Thursday, June 11, 2020

General León Trauwitz: Amparo Denied Regarding Clandestine Pemex Takes

Yaqui for Borderland Beat from: Aristegui / La Jornada
                General Trauwitz, denied Amparo, accused of theft of hydrocarbons in Pemex

The former deputy director of Strategic Safeguarding of Pemex instructed security agents that when they found a clandestine take, they should not report them to other departments.

A federal judge based in the State of Mexico denied an amparo to General Eduardo León Trauwitz, who served as Pemex's head of security, accused of the crimes of organized crime and illegal oil theft.

Trauwitz is one of the military investigated since last year by the current federal government, given his probable responsibility in the theft of hydrocarbons from the parastatal. 

According to the investigations, he used his position as deputy director of Strategic Safeguarding of Pemex, and formed a group that was dedicated to repair by hand the clandestine intakes that criminal groups operated , in a way that allowed their reuse and thereby prevented the specialized areas of Pemex correct those theft points permanently.

In the resolution, Judge Eutimio Ordóñez Gutiérrez, head of the Fourth District Court in Matters of Amparo and Federal Trials in the State of Mexico, indicated that although he did not have access to evidence such as the inspections carried out on the clandestine taking of “huachicol”, and also noted evidence to support directly the crime of organized crime , there are circumstantial data that assume the existence of the "corporation" criminal to within Pemex, according to La Jornada .

In the ruling in file 629/2019, he argued that it is true that there is no direct evidence of the existence of this corporation, "but it is possible to infer it, through test data that supports premises, including that in the there was a constant, repeated and widespread practice throughout the country, that was, when Pemex's Strategic Safeguard Sub-Directorate consisted that, when security agents found a clandestine take, they had to disable it in a rustic way and had orders not to report it to other departments. technical and maintenance of the pipelines or the legal department to make the corresponding complaint.

The federal judge based in the state of Mexico denied an amapro to General Eduardo León Trauwitz, who served as Pemex's chief of security, accused of the crimes of organized crime and illegal oil theft. 

Trauwitz is one of the military investigated since last year by the current federal government, given his probable responsibility in the theft of hydrocarbons from the parastatal. According to the investigations, he used his position as deputy director of Strategic Safeguarding of Pemez, and integrated a group that was dedicated to repair by hand the clandestine intakes that criminal groups operated, in a way that allowed their reuse and thus prevented the specialized areas of Pemex from correcting those theft points definitively. 

 In the resolution, Judge Eutimio Ordóñez Gutiérrez, head of the Fourth District Court in Matters of Amparo and Federal Trials in the State of Mexico, indicated that although he did not have access to evidence such as the inspections carried out on the clandestine taking of “huachicol”, nor did it observe evidence that directly supports the crime of organized crime, there are indicative data that suppose the existence of this criminal “corporation” within the parastatal. 

In the ruling in file 629/2019, he argued that it is true that there is no direct evidence of the existence of this corporation, “but it is possible to infer it, through test data that accredits premises, including that in the There was a constant, repeated and widespread practice throughout the country, which was that when security agents found a clandestine take, they had to disable it in a rustic way and had orders not to report it to other departments. technical and pipeline maintenance nor to the legal department to make the corresponding complaint. 

"The crime is consummated by the mere participation in the criminal organization, because it is a crime of danger, abstract and intentional that causes the commission of other illegal, a circumstance for which the crime of organized crime is typified even when not no executive act of various crimes is carried out; that is to say, what the criminal type of organized crime sanctions, is the materialization of the premeditated decision to organize or adhere to a criminal cell or to create it, both circumstances with the purpose of committing other crimes ”. 

What is typified, he said, is the premeditated organization, in fact, of three or more people to permanently or repeatedly commit any of the crimes related to the precept itself, which threatens social security and stability, and against the Rule of law. 

For this reason, he added, "this generalized procedure suggests that there was indeed a de facto organization that had the purpose of allowing the theft of hydrocarbons by 'hiding' the clandestine takings, which was achieved by omitting the corresponding report and also rusticically neutralizing the taking" . 

General Eduardo León Trauwitz:
Some Backround:
Pemex controls ordered me to place clandestine shots: ex-military | Testimony /By Order of General León Trauwitz : May 10, 2019  AN

Former military man Moisés Merlin Sibaja indicated that they were even forced to wear uniforms to appear military and to use “pixelated” Army vehicles.

The former military man and former employee of the Physical Security Services Management of Petróleos Mexicanos (Pemex), Moisés Merlin Sibaja, affirmed that high-ranking officers of the parastatal , by order of General León Trauwitz , ordered them to place clandestine shots as part of their work.

In an interview for Aristegui En Vivo , Merlí Sibaja pointed out that they were even required to wear uniforms to pretend they were military , as well as to use vehicles that appeared to belong to the Mexican Army .

"In all of 2016 it was to disable and hide shots in Puebla and Tierra Blanca. I passed the thousand shots in one year mark. We started four, then they divided each one of us and assigned us an assistant and to carry out the activity, they ordered us to dress up as tankers in khaki uniforms and even as a military man, assigning me a pixelated van with the initials of the Army, ” said the former military man.

Moisés Merlín Sibaja decides to resign Pemex because in January 2017 , he was ordered to go to Barranca del Águila, a place in Puebla, where Mr. Wenceslao Cadenas Acuña arrived, who later replaced the deputy director of Safeguard, General León Trauwitz; and Luciano Aldana Portugal, who replaced General Sócrates Herrera as manager of Physical Security, and " they are the ones who order me to put up a clandestine take ."

“There was a colonel that I only knew as Ferreira, he orders me to proceed to put the shot. Luciano Aldana Portugal grabbed me by the shoulder and, in order to convince me, says: look, they are going to give you seniority, they are going to make you group leader, support us ” .

In such a situation, Moisés Merlin Sibaja decides to resign. “I told them that if I did that activity I would rather leave them in uniform and take action against them. I notified Major Casas of the order they were giving me and he replied: sons of his p… m… I don't know what they want .

"I went back to join San Martín Texmelucan, I did some work and I decide to leave a writing where I report chronologically the reasons why I decide to leave the job and take legal measures, no matter the crimes that are also imputed to me," said the ex-military Moisés Merlin Sibaja.

Death threats from organized crime:
The criminals had also threatened us with death for doing this activity. In Tierra Blanca, Veracruz, together with two companions after disabling clandestine shots in a place called Las Prietas, we were intercepted by three vehicles, with long weapons and threatening to kill us, they told us to get him down now, to open up because the cartel it was bloody, that the sun was out for everyone and also death ”.

The former Pemex employee pointed out that he reported these threats to Colonel Sócrates Herrera, who “as if it were a simple comment, did not give importance. He did not show concern. ”

Ratification of complaint to the FGR:
“In January 2019, I was called by the Office of the Attorney General of the Republic (FGR) and I ratified my complaint. I said just as I had said in 2017, ”said the former military man.

He added that on February 14 and 15 he was summoned again to go to some areas of Puebla to confirm the existence of any indication of what he denounced. He pointed out that he had provided part of a logbook of clandestine captures, however, in some cases, they were "already worked, that is, duly disabled." Meanwhile, Moisés Merlin Sibaja is "waiting for a trial against these people" ...
     Military stole fuel with permission from superiors: story of a former Pemex security employee
AN / May 3, 2019 

Iván Rivas, who was employed by Pemex's Physical Security Services Management, revealed acts of corruption that he experienced during his 11 years of experience in office.

In Oaxaca, the military participated in the theft of fuel with the knowledge of its Coronel, while in Sinaloa, the measures to prevent it were not adequate and the evidence was eliminated, said  Iván Rivas , who was employed by the Security Services Management Physics of Petróleos Mexicanos (Pemex) for 11 years.
                                                                       NO VIDEO
He recalled that in Salina Cruz, Oaxaca, along with his colleagues, he found intakes of up to 5 kilometers of bypass , connected from the pipeline to containers of 5,000 liters per piece.

He commented that in order to combat the theft of hydrocarbons, they should have support, such as vehicles and personnel to accompany the patrol; however, these were minimal.

"The increase in fuel theft is based on the fact that management personnel in Mexico, those who direct, those who are in the office, do not realize what is happening in the gaps, they began to take support from us. We did not have vans, I got to work in a borrowed three-and-a-half ton pipeline van, a "vieja" (old lady), that's how I gave my patrol service, " he added.

He recalled that one morning, after carrying out a patrol, accompanied by soldiers from the 13th Cavalry Regiment, from Ixtepec, Oaxaca, he went to the Antonio Dovali Refinery.

“I brought the command of that patrol and a companion named Víctor Manuel García, and another companion in another van behind. When I see that sign, I rush to the truck that was following me ... We went into the gap and I start to see some lamps and they threw me some lamps like signs "that indicated high", he added.

Upon arrival,  a lieutenant with the last name Valencia intercepted him. "There was a pipe and a Mercedes-Benz of the 13th Regiment, with containers of 1,000, 200, 50 and 20 liters".
     When Rivas questioned the lieutenant, but he only replied that they were "superior orders".

The journalist Ana Lilia Pérez specified that " those who were milking the pipelines at that time were soldiers from the 13th Regiment , who had been hired by Pemex to do the rounds with them."

He added that Rivas made a report on what happened; however, it was in "reserve" until 2023.

Subsequently, the Pemex ex-worker called the guard at the refinery to notify him of the robbery and they replied that they were going to speak to the Colonel.

“He arrived on the scene, and minutes later, the Colonel in charge of the 12th Cavalry Regiment arrived. They greeted each other ... And the head of our physical security, who is supposed to defend us, said "Let's see Chuta, come here." I went up to him and told him that we came from the 13th Regiment to leave his staff and as we circulated we found these tracks, we got in and we found this situation, and the Colonel (from the 12th regiment) said to me 'well, who are you? … And I said ''I am not to blame for you and your elements being thieves ''.  I told him so in front of my boss, he said.
Cadereyta, Nuevo León: 
Subsequently, in 2012, Rivas was transferred to Cadereyta, Nuevo León, where he arrived with the “finger on it”, that is, He was already indicated as “ a bad element”.

He said that there was an occasion when he was intercepted by three vehicles, and among them was a municipal police patrol.

“The moment I made the move to get out my gun, a 38 special, (as an official security person for Pemex) the man with the command approached me and said ''hey, hey, save your little thing, because if I wanted to make you water, I would have already made you of water, all I want is for you to stop bothering me ''... He was, I guess,  a representative of the Cartel , at some point, " he added.

On another patrol, Ivan Rivas and a colleague detected a pipe with only one tank of the two that had to circulate, which seemed suspicious. The tank truck driver explained that he arrived in Cadereyta from Tula, unloaded Methyl Terbutil Etery (MTE) and there he was loaded with stolen diesel.

"They offered him 10,000 pesos for "el jale" , ie "the pull'' , was what he said, and he picked up his co-pilot ahead, because he was the contact with the person to whom the product was to be delivered," he added.
He pointed out that contrary to the storage terminals, the refineries do not have authorization to load fuel however, they did, he found out later.

Topolobampo, Sinaloa:
Later, Rivas was sent to Topolobampo, Sinaloa, where the order changed: now the job was to cover the clandestine intakes with a mixture of white cement, nails and epoxy resin.

"The stopper was a soft drink container, which was filled with soil and the clandestine takeover had already been repaired and was no longer reported ... By order of General Eduardo León Trauwitz, Lieutenant Marcelino Mesinas ordered me that the work had to be done. do it that way, ” he said.

He said, "with this organized crime in the state of Sinaloa all I had to do is get a screwdriver, a little hammer and throw away the work that had been done."
Ana Lilia Pérez commented that General León Trauwitz, in his administration, had a very high budget to combat fuel theft, but he did not give workers even the minimum tools of their trade.

“There is also a money issue here. What was done with that budget? , because according to the Petróleos Mexicanos white paper, part of that budget was invested in buying weapons, but Mr. Rivas states, like his colleagues, that they did not have the tools to work, " he said.

Iván Rivas narrated that later by the order of Messinas he was no longer to report the clandestine captures and the vehicles involved in the theft of fuel to disappear , either by burning them or throwing them into a river .

"Another boss came, a Major Arturo Torres Vidal , and it was the same, the orders were blunt , ''in the clandestine shots you have to do the job if you want to, and if not, give it to me in writing, because my General  Trauwitz is firing everyone, '” he said. 
The former Pemex employee commented that many of his colleagues did comply with the order, which left them with consequences. "There is a corporal from the 42nd Infantry Battalion who burned a large part of his body and that was not reported, because they burned a van to disappear it."

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