Overview
- The Supreme Court granted Banco Actinver an amparo and set aside the December 2022 civil sentence that had ordered the bank to pay about 1,100 million pesos, then sent the case back for a new judgment.
- The ruling, issued by a majority in a project written by Minister Irving Espinosa Betanzo, found Actinver acted with the legal diligence required of fiduciaries when it restricted a trustee's powers after orders from the Unidad de Inteligencia Financiera.
- The court redefined 'buen padre de familia' as an objective statutory standard of prudence and legal compliance for fiduciaries rather than a subjective paternal duty, and instructed lower courts to apply that test going forward.
- One minister dissented, warning the decision could weaken protections for people who place assets in trusts by giving fiduciaries greater leeway when they cite compliance with regulatory or prosecutorial measures.
- The dispute remains open because the lower court must issue a new ruling, and the matter is connected to a separate FGR investigation into an alleged Infonavit fraud for which Rafael Zaga Tawil is facing charges and is currently detained in the United States.