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Customs files complaint and becomes plaintiff in criminal case for overbilling

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El on June 23, 2022, the Import Valuation and Documentary Verification Department of the General Directorate of Customs, through action No. 17995.117.2022, carried out complaint for alleged crime of smugglingIn this context, the Economic Criminal Court instructed case no. CPE 561/2022 pending before the National Economic Criminal Court No. 2, located in the Autonomous City of Buenos Aires, according to the judicial document provided by the organization.

Motivation

The complaint is based on a series of customs import operations, through which profits of alleged spurious origin would have been applied to the economic and financial market, obtained through import overbilling maneuvers, through which foreign currency would have been improperly transferred abroad.

Customs assumes the role of complainant

El August 12th, 2022 the Economic Criminal Court No. 2, in the case CPE 561/2022, had as plaintiff the General Directorate of Customs, based on the fact that the legitimacy to be considered a plaintiff arises from the injury of a legal asset protected by law, as a general rule, and corresponds to the holder of the violated right, that is, the individual offended by that crime.

Measures requested by Customs and ordered by the Court

After admitting the DGA's status as a complainant, the Court favorably attended to the measures requested by the fiscal area of ​​the General Subdirectorate of Customs Legal Technology and ordered different requests for reports to the Central Bank of the Argentine RepublicIn the Criminal Planning Department AFIP. already the own General Directorate of Customs, in relation to the currency transfers and customs operations involved in this complaint.

Likewise, through the intervention of the Financial Information Unit, has requested to expand collaboration so that through it, it may inform the court of the action brought in the present proceedings FinCEN (Financial Crimes Enforcement Network) of the United States based on its powers and the scope of the reported events, as well as information, if applicable, on the existence of reports of suspicious money laundering operations regarding the exporter.

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