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2mo ago

Mexico’s Supreme Court Takes Up Diesel Contraband Case to Decide SAT or ANAM Authority

The justices will determine which authority represents the federal fiscal interest in contraband cases, a decision that will shape whether a revoked prosecution against a fuel importer proceeds.

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Overview

  • In a unanimous vote, the SCJN agreed to hear an amparo tied to a 2019 diesel import scheme and will assign a minister to draft a ruling.
  • The central issue is whether the SAT or the ANAM holds standing to represent the Federation in contraband matters after customs functions shifted in 2022.
  • A federal colegiado had overturned the defendant’s vinculación a proceso, finding the FGR moved forward without ANAM’s prior intervention and without a valid querella from the competent authority.
  • Prosecutors allege the Atlantic Bay brought 28.7 million liters of diesel in 2019, of which only about 7.2 million were declared, causing an estimated 173 million pesos in fiscal damage.
  • The case reached the Court after the SAT filed an amparo and the businessman pursued a complaint; Minister Irving Espinosa Betanzo proposed the Court’s intervention.