Associates of Garcia Luna's Case Won't Impact His Sentence, According to UIF; Lawsuit May Be Rewritten Again
In a recent update, the Financial Intelligence Unit (UIF) of Mexico's Secretariat of Finance and Public Credit (SHCP) has clarified that the voluntary withdrawal of legal action against former Secretary of Public Security, Genaro García Luna, and his associates would not impact the original sentence passed against them. The UIF emphasized that a possible resubmission of the lawsuit would remain an option following the issuance of a condemnatory ruling.
The statement follows a civil trial in Miami, Florida, where Judge Lisa Walsh authorized ongoing dialogue between the parties to negotiate beyond the mandatory mediation stage. The UIF indicated that, despite substantial progress in concluding an agreement to help Mexico delve deeper into the corruption network under investigation and recover assets linked to it, the agreement could not be finalized by the set deadline.
In response, the parties requested Judge Walsh to grant a procedural measure of voluntary withdrawal of the lawsuit without prejudice, enabling the resolution of the agreement's viability. Jeopardizing the finalization of the agreement within the next 30 days would allow Mexico to refile its lawsuit before the same court to continue the trial until a final decision is reached.
It is crucial to note that, as per Rule 1.420(a)(1) of the Civil Procedure Code of Florida, Mexico may voluntarily withdraw its lawsuit at any time by submitting a stipulation signed by both parties before the court. This action generally prematurely terminates the legal process, leaving the merits unresolved. However, in this specific case, the parties requested the judge to retain jurisdiction to issue a sentence only if an agreement is reached. Otherwise, the possibility of resubmitting the lawsuit remains open.
At present, the court in Florida has ordered García Luna and his wife, Linda Cristina Pereyra, to pay over $2.4 billion to the Mexican government. This decision stems from a civil case involving corruption and money laundering related to public contracts during García Luna's tenure as Mexico's Secretary of Public Security.
- The ongoing negotiations between the parties in the Miami civil trial, which revolves around finance, business, and general-news topics such as corruption and money laundering, may allow for a resolution that is beneficial to Mexico's investigation into a broader network.
- In the wake of the current proceedings, the possibility of resubmitting the lawsuit against Genaro García Luna and his associates, originally focused on politics and finance, remains open if an agreement is not reached within the next 30 days.
