision of the judge who canceled the arrest warrant against Cabeza de Vaca

There Attorney General of the Republic (FGR) reported that Iwill challenge the decision of the judge who granted the amparo and judicial protection to the former governor of Tamaulipas, Francisco Garcia Cabeza de Vacaa situation that would void the warrant for his arrest for his alleged involvement in organized crime and money laundering crimes.

“A federal judge resolved an amparo stating that there is no indication of suspected money laundering, let alone organized crime. The arrest warrant issued against me has always been illegal and unconstitutional”, celebrated the former president on his social networks on February 28.

Cabeza de Vaca’s post was accompanied by a document from his lawyers detailing that the court ruling was made yesterday, February 27or one “judge of the District in matters of Amparo granted amparo and protection of federal justice to our client Francisco Javier Garcia Cabeza de Vacaleaving the arrest warrant issued against him on October 4, 2022″.

The defense of Cabeza de Vaca, head of the law firm Ruiz Durán SC, pointed out that “Judge Amparo was finally able to enter to study the merits of the case and the crimes attributed to him. (…) (and) warned that the alleged money laundering scheme wrongly attributed to him is a business transaction for the sale of an apartment that once belonged to Francisco García Cabeza de Vaca, which was perfectly legal.”

“The District Judge pointed out in his amparo resolution that the Attorney General of the Republic distorted information and concealed evidence from the supervising judge, in order to make lawful acts appear as a complex money laundering scheme, because the said supervising judge issued the arrest warrant against our client”, detailed the defense.

For this reason, the FGR indicated that it would contest the decision and explained that “it is more than evident in the aforementioned judgment of amparo, that whoever issues it, rather than making a specific analysis and completeness of what was raised when applying for the arrest warrant, as well as what was resolved by the supervising judge when issuing the arrest warrant, as well as what was alleged by the party who filed the amparo, is entirely devoted to attempting to explain and justify the plaintiff’s financial operations, which in any case refer to the organization in fact carried out by the aforementioned persons and others to carry out certain conduct which lead to the materialization of one of the crimes referred to in the federal law against organized crime”.

The prosecution, in charge of Alejandro Gertz Manero, assured that “the role of judge would have been transformed into that of agent defending the accused. This is confirmed when the judge of amparo establishes the absurdity that organized crimes and operations with resources of illicit origin could not coexist, when it is well known that the first of them is essentially autonomous and does not even require that the behavior or the purpose of the organization be realized”.

The Federal Public Prosecutor’s Office (MPF) argued that there are countless cases “in which ministerial prosecutions have been brought for organized crime and for crimes which are the goal of those who organize; arrest warrants have been obtained, links to proceedings or orders for formal imprisonment (depending on the penal system that applies) and convictions”.

He indicated that the amparo lawsuit was handled and resolved without summoning the MPF agent, who investigated and prosecuted the case, “while the law required to have given him the possibility of intervening as a third party interested in this trial. This omission clearly contravenes what is established in this regard in article 5, section III, subparagraph e), of the Amparo law, regulating articles 103 and 107 of the Political Constitution”.

“In view of this condemnation notoriously far removed from the law and the most basic sense of justice, the corresponding means of contestation will be promoted, at the same time as the legal actions that could be taken against the authority that issued, it will be analysed.”

“Having completed his tenure as Governor of Tamaulipas State in September 2022, said constitutional jurisdiction inherent in the position has been removed and a new warrant of arrest has been issued for the same facts.”

The objective of combating crimes committed by high-ranking officials within the framework of arrangements which, in addition to constituting acts of corruption, involve the commission of criminal offenses, is undermined when judicial decisions are rendered in violation of the law and against the proper administration of justice.

This is the case of the amparo decision rendered by the judge of the eighth district of the state of Tamaulipas, precisely from where the main defendant was, until recently, the highest authority of this federal entity, in which it is established to cancel the arrest warrant previously issued by a reviewing judge.

In fact, after the Attorney General of the Republic requested and obtained an arrest warrant against Francisco Javier “C”, for crimes of organized crime and operations with resources of illegal origin, the judge of amparo of reference pronounced a sentence in the trial of amparo 2477/2022 -2, with which it is believed that he favored said person.

Developing information….