According to an official asset declaration first made in 2013,
Pena Nieto stated that he acquired the property through a "donation"
or gift from his father. Pena Nieto, who made his asset declaration
public in 2013 as part of a transparency and accountability push,
has since updated and ratified this declaration twice.
Under a public information request, Reuters reviewed documents
showing that Pena Nieto actually purchased the property in question
- a 1,000 square meter piece of land in the town of Valle de Bravo -
in 1988 from a third party. He paid 11.2 million pesos, equivalent
to about $5,000 at the time, the registry shows. His wealth
declaration lists the property as being valued at just 11,200 "old"
pesos, the equivalent to about $5 at the time.
Reuters was unable to determine why Pena Nieto's declaration
mischaracterized the purchase as a gift and understated the price.
The declaration lists eight other real estate properties, five of
which are also listed as donations. Reuters could not determine if
those five properties, which include houses and land, are accurately
characterized.
Mexican public officials face no requirement to explain the source
of any funds used to obtain properties they receive as gifts, but
they are required to accurately declare how they acquire their
properties.
The president's office, asked to explain the discrepancies in the
documents, declined repeated requests to comment.
Several hours after Reuters published its story, the president's
spokesman publicly released a letter on the presidential website
addressed to Reuters reporter Simon Gardner.
It asserted that the property was a donation and that Pena Nieto's
father had purchased it in his son's name.
Pena Nieto has been under pressure in recent months over a series of
conflict-of-interest scandals centered on properties he, his wife
Angelica Rivera and Finance Minister Luis Videgaray acquired from
government contractors.
Mexican journalist Carmen Aristegui and her colleagues reported last
year that Rivera was acquiring a multi-million dollar home from a
unit of a government contractor which was part of a Chinese-led
consortium that had won a $3.75 billion high speed rail contract.
The Wall Street Journal later reported that Pena Nieto purchased a
home from a developer which, the newspaper said, went on to win
millions of dollars in state public works contracts.
The president has denied any wrongdoing. But the scandals have
overshadowed a major economic reform drive that Pena Nieto was
hoping would boost the world's 15th biggest economy.
UPDATE COMING
Pena Nieto will publish his annual asset declaration update later
this week with more details, an official at the presidential palace
said. He will not reveal his wife's assets, because she is neither a
public servant nor financially dependent on him, the official added.
Ten lawyers and law professors at top Mexican law firms and law
schools consulted by Reuters said the incorrect asset declaration
could spell legal trouble for the president. The discrepancy between
the registry documents and his official declaration constitute a
false statement to authorities, they said.
Several lawyers pointed to the Federal Law of Public Servants'
Responsibilities. Article 80 of the law lists which officials,
including "even the president of the republic," must declare their
wealth to authorities under oath. "The public servant whose wealth
declaration lacks truth ... will be suspended, and when its
importance merits it, removed from office and disqualified for three
months to three years," the law states.
Several lawyers said they thought the president's wealth declaration
should be audited given the discrepancy.
"The property is declared as a donation from the father, when it is
in reality the result of a purchase," said Victor Blanco, a Mexican
lawyer and academic. "It is incurring falsehood."
Officials who are unable to justify the source of their wealth can
face an audit for suspected illicit enrichment. If proven, that
would be a crime under Article 224 of Mexico's Federal Penal Code.
One lawyer, speaking on condition of anonymity, said he believed the
president could argue that the money used to buy the property was
donated to him, and that the discrepancy would not be a major worry.
[to top of second column] |
Lawyers added that there are few precedents for prosecuting senior
officials under these laws.
Reuters was unable to check Pena Nieto's other real estate holdings
because his wealth declaration doesn't list the addresses of the
properties. Mexico's opaque and decentralized property registry
makes it difficult to verify the ownership and purchase details of
land and buildings. There are more than 220 public registry offices
across the country, many of which lack searchable electronic
databases. Even modernized registries can be of limited use.
At some public registry offices, members of the public can search an
intranet of property records. However, to request a copy of a
particular property registration, the user must know the number of
the "folio," a compendium of paper records in which properties are
originally listed. Searching on an individual's name sometimes turns
up no information.
In the case of the president's property identified by Reuters, a
computer search in the public registry in Valle de Bravo, a leafy
upmarket retreat a two-hour drive southwest of Mexico City,
initially came up empty for Pena Nieto. A reporter then reviewed old
paper files at the registry office, and found the president's name
along with a folio number. That enabled the reporter to find the
records for the Valle de Bravo property.
FURTHER DISCREPANCIES
There are other discrepancies in Pena Nieto's declaration of assets.
He reported the value of the Valle de Bravo property as 11,200
so-called "old pesos," when the property registry shows he
originally paid 11.2 million old pesos. Mexico was gripped by a deep
economic crisis in the 1980s, and in the early 1990s the peso was
revalued by lopping three zeros off the hyper-inflated currency.
Pena Nieto's declaration includes two other properties registered in
old pesos, which lawyers said appeared to underplay their real
worth.
One of those properties is a 560 square meter piece of land
containing a 492 square meter house. The president's declaration
says he acquired the property in cash in 1982, when he was a
16-year-old schoolboy. The other property is a 24,000 square meter
piece of farmland.
Converting the declared amounts using today's exchange rate, those
two properties are valued in his declaration at a total of just
$102.
Not counting these three properties, Pena Nieto declared assets
totaling about $3 million in May 2014.
Pena Nieto made his first declaration of assets as president in
early 2013. At that time, he listed nine properties, six of which
were described as donations. He didn't report their locations or
values or name any of the donors.
In May 2013, he amended his declaration to specify that the donated
properties came from his mother or father, and assigned them values.
Pena Nieto ratified his declaration again last year, but still
withheld the location of the properties.
Shortly after filing his first asset declaration with the
government, Pena Nieto followed his two immediate predecessors and
made the report public. He vowed his government would be open.
"I am doing this, not just because of a legal mandate, but also as
an ethical obligation ... to do with accountability," he said at the
time. "Above all I reaffirm my democratic conviction to conduct
myself with absolute transparency."
(Edited by Michael Williams)
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