Tepic, Nayarit; April 13, 2018.- The State Attorney’s Office informs the public that, as a result of more than a year of research work, there have been indications that in Nayarit, between 2013 and 2018 an association was made, arrangements and agreements between legal representatives and INFONAVIT officials, an external law firm, officials of the State Judicial Branch, headed by the then presiding magistrate, one more magistrate, 4 judges of the first instance, various judicial officials and a notary public, carry out illegally the foreclosure of nearly 60 thousand homes located in the states of Chihuahua, Nayarit, Tamaulipas, Zacatecas, Sonora, Sinaloa and Jalisco to the detriment of thousands of families entitled to that housing institute.
This network of the presumed corpus was prepared through a simulation of trials in four courts of the first instance in the municipalities of Xalisco, Compostela and Bahía de Banderas, which resulted in the adjudication and deed of irregularly of approximately 40 thousand houses
There are indications that the operation was in two stages. The first began in the years 2013, 2014 and 2015 in the courts of Xalisco and Compostela, it is known that officially in the courts were proceedings with one or two defendants, but that in the private office of external lawyers were processed judgments “mirror “With thousands of defendants, falsifying records, without notifications or placements of the defendants, without the intervention of any Public Ministry, concluding in sentences of mortgage condemnation in favor of the Institute of the National Housing Fund for Workers (INFONAVIT) and against of workers, homes that were awarded for 75 percent of the appraised value of the buildings. The deeds were made by the same notary.
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The investigations allow to deduce that the actions were carried out by personnel hired by the external office, working in two buildings located in the center of Tepic, and they were only taken for signatures to the judges, secretaries and notifiers of the Superior Court of Justice of the State, who They were already in agreement and instructed by the two magistrates allegedly involved. There is also information about cash deliveries, as well as the promise of some other benefits.
The second stage was executed in the two courts of Bucerías, municipality of Bahía de Banderas, Nayarit, at the end of 2016. Without having any registry in government books, files were made with consecutive fictitious numbers with initial demands; it is now known that the external firm made the supposed agreements and notifications, and only by volume they were taken to signatures of the judge and secretaries of agreements.
The above facts could be constitutive of the crimes of falsification of documents, specific fraud by simulation of legal act, influence peddling, criminal association, improper exercise of functions, abuse of authority, bribery, embezzlement, against the administration of justice and the duties in the custody of documents, all of the Criminal Code of the State of Nayarit.
This Thursday, the Attorney General of Nayarit, Petronilo Díaz Ponce Medrano, presented to the Congress of the State the request for declaration of provenance against the public servants with jurisdiction, with these 4 judges and 2 magistrates in office, so that prior to the corresponding process, that special protection is withdrawn, and in due time criminal action may be taken against them.
In addition, the hearing of the Judicial Council of the Judicial Branch of the State of Nayarit was ordered to investigate the possible administrative responsibilities of the judicial servers, as well as some other secretaries of agreements, notifiers and administrative personnel. In addition to the view to the College of Notaries of the State of Nayarit to investigate the actions of the notary public involved.
Immediate breakdown of the investigation folder was ordered to the Attorney General’s Office about the possible crimes of its competence, and communication was made with authorities of INFONAVIT and the Secretariat of Agrarian, Territorial and Urban Development (SEDATU) so that they also intervene in the matter in attention to its faculties and because it is the sensitive subject of the right to housing.
The Government of Nayarit and the Attorney General of the State confirm their commitment in the fight against corruption, respect for legality and the search for justice.
The Mazatlan Post