The Federal Prosecutor’s Workplace (PFF) has filed a grievance with the Lawyer Normal’s Workplace (FGR) towards the rector of the UNAM Enrique Graue for alleged tax fraud of 308,135 pesos, as a result of non-payment of earnings tax (ISR). in 2018. The PFF is in command of reporting crimes in tax felony issues within the occasion of alleged fraud towards the Public Treasury.
It’s the first time that the Prosecutor’s Workplace will examine a rector of the Nationwide Autonomous College of Mexico, in response to what was revealed by the newspaper Reforma. The grievance signifies the existence of a potential crime of tax fraud towards the Public Treasury. The grievance earlier than the Tax Prosecutor’s Workplace has been introduced to the authority anonymously and never via an audit or tax verification process, as normally occurs.
In the course of the fiscal yr of 2018, the previous rector declared earnings of seven.2 million pesos, when his earnings was really 8.1 million, in response to the grievance. At the moment he was nonetheless president of the college. “This quantity is a comparatively small quantity,” says Marco Antonio Mendoza, a lawyer specializing in tax issues and a part of the Tax Fee of the Mexican Institute of Public Accountants (IMCP). “Typically, a course of just isn’t initiated towards a taxpayer for this quantity,” provides the specialist.
Tax crimes are financial crimes that encompass defrauding the general public treasury via non-payment of taxes, explains the professional. If discovered responsible, the previous rector may face a sentence of three months to 2 years in jail, though Mendoza considers it unlikely that he would ever go to jail for the reason that quantity concerned was lower than 1.7 million pesos. “It’s a minimal penalty that in lots of instances may end in a potential conditional suspension of the method,” feedback the lawyer. “In any case, the injury may very well be repaired by paying a high quality plus surcharges and requesting the suspension of the method with out issuing a conviction,” provides Mendoza.
In Mexico, tax fraud is punishable by this penalty if the quantity defrauded doesn’t exceed two million pesos. If the determine is larger than two million, the penalties vary from three to 5 years in jail. The specialist explains that he sees justified preventive detention as unlikely as a result of in such a crime the legislation establishes that if the defrauded quantities are paid, the tax authority will be requested to not proceed with the process.
Regardless of every thing, the lawyer factors out that there’s little or no time left for the investigation for the reason that tax legislation itself offers a interval of 5 years to file the grievance, so it’s potential that no motion might be taken towards the previous rector. “If mentioned declaration was introduced in 2019, there might be the potential of the case being precluded and shedding the suitable to file mentioned grievance,” provides Mendoza.
An ophthalmologist and profession tutorial, Graue was rector of the UNAM from 2015 till final yr and was changed by Leonardo Lomelí in November 2023. His final yr in workplace was marked by a tense relationship with the Government Department and criticism from the president. López Obrador who accused the college of “going proper” throughout his administration. His defenders acknowledge his serene disposition and his staunch protection of the autonomy of the very best Home of Research.
The lawyer explains that the distinction between quantities may vary from a numerical error to an error of not contemplating sure earnings. “The trigger will be something from a easy involuntary omission to a deliberate one,” he feedback. “We must know the place that earnings got here from or if maybe there have been some extra undeclared quantities, up to now every thing is theory as a result of we all know little or no in regards to the case,” says Mendoza.
Graue has been a member and consultant of the academic sector on varied governing boards of the Nationwide Institutes of Well being. He was additionally a part of the Normal Well being Council and was head of the capital’s Well being Advisory Council. He’s at present a part of the board of trustees of the Fundación Conde de Valenciana Institute of Ophthalmology. He was additionally president of the Nationwide Academy of Drugs, between 2015 and 2016, and was a world advisor to the Analysis Committee of the Nationwide Eye Institute in the US, in 2006.
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