With funds from the sale of assets seized from organized crime, the Federal Judiciary Council manages a fund of 1 000 288 million pesos without accountable to any oversight body. Resources, among which is part of the $ 205 million confiscated from businessman Ye Gon, have been used to pay awards and master of public servants.
The Federal Judiciary Council manages 1 000 288 000 000 420 15 000 additional dollars to your budget and exempt from any control by Fund Management Support of Justice (FAAJ).
resources billionaires from the sale of assets seized from organized crime, including $ 205 million that the government located at the residence of Chinese businessman with Mexican citizenship, Ye Gon, in Lomas de Chapultepec.
This has been legalized public resources granted to the Judiciary of the Federation (PJF) is not integrated into the Expenditure Budget of the Federation and its exercise is not that reported in the Public Account, which contravenes the Federal Budget and Fiscal Responsibility in respect of the exercise and control of public resources.
addition, the Act provides that the allocation of the budget is an exclusive power of the House of Representatives, but was right there where legalize endorsed a "regime of exception" in the use of public resources, as the Supreme Audit calls of the Federation (ASF).
With the approval of the addition of Title 12 of the LOPJF in February 2006, legislators authorized the creation of the Support Fund and consented to be the Judicial Council responsible for managing and monitoring the fund millionaire, whose objective is outlined in the Act as "the improvement of the administration of justice."
Erendira For Dr. Irma Sandoval Ballesteros transparency specialist at the Institute of Social Research at the National Autonomous University of Mexico, the existence of FAAJ is the "abdication of the legislature" as to their task of controlling public resources and as a sponsor of accountability.
The researcher believes that the legalization of the Fund, approved by the deputies, is the "perfect excuse" for failing to point out as something illegal, even unconstitutional could be considered: the use of public funds without oversight or control.
The "core" of the constitutionality of the Support Fund would be for the researcher, article LOPJF 244 of which stipulates that "the resources to integrate and operate the Fund will differ from those included in the approved annual budget for the PJF, and will not affect items that are permitted by the budget."
According to the report the outcome of the audit institution of the Public Accounts 2009 , the ASF, this provision excuses the Federal Judiciary Council to include not only the resources of the Support Fund as part of its budget, but to subject to the control of the Ministry of Finance and Public Credit (SHCP).
In its report, the Auditor recommended that the commission Budget and Public Accounts and Justice, the Chamber of Deputies, to revise the title 12 of the Judicial Power Organization Act, believing that the Support Fund has become "a mass of financial resources that, without having previously entered federal government finances has been built up (and) remains invested in banks and brokerage houses, independent to the rest of the availability of the federal government. "
The licensed Rep. Luis Videgaray Case, who served as chairman of the Committee on Budget and Public Account of the present Legislature, refused to comment on why it has allowed an audit exempt fund, even when handling public resources.
Videgaray Case, now the PRI campaign manager Eruviel Avila, argued that "respect for the new president (the Commission)" does not refer to matters of his earlier request, which was until 29 March this year without submit for review FAAJ operation.
Finance Permission
Part of the proceeds of the Support Fund comes from property confiscated and disposed of in federal criminal prosecutions by the Department of Administration and Disposal of Assets (Sae ), since the Federal Code of Criminal Procedure provides that a third of the goods and products must be given to SPs, and the amendment to the LOPJF stipulated that these resources were for the Fund.
This provision also contravenes the Federal Law on the Management and Disposal of Public Sector Assets: provides that the confiscated property become the property of the federal treasury.
a result, revenues from the sale take on the character of uses and must be submitted to the Federal Treasury (Tesofe) for registration in the Revenue Act of the Federation and its implementation through the budget expenditure, "whereas not there may be payments that are not covered by the budget. "
Notwithstanding this provision in the Act, Sae PJF delivered directly to resources that corresponded to product seizures as the Audit Institu slogan, while the other two third parties, which are delivered to the Ministry of Health (SSA) and the Attorney General's Office (PGR), it was reported in the Revenue Act of the Federation.
The Sae operated this way since November 2004 ie they modify the LOPJF and created the Fund for Support to the Administration of Justice.
According to the ASF, Sae had the permission of the Ministry of Finance, which argued that the judiciary has a treasury of its own, justifying the direct delivery of resources, "especially if these are resources that have not been collected directly by the Tesofe."
Fund "sui generis"
According to the quarterly reports of the Support Fund, in December 2010 had incomes 1000 251 000 000 857 000 600 pesos and its assets amounted to 1 000 288 000 000 15 000 420 pesos.
Between 2006 and 2010, expenditures of FAAJ amounted to 98 million 350 thousand 428 pesos. Until 2009, when they amounted to 61 million 821 thousand 234 pesos, were reported as "operating expenses", but since last year, all expenses appear under "Expenses."
According to its statutes, serve FAAJ resources to acquire or remodel PJF and offices to buy or maintain your furniture.
also provide for the training and expertise to "seek the professional and personal development of staff." The Act also provides that money Apoyo Fund bear the "cost of its administration."
According to Dr. Sandoval Ballesteros, the guidelines on the use of the resources of FAAJ "are skillfully written, they are loose and abundant, which could involve discretionary money management.
Although the Technical Committee of the Support Fund to the Administration of Justice, chaired by Judge Juan Silva Meza, publishes regular reports on the Fund's financial situation, they do not specify the destination of the resources exercised, nor the actions in invested their resources or financial institutions which record their operations.
In addition to the marking of the ASF that both the mechanism for allocating public resources to FAAJ their use constitute a "regime of exception", the Judicial Council itself has acknowledged that the Support Fund has a regulation "sui generis" .
According to the ASF, in presenting preliminary results of the audit to FAAJ, the agency agreed to by the "budgetary autonomy" enjoyed by the Fund has an exceptional character in the management of public resources received .
Masters and prizes, expenses
FAAJ 
During that year, 93 percent of the expenses of the Fund accounted for "operating expenses." It was 24 million 943 thousand 400 pesos: 8 million 380 thousand 200 pesos-the-third went to salaries and allowances of the nine public servants of the Technical Secretariat of FAAJ, including a driver who is listed as "management analyst" .
The ASF notes that 74 percent of that amount (6 million 203 thousand pesos) was distributed in only four of the nine employees, but does not detail his objections.
That year also paid 9 million 88 thousand 900 pesos for the recruitment fee. Befriended figure salaries, the purchase of computer equipment and "various inputs, by 10 thousand 200 pesos, including year-end dinner.
addition, 1 million 356 thousand 200 pesos were used for the "benefit" of five public servants from masters to PJF. 70 percent of this amount was funded, it would be recovered through fortnightly deductions, however, the remaining 30 percent -406 000 860 pesos was paid with funds from the Support Fund.
But those are not the only financing granted by the Fund. According to his report of last quarter of 2010, have given support and funding of 11 million 22 000 96 pesos, of which 2 million 855 thousand 524 pesos have been recovered funds. Of the 8 million 166 thousand 572 dollars remaining at the end of last year had returned nearly 5.5 million pesos.
In 2009, the FAAJ also used to pay the Judicial Merit Award, which consisted of two gold, whose price was 310 pesos. The awards were presented to former Minister Arturo Robles and Guadalupe Serrano Cano de la Cruz.
Added to this are 150 thousand pesos were paid to attend the International Seminar on Key Issues and Best Practices, Justice, delivered as a "gift" to the organization Building Bridges, AC.
This organization is part of the Centre City of Justice, in which participating organizations Rotary Club of Mexico and the National Chamber of Transformation Industries. Furthermore, according to its Web site information, has been operating non-profit and "non-partisan in favor of marginalized or excluded."
Other payments made under the external evaluation were FAAJ Monitoring System of Records, which cost 1 million 150 thousand 700 pesos, and billing of per diem, for 322 thousand 800 pesos.
Contralínea requested an interview with the technical secretariat of the Fund for Support to the Administration of Justice, Alicia Kuri Pazos, to explain the fate that has given FAAJ resources since its inception and its position on the observations of the ASF. At the end of editing, did not respond.
The FAAJ, with funding from Ye Gon
On July 13, 2007, the PGR Sae notified the declaration of abandonment of property for the federal government that had been secured "a person of Chinese origin." The amount was about 2 thousand 309 million pesos.
Money This was a Mexican businessman of Chinese origin Ye Gon on charges of illegally trafficking pseudoephedrine for the manufacture of methamphetamine.
After March 15 of that year he found a fortune in cash in the house of an entrepreneur, it was declared abandoned in favor of the Mexican government and the federal prosecutor Sae instructed the administration of these goods for donation to the SSA, the PGR and the judiciary.
regard, the FSA notes that the property declared abandoned have a legal nature and a different application to the confiscated property, so that the Attorney General had no power to instruct the Sae available to them.
This led to a third of the property declared abandoned (which corresponded to PJF) is not focused on the Federal Treasury for registration in the Revenue Act of the Federation.
As a result, these 753 000 000 856 000 400 pesos could not be reported as income over the PEF or the Public Account.
According to the audit, the amount the PJF received in this operation represents 67 percent of total income than FAAJ had from its inception through 2009, without considering the interests of their investment.
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