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Carlos Aguirre-Morales, former Undersecretary of Expenditures of the Ministry of Finance and Planning of Veracruz, during the administration of Governor Javier Duarte must return to the federation more than 278 million pesos, after the Federal Court of Administrative Justice (TFJA) ratified the decision of the General Director of Responsibilities of the Legal Affairs Unit of the Superior Audit of the Federation (ASF), according to which it must compensate the damage caused to the federal public treasury.

The 11 magistrates that make up the plenary session of the Court approved the presentation presented by the magistrate Guillermo Valls Esponda, according to which the former Veracruz official did not prove his claim and, consequently, the validity of the contested resolution is recognized, as well as the one originally appealed.

During the contentious-administrative trial 18352/19-17-10-3/1178/21-PL-03-04, the rapporteur magistrate explained that during the hearing, the former official was unable to undermine the conduct attributed to him, especially since the burden of approval fell precisely on him.

For this reason, it concluded that the typicity crime was not violated when the actor was charged with the transgression of the norms and regulations.

It was considered that the elements for updating the compensatory responsibility were formed, the existence of a subject (the public servant), a conduct (omission), a damage to the public estate federal and a causal relationship.

Consequently, it was proven that the actions of the authority complied with the motivation and substantiation requirements, that is to say that in the specific case the normative hypotheses were configured, specifying how its conduct caused the patrimonial damage attributed to it.

He explained that the contested resolution is the relapse to the reconsideration appeal dated July 15, 2019, issued by the General Director of Responsibilities of the Legal Affairs Unit of theto Superior Audit of the Federation, in which the diverse issued within the procedure for the establishment of compensatory liability of November 20, 2018, by the aforementioned official, was confirmed, in which the existence of the compensatory liability was determined, among others, by the petitioner in his quality of direct responsibility for the amount of 278 million 780,420 pesos, which includes the damage caused to the State in its federal public finances, as well as the issuance of the definitive list of responsibilities for the aforementioned amount.

In the fourth recital, the relative grievance was declared unfounded based on the fact that the reconsideration resource is not the responsibility of the hierarchical superior, but as established by the internal regulations of the Superior Audit of the Federation, this is the responsibility of the General Directorate of Responsibilities attached to the Legal Affairs Unit of the Superior Audit of the Federation.

In the fifth recital, the relative grievance in article 57 of the Federal Auditing and Accountability Law and article 54 of the Federation Treasury Law were declared unfounded, referring to different assumptions, while the first refers to monitoring unspent money and the second tends to review the proper use of the expenditure exercise once it has been spent.

In this sense, it is noted that such norms do not concur in their areas of personal and material temporality and spatiality, as the former official argued.

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