Jauregui Rojas, Miguel

Nunez Camacho, Luz

Ortiz, Loretta

Posadas, Alejandro

English

University of New Mexico

United States - Mexico Law Journal
Volume 11 Presentations at the Eleventh Annual
Conference: Water Law & White Collar Crime Article 33
3-1-2003
Panel Discussion: Commentaries on the Prospects
for the Abatement of White Collar Crime in
Mexico
Miguel Jauregui Rojas
Alejandro Posadas
Luz Nunez Camacho
Loretta Ortiz
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Recommended Citation
Miguel Jauregui Rojas, Alejandro Posadas, Luz Nunez Camacho & Loretta Ortiz, Panel Discussion: Commentaries on the Prospects for the
Abatement of White Collar Crime in Mexico, 11 U.S.-Mex. L.J. 257 (2003).
Available at: https://digitalrepository.unm.edu/usmexlj/vol11/iss1/33
PANEL DISCUSSION: COMMENTARIES ON THE PROSPECTS FOR
THE ABATEMENT OF WHITE COLLAR CRIME IN MEXICO
MODERATOR: LIC. MIGUEL JAUREGUI ROJAS'
PANELISTS: ALEJANDRO POSADAS, LUZ NUNEZ CAMACHO, AND
LORETTA ORTIZ*
JAUREGUI ROJAS: Many steps must be taken to abate white collar-crime. First,
there is a need to determine how deep and how important white-collar crime is in
Mexico.
Next, when Mexico reaches out for assistance, it is injured by the lack of
concerted effort on the part of the United States. Typically, Mexico reaches out for
debt securities and for equity securities in the U.S. stock market or registration of
American Depository Receipts (ADR's)' and registration of securities at large. To
the extent that white-collar crime from that vantage point is not abated the sources
of wealth to Mexican companies will be stalemated. In addition, situations similar
to the development of FOBAPROA 2 will continue. This is the salvage fund for the
bank institutions that failed during the 1994 peso crisis. FOBAPROA and its
successor entity, IPAB 3, are charged with the task of preventing white-collar crime
from permeating the Mexican financial system. In doing so, the financial
institutions of Mexico function in a healthy manner. A second related issue is the
relationship between white-collar crime and money laundering, assistance to drug
trafficking, and other such crimes.
Finally, there is great concern that the changes made thus far might be done away
with should the political scenario of Mexico change yet again. There is also great
concern in Mexican society at large as to the role of the district attorneys, both
federal and local because they are the first door of entry to the justice system in
Mexico.
In that regard, Mexican society is making a big effort. They are putting together,
through the good offices of a counselor of my law firm, Ignacio Gomez Palacio4 , the
Mexican Institute for Justice.5 The Mexican Institute for Justice's first objective is
to look at the behavior, the training and the control of the district attorney. That is
also the focus of Mexican society. We need good district attorneys for justice to be
imparted, or the beginnings of justice, that will go to the judiciary.
LORETTA ORTIZ: The University of Mexico Iberoamerica, also the Tecnol6gico
de Monterey, and the Instituto de Investigaciones Juridicas 6 have been asked to
* A brief biography of the moderator will follow the article.
* A brief biography of the participants will follow the article.
1. American Depository Receipts enable investors to trade foreign stocks as if U.S. companies issued them.
They are bought and sold through regular Wall Street brokers and pay dividends in U.S. dollars. See
ADRGuide.com
2. Fondo Bancario de Proteccion al Ahoro. This is the now defunct salvage fund for the bank institutions
that failed during the 1994 peso crises. It has since been replaced with IPAB, the Instituto Para El Ahorro Bancario.
3. Instituto Para El Ahorro Bancario, at http://www.ipab.org.mx/
4. Jauregui, Navarrete, Nader y Rojas, Torre Areos, Paseo de los Tamarindos 400B, Pisos 8 y 9, Col.
Bosque de las Lomas, 05120 Mexico, D.F. Telephone: 52-5-267-4500. Fax: 52-5-258-0348
5. Instituto Mexican Para la Justicia, A.C. (IMEJ),,Avenida Tlaxcala 193-206 A. Colonia Hipodromo
Condensa, Mexico, D.F, Tel. 52.67.45.23, e-mail igp@innr.com.mx
6. The Instituto de Investigaciones Juridicas is based out of Universidad Nacional Autonoma de Mexico,
at http.//wsiw vuridicai.tinarn.n, uazt visited 02/1 0/03.
U.S.-MEXICO LAW JOURNAL
investigate the jurisdictional administration in all the Mexican territory. The
Iberoamericana University is conducting its study on the administration of justice
in the states of Colima, Zacatecas, Estado de Mexico, and three others. The World
Bank who will allocate resources to all these universities to study our system and
isolate the main problems initiated these investigations. For example, the
prosecutors need more training capacity. It is telling that students from the
Iberoamericana do not want to be judges or work as ministerio pablicos, government
prosecutors. They prefer to live and work as a lawyer in a luxury office near Santa
Fe. It is difficult to have a good life as a lawyer, as a judge or as a ministerio
pblico. We have to change this situation. The only way to do so is to make the
work of a judge one of the most important in our country.
JIMMIE REYNA, Washington, D.C.: I have a very basic question to ask our Mexican
colleagues. What is the standard of proof that must be satisfied in order to achieve
a criminal conviction in Mexico? And are there different standards for federal case,
state case, white-collar crime, blue-collar?
NUfEZ CAMACHO: I think there are some problems that affect both countries. One
of them consists of outlining the elements required for a behavior to be deemed as
a white-collar crime in Mexico. Take for example "fiscal fraud." In the U.S. it is
not considered a crime, it is a matter that can only be tried in the civil arena. In
Mexican legislation "fiscal fraud" is criminalized as an offense. In practice, when
a case is opened for fiscal fraud and the criminal suspects become aware of the
investigation, these persons will most likely go to the United States. In such case,
it is very difficult to obtain extradition from the United States to Mexico, since the
American authorities will reject the extradition of these persons because the illicit
behavior is sanctioned in a different manner in both countries. To solve these
problems, it would be necessary that both countries have similar laws and penalties.
However, it is more important that fiscal fraud be considered a crime in both
countries, and furthermore that it be deemed a predicate offense in cases of money
laundering, since in Mexico when tracking the resources from fiscal fraud it is often
discovered that the resources are used for other illicit conducts.
POSADAS: There is no exact equivalent to standard of proof in Mexico. You have
to prove fully all the elements of the crime. The judge, of course, has a pre-
evaluation of the evidence in general terms. Many times the problem is simply
getting before the judge because the ministerio ptiblico has complete discretion to
press charges and will not initiate a proceeding if they feel that there is not sufficient
evidence. Another evidentiary challenge is that Mexico is a very low trust society,
which creates problems with testimonies. Witness statements are not highly valued,
and many times they are needed to provide crucial evidence in cases.
JAUREGUi ROJAS: I am not a criminal lawyer or an expert in criminal law, however,
in working with many criminal lawyers in the corporate context to defend
companies against white-collar crime offenses, I have realized that the integracidn
del cuerpo de delito or integration of the corpus delicto creates a serious stumbling
block in the Mexican legal system. The corpus delicto is almost impossible to get
integrated within a reasonable period of time and within reasonable terms.
[Vol. 11
Spring 2003] PANEL: PROSPECTS FOR THE ABATEMENT OF WHITE COLLAR CRIME 259
Therefore, the prosecution and the jailing of white-collar criminals is difficult in
Mexico. It may be easier if you catch them stealing money from financial
institutions or defrauding financial institutions. Maybe it is easier if you catch them
evading taxes or with contraband. However, in fraud of management of
corporations it is extremely difficult to have the required standard of proof to
integrate the corpus delicto.
NU1REZ CAMACHO: Regarding the investigation and prosecution of money
laundering offense, the advances in Mexico shall be recognized because of their
success not only within the country, but also in the investigations that involve other
countries, including the US, where Mexico has provided witnesses in several Court
cases or hearings concerning these investigations.
On the other hand, currently, the Attorney General's Office has an investigation
for money laundering, where the predicate offense is corruption.
Regarding the measures to prevent the offense of money laundering, there have
also been advances in Mexico; last year (2001) several amendments to the financial
legislation were issued in order to regulate "money remitters", which are different
to money exchange offices, which establish the obligation to report suspicious
transactions to the Secretariat of Finance and Public Credit.
U.S.-MEXICO LAW JOURNAL
BRIEF BIOGRAPHIES OF PANELIST:
Lic. Miguel Jduregui Rojas is a founder and member of the firm of Jauregui,
Navarrete, Nader y Rojas, Torre Arcos, Paseo de los Tamarindos 400B, Pisos 8 y
9, Col. Bosque de las Lomas, 05120 Mexico, D.F. Telephone: 52-5-267-4500. Fax:
52-5-258-0348. E-mail: mjr@jnnr.com.mx
Lic. JAuregui's main areas of practice include, mergers and acquisitions, taxation,
telecommunications, energy, infrastructure and trade. He is a member of the
Mexican Academy of International Law (Academia Mexicans de Derecho
Intemacional), the Mexican Bar Association (Barra Mexicana, Colegio de
Abogados), the American Bar Association, the National Association of Corporate
Counsels (Asociaci6n Nacional de Abogados de Empresa), the World Presidents'
Organization and the Chief Executives Organization. Lic. Jauregui is the Chairman
of the Section of Central and Eastern Europe (Secci6n de Europa Central y Oriental)
of the Mexican Businessmen Council for International Affairs (Consejo Empresarial
Mexicano para Asuntos Intercionales), Chairman of the Legal Framework Group
and Member of the Executive Committee of the Mexico-European Union Business
Council (Consejo Empresarial Mexico-Union Europea) and Observer to the Board
of the American Chamber of Commerce of Mexico. Lic. Jauregui is a Trustee of the
Board of Governors of The American British Cowdray Hospital and Treasurer of the
Mexican Foundation for Health (Fundaci6n Mexicana para la Salud). Lic. Jauregui
is an Honorary officer of the Order of the British Empire. Lic. Jauregui received his
law degree from the Universidad Nacional Autonoma de Mexico and was admitted
to the Mexican bar in 1965.
Lic. Alejandro Posadas is presently working toward his S.J.D. at Duke University
School of Law. 2748 Campus Walk Ave., 18 F, Durham, NC 27705. Telephone:
919- 382-5587. Fax: 419-791-8252. E-mail: aleiandro.2osadas@ law.duke.edu. Lic.
Posadas is a S.J .D. candidate whose work currently focuses on the development of
international law initiatives to combat corruption. Lic. Posadas was an associate
with Thomas and Partners in Vancouver, BC where he worked in the preparation of
NAFTA Chapter Eleven investor-State arbitration cases for the Mexican
government, 1996 to 1998; and a member of the Directorate of Foreign Litigation
at the Office of the Legal Advisor in the Mexican Secretariat of Foreign Affairs,
1992 to 1994. He was a Visiting Associate Professor at Duke University School of
Law, 2002-03; an Associate Professor at the Centro de Investigacion y Docencia
Economicas, 2001 to present; and a Lecturing Fellow at Duke University School of,
Law, 2000 to 2002. Lic. Posadas is the author of numerous publications in law
journals and books, including the Duke Journal of Comparative and International
Law. He received the Licenciatura en Derecho from the Universidad Nacional
Autonoma de Mexico (UNAM) and his LL.M. from Duke University School of
Law. He has also been admitted to the New York Bar.
Maria de la Luz Nuuiez Camacho is a Lawyer graduated in the Universidad Nacional
Aut6noma de Mixico (Autonomous National University of Mexico), with studies on
Public Finances. On money laundering matters she has taken courses at the Border
(Vol. 11
Spring 2003 PANEL: PROSPECTS FOR THE ABATEMENT OF WHITE COLLAR CRIME 261
Patrol Academy in Glynco, Georgia, and at the Royal Canadian Mounted Police in
Vancouver, British Columbia Canada. For over 20 years she worked for the
Secretariat of Finance and Public Credit. During said period, she was Head of the
National Advisory Board in the Taxpayer Assistance Directorate; Director of
International Audit, applying the Agreements for the Exchange of Tax Information;
Manager of Money Laundering; Attached General Director for Transactions
Investigation, developing the Unusual or Suspicious, Large Value and Concerning
Transactions Report Computer System for money laundering effects. Moreover, she
encouraged negotiations to enter into several international agreements for the
exchange of financial information, and Mexico's incorporation into several
International Organizations, such as the Egmont Group and the Financial Action
Task Force (FATF). Likewise she was responsible for the drafts of amendments to
the Customs Law, to several Financial Laws and to General Provisions to Prevent
and Detect Acts or Transactions Carried out with Resources from Illicit Origin,
including therein various obligations for financial entities. In order to prevent money
laundering transactions she created the Mexican Financial Intelligence Unit and has
given 72 Conferences at national as well as at international level. In January 2001,
she was designated Head of the Special Unit to Combat Money Laundering in the
Attorney General's Office of the Republic of Mexico Plaza de la Republica, No. 35,
Piso 6, Col. Tabacalera, Mexico City, DF 06030. Telephone: 52-55-5346-3315. Fax:
52-55-5346-3381. E-mail: uecld@pgr.gob.mx. Lic. Nufiez currently she Chairs the
CICAD/OEA Group of Experts for the Combat of Money Laundering. Since 1985,
she is professor for opposition of the subject of Fiscal Law, in the Law School, at
the Universidad Nacional Autrnoma de Mdxico, and was appointed Director of the
Fiscal Law and Public Finances Seminar, position she held from 1985 to May 2002.



Panel Discussion: Commentaries on the Prospects for the Abatement of White Collar Crime in Mexico

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Panel Discussion: Commentaries on the Prospects for the Abatement of White Collar Crime in Mexico

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