What exit do I have if I am being accused of tax fraud and money laundering? If you consider that you committed the crime of tax fraud and money laundering, surely this article will be of interest to you, to know the alternative solutions and the different solutions to the trial regarding these crimes, it is important to know what they consist of.
1. What do they consist of and where do we find them established?
These two crimes can be found in article 108 of the Federal Tax Code and 400 Bis of the Federal Criminal Code.
At the time of talking about tax fraud, we are referring to those who, with the use of deception or taking advantage of errors, totally or partially omit the payment of any tax or obtain an undue benefit to the detriment of the federal treasury.
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Whereas when we talk about money laundering, it is about the person who, by himself or through a third party, performs any of the following behaviors:
I. Acquire, sell, manage, custody, possess, exchange, convert, deposit, withdraw, give or receive for any reason, invest, transfer, transport or transfer, within the national territory, from this to abroad or conversely, resources , rights or assets of any nature, when you are aware that they come from or represent the product of an illegal activity.
II. Conceal, conceal or intend to conceal or conceal the nature, origin, location, destination, movement, property or ownership of resources, rights or goods, when it is aware that they come from or represent the product of an illicit activity.
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2. How do these crimes proceed?
On the one hand, tax fraud proceeds at the time the complaint is filed, and on the other, money laundering proceeds with the complaint from the Ministry of Finance and Public Credit.
3. Are they crimes that merit preventive detention?
Pre-trial detention is appropriate when:
The amount of the defrauded exceeds $ 8,965,470.00, is exclusively qualified, which is established in article 108 subsection A to H, of the Federal Tax Code and in the case of fiscal years as of January 2020.
Preventive detention will not proceed if the aforementioned assumptions are not met.
4. Does the reparation agreement proceed?
Reparatory agreement is not applicable since they do not comply with the assumptions established in the National Code of Criminal Procedures.
5. Is the conditional suspension of the process appropriate?
There is no conditional suspension of the process since they do not comply with the requirements established in the National Code of Criminal Procedures.
6. Is there any way out other than trial if I am being accused of tax fraud and money laundering?
Regarding tax fraud, they will be dismissed at the request of the Ministry of Finance when the defendants pay the contributions originated by the imputed facts.
It does not apply to money laundering.
What exit do I have if I am being accused of tax fraud and money laundering?
The Mexican criminal process explained in English
