FROM A
DIFFERENT ANGLE by Kenneth Rijock
Financial Crime Consultant, for World-Check
Mexican Casa de Cambio sues for return of seized funds
29 July 2007

Casa de Cambio Puebla, SA, a major Mexican money service business has filed suit in United States District Court, a Petition for Return of Seized Funds, more than $11m in seized and frozen funds of the MSB, held in London & Miami*. The seizure warrant was served on 16 May, 2007 in Miami, but the US government has not filed a civil forfeiture action, and the MSB alleges that the US Attorney's office refuses to release any information, saying that, since the affidavit is sealed by the Court, it cannot make any disclosures. The Petition was then filed to resolve this matter.

The facts detailed in the Petition include that Casa de Cambio Puebla SA [UID 662158] has a customer identification programme, effective KYC policies, CTR and SAR policies, PEP, high-risk and internal controls,  all of which are detailed. The petitioner claims that the funds seized and frozen are legitimate and should be returned forthwith, due to the lack of evidence proving links to drug trafficking..

It is perhaps noteworthy that the MSB's attorney is Frank Rubino, who is also the lawyer for General Manuel Noriega, and is an experienced criminal defence specialist.

The Petitioner states:

  • It has followed all relevant Mexican & US laws "with respect to anti-money laundering detection and reporting."
  • The funds seized were those of a lawful business licensed and monitored by the Mexican National Treasury Department through the National Banking and Securities Commission of Mexico.
  • Personal funds of legitimate individuals, which were in transit through Casa de Cambio Puebla, will be lost, unless the funds are returned. The MSB will also be forced to close.

The MSB is requesting an evidentiary hearing, at which time its CEO and officers will appear in person and give testimony.  We agree that the ends of justice require that the government prove its case, in an adversary proceeding, through a preponderance of the evidence. If the MSB was involved in money laundering, by all means, prove it, and justify the seizure.

The United States Attorney has not yet responded to the Petition, but we shall be closely following the progress of this case for our readers.

For further research: Casa de Cambio Puebla SA vs. United States for Seizure Warrant, Case No.: 07-cv-21789-JAL.
_______________________________________________________________________________________________________
For our readers who have been trying to guess which major American bank was carrying this account, it was the same one we pointed out in our last article that was banking the Peruvian drug kingpin, after he was designated by OFAC. The bank was named in the Petition for Return of Seized Funds, so it is in the public domain.    

The facts and opinions stated in this article are those of the author and not those of World-Check. World-Check does not warrant the accuracy of any facts and opinions stated in this article, does not endorse them, and accepts no responsibility for them.

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