Of the nearly 2,600 people who filed a lawsuit for property damage against the National Banking and Securities Commission (CNBV) for its actions in the case of the former popular financial company (sofipo) Ficrea, only one exceeded all possible instances, including the Supreme Court of Justice of the Nation (SCJN)so now it is only a matter of days before he is compensated, with everything and interest, thanks to a court order.
Recently, the Federal Court of Administrative Justice (TFJA) ordered the president of the CNBV, Jesús de la Fuente Rodríguez, to comply with a ruling of September 17, 2019, which orders the head of this regulatory body to pay the applicant saver the amount of 1 million 53,258 pesos, which corresponds to the total of two investments plus interest for one year.
“The defendant authority, that is, the head of the National Banking and Securities Commission, is required to certify full compliance with the aforementioned sentence within three days, that is, to issue a resolution in which it recognizes the patrimonial responsibility of the State in which it incurred”, can be read in the agreement of the tenth Metropolitan Regional Chamber of the TFJA dated last March 1.
According to the document held by this medium, in case there is no response from the CNBV, the president of this authority could be entitled to a fine equivalent to 300 at 1,000 days of minimum wage.
It was in September 2019, when different resolutions of the TFJA began to come out against the CNBV for the case of Ficrea, a financial company that, due to an alleged triangulation of resources, defrauded more than 6,800 people.
Based on the testimonies of different lawyers, affected and familiar with the case, it is estimated that there were around 2,600 people who filed a claim for property damage against the CNBV, within the corresponding period.
However, of these cases, it is estimated that around 160 lawsuits reached the TFJA, which is the last instance to resolve such matters. Of these, about 20 managed to reach the end of the matter despite all the appeals filed by the CNBV, but thanks to the fact that the SCJN took up the issue of ficreamost of these cases were stopped.
“They had already won more than 20 protections from different collegiate courts, but when the SCJN backs down and decides to enter the case, it issues a jurisprudence in this regard and, obviously, almost all those protections fell,” lawyer Jaime Cruz explained to this medium. , who was able to make different demands reach the final instances.
In this context, there have been only two cases that were able to circumvent the entire legal process, including the SCJN; however, so far, in only one case has it been confirmed, via a ruling, that the CNBV has to pay the defendant for non-pecuniary damage.
“All the claims that I filed are identical, only the names, amounts and dates change, good or bad they are the same arguments. It cannot be that in two cases the SCJN has agreed with me and in the others it has told me that yes, that the review resources filed by the CNBV had to be admitted, it cannot be”, lamented the lawyer, who started since 2015.
Although the CNBV already has to issue the resolution and give a payment date, until the publication of this note neither the saver nor the lawyer had been notified. For Cruz, it is a matter of days for the regulatory body to give signals in this regard.
Sources familiar with the case on the part of the government, recognized that there is a ruling for property damage that can no longer be reversed by the CNBV, since all possible instances have been exhausted, so now it only remains to define the payment.
Olvera with public defender
For its part, the process against the main shareholder of Ficrea, Rafael Antonio Olvera Amezcua, continues, with different accusations that he has to face while he is confined in the South Prison.
According to the audit of the commercial bankruptcy, which closely follows a lawsuit against Olvera Amezcua for fraud, where more than 2,300 million pesos are claimed in favor of the savers, the accused has followed his process with the representation of a public defender. , that is to say, that he has not hired any lawyer to defend him.
“He has not hired any private lawyer. He has requested that it be the public defender’s office to take charge of his defense and possibly this means that he does not want to spend on lawyers,” explained Fernando González, intervener within the commercial bankruptcy.
Currently, the process is in the stage of uncovering evidence and collecting testimonials, which, according to lawyers, support the accusations against Olvera Amezcua.
For savers, the most important thing is that both the amount claimed, as well as the insured goods, can be used to be paid within the commercial bankruptcy process, as part of the reparation of the damage to those affected.