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Salinas Assets Handed Over To Mexico
by Ulrika Lomas, Tax-News.com, Brussels

23 June 2008

Switzerland will hand over to Mexico assets of Raul Salinas totalling approximately USD74mn, it was announced on Wednesday.

Other assets, which are not of criminal origin, have been unfrozen.

This ruling by the Federal Examining Magistrate responsible concludes proceedings that have lasted over 12 years.

The case is a further demonstration of Switzerland's willingness to act resolutely to prevent abuse of its financial centre and return assets of criminal origin to the victims, the government has argued.

The Mexican authorities are conducting a criminal investigation into the activities of Raul Salinas (brother of the former President, Carlos Salinas) and others in connection with money laundering and the embezzlement of public funds.

The Swiss authorities initiated criminal proceedings for money laundering in 1995, which they finally transferred to the Mexican authorities in 2002. Some USD110m were frozen at the time, as part of the Swiss proceedings, and on the basis of an application from Mexico for legal assistance.

On 19th December 2007, Mexico applied to Switzerland for the surrender of the Salinas assets frozen in Switzerland.

The Mexican authorities demonstrated, with the support of bank documents and other papers, how public funds amounting at the time to around USD66mn had been misappropriated and moved to domestic banks.

The Swiss authorities had already reconstructed the trail of the funds outside Mexico.

On the basis of the Swiss and Mexican proceedings, the clearly criminal origin of these assets was demonstrated, thereby fulfilling the requirements for their early handover. The parties concerned have not opposed the handover of these assets, totalling USD74mn (including interest), to Mexico.

Since the investigations did not reveal any indications that the remaining assets were of criminal origin, they have been returned to the claimants, whose claim had already been accepted by the civil courts in Switzerland.

By way of derogation from the principle that legal assistance is provided free of charge, the Federal Examining Magistrate has also ordered that CHF2.2mn be transferred to the federal treasury, and CHF1.1mn to the treasury of the Canton of Geneva.

These sums will cover the costs of the Swiss authorities' wide-ranging activities since 1995.

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