How Brazos Abiertos is believed to engage in Money Laundering
The Secretaria de Hacienda y Credito Publico, (SHCP), which is the “Mexican IRS” confirms that neither “Brazos Abiertos, A.C.” nor “Fundacion BAI, A.C.” exist as bona fide nonprofit organizations authorized to solicit donations and issue tax-deductible receipts in Mexico. This can be verified by reviewing the S.A.T. (Servicio de Administracion Tributaria). The S.A.T. lising listing of all LEGITIMATE nonprofit organizations authorized to carry on their work in the State of Yucatan is available from this website upon request.
Furthermore, according to the City of Merida’s Registro de Propiedad, as the legal owners of the building located at Calle 72 #463-A, between 53 and 55 Streets in Centro, as Hector Tugores, Lizbet Tugores and Felipe Tugores, not “Brazos Abiertos, A.C.” or “Fundacion BAI, A.C.”
Knowing this, it is evident that Brazos Abiertos cannot have a bank account in Mexico – “legal fictions” are ineligible to open bank accounts.
So, how are the hundreds of thousands of dollars that Brazos Abiertos has raised in Merida handled?
Brazos Abiertos, Inc. reports the following individuals as Officers and Board Members: Gordon Crofoot, M.D. President; John Truax, Vice President; Jose Solis, Vice President &Chief Operating Officer; Nicole Longnecker, Executive Director; Chilton Greer, Board Secretary; Susan Patterson, Treasurer; Nita Lindley, Director of Education; Benjamin Ramirez, M.D. Medical Committee; Sally Russ, Board Development; Jane Kavanagh, Medical Committee; Carlos Cabrera, M.D. Medical Director - México; Rebecca Starr, Director of Development; Nick Noecker, Technology; Pete García, Marketing; Kathryn McNiel, Marketing; and Mayur Khare.
Of these individuals, four reside primarily in Merida: John Truax, Vice President; Jose Solis, Vice President &Chief Operating Officer; Benjamin Ramirez, M.D. Medical Committee; and Carlos Cabrera, M.D. Medical Director – México.
Of these four individuals, only two are officers: John Truax, Vice President; Jose Solis, Vice President &Chief Operating Officer.
John Truax, as Immigration (Instituto Nacional de Migracion) has confirmed, does not have an FM2 or FM3 visa, and is present in Mexico on a tourist card. Foreigners who are in the country on tourist cards are not eligible to open bank accounts or to engage in any kind of activity, fundraising included.
Mexico and the U.S. have very strict laws aimed at identifying and limiting activities associated with money-laundering, as a result of the ongoing fight against the drug cartels and terrorist organizations. Both countries have extensive regulations that govern how funds are moved from one country to the other.
In other words, in the absence of a proper bank account in Mexico in the name of Brazos Abiertos, A.C. one questions how monies raised in Merida were repatriated to the US for the account of Brazos Abiertos, Inc., the Texas organization.
Brazos Abiertos, Inc. reported in its IRS tax returns income from events that took place in Merida. This, of course, itself is illegal, since Mexican law prohibits funds raised for charitable purposes in Mexico to leave Mexico. The reason is self-evident enough: Why raise money in Mexico for charitable purposes in Mexico, send it out of the country, only to send it back? That’s how embezzlement, fraud and money laundering is likely to occur!
John Truax, Vice President of Brazos Abiertos, Inc., himself confirms the fraud in an email he sent, in his official capacity as an officer of Brazos Abiertos, Inc., to one of the companies that claims to have been defrauded:
“De: John Truax [mailto:jjphouston@sbcglobal.net]
Enviado el: miércoles, 16 de diciembre de 2009 15:30
Para: XXX
Asunto: Re: tax receipt
Dear XXX,
If you recall, we had the same issue last time when you donated for Brazos Abiertos, Inc.’s silent auction! Attached is a revised letter from Brazos Abiertos, Inc.
For clarification, Brazos Abiertos, Inc. is a non-profit status corporation under the US tax code.
Fundacion BAI A.C. is the legally registered non-profit corporation established in Mexico. Fundacion BAI has an RFC number but it is not a registered entity to issue tax exempt receipts. Once the building is operational, Fundacion will be able to apply for this status and issue tax exempt receipts.
All the events Brazos promotes in Mexico and the US are in the name of Brazos Abiertos, Inc., the entity that raises the funds for both organizations. All funds raised in either country go through the US non-profit and into the US non-profit’s bank account.
I hope this addresses your concerns.
We apologize for any inconvenience this has caused you,
John Truax”
In this email, John Truax admits and confesses that there is only one bank account – in the U.S. Therefore, this proves that neither “Brazos Abiertos, A.C.” nor “Fundacion BAI, A.C.” exist in Mexico, which is why it does not have a bank account in Mexico.
In this email, John Truax admits and confesses that all activities done in Mexico and in the U.S. are for “Brazos Abiertos, Inc.” in the U.S. This is further proof that “Brazos Abiertos, A.C.” and “Fundacion BAI, A.C.” are “legal fictions” –phantom companies that have no legal standing in Mexico.
In this email, John Truax admits and confesses that all funds raised in Mexico end up at the bank account of Brazos Abiertos, Inc. in Texas – which means that for the money to get there, it has to go through privae bank accounts in Mexico, which is a violation of AML (anti-money laundering) laws of both Mexico and the U.S.
More than 40 pages of emails and other documents have been provided by 6 Mexican companies that were defrauded by Brazos Abiertos (they were promised receipts that Hacienda would accept for tax-deductions, but they were never received such receipts), have been handed over to Hacienda investigators in Merida and IRS officials in Fresno, California (where tax fraud and money laundering investigations are carried out).
Both Hacienda and the IRS are investigating Brazos Abiertos, Inc. for money laundering.
|