STANFORD FRAUD CASE SHAKES MEXICAN INVESTORS

UNCLAS SECTION 01 OF 02 MEXICO 000544 SENSITIVE, SIPDIS STATE FOR WHA/MEX, WHA/EPSC, EB/IFD/OMA, AND DRL/AWH STATE FOR EB/ESC MCMANUS AND IZZO USDOC FOR 4320/ITA/MAC/WH/ONAFTA/GERI WORD USDOC FOR ITS/TD/ENERGY DIVISION TREASURY FOR IA (ALICE FAIBISHENKO) DOE FOR INTERNATIONAL AFFAIRS (KDEUTSCH AND ALOCKWOOD) NSC FOR DAN FISK STATE PASS TO USTR (EISSENSTAT/MELLE) STATE PASS TO FEDERAL RESERVE (CARLOS ARTETA) E.O. 12958: N/A TAGS: ECON EFIN ENRG EINV PGOV MX SUBJECT: STANFORD FRAUD CASE SHAKES MEXICAN INVESTORS ¶1. (SBU) Summary: Mexican investors' confidence has been shaken once again by the financial scandal surrounding billionaire Robert Allen Stanford, this time affecting more Mexicans than the earlier Madoff case. Stanford Financial Group's Mexican subsidiary, Stanford Fondos S.A. de C.V., has reportedly been found to have defrauded hundreds of Mexican investors by offering them offshore investments illegal in Mexico. With no previous evidence of the illegal activities conducted by Stanford Fondos Mexico, the National Banking and Securities Commission (CNBV) has publicly stated that it only began investigating the case as of last week. Meanwhile, investors have joined together to protect their interests and file charges against Stanford in Mexico and the United States. End Summary. CNBV'S ROLE IN THE INVESTIGATION -------------- ¶2. (SBU) Stanford Fondos Mexico began operating in 2005 under the authorization and supervision of the National Banking and Securities Commission (CNBV). Very few Mexicans - only about six of the country's richest businessmen -- were affected by the multi-million Madoff fraud case unveiled a few weeks ago. This time, the Stanford fraud case seems to have hurt the investment of more Mexicans, ranging from businessmen to well-to-do families and well-known actors. The Embassy has even received nervous calls from highly-placed government officials. ¶3. (U)As of this time, the CNBV also announced that it has not frozen any assets belonging to the Mexican subsidiary. With no previous evidence of the illegal activities conducted by Stanford Fondos Mexico, the National Banking and Securities Commission (CNBV) has publicly stated that it only began investigating the case as of last week. On its webpage, www.cnbv.gob.mx, the CNBV has requested interested parties to post information and/or complaints, to help the authorities conduct the investigation. ¶4. (U) The CNBV announced February 17 and 19 that Stanford Fondos Mexico's authorization to operate in Mexico was limited to financial operations solely in Mexican investment funds. On February 23, the CNBV announced that no Mexican bank or financial institution had investments in Stanford International Bank or any other foreign intermediary related to it. Some of the Mexican investors have been able to withdraw their money from the Bank. As of January 30, Stanford Mexico administered funds for 706.8 million pesos (USD 47 billion). On February 20 the amount was reduced to 431.3 million pesos (USD 28.7 billion). Most of the investors who have been unable to withdraw their funds are those who invested in Stanford Financial Group based in Houston, Texas and through the Stanford International Bank Ltd. based in Antigua. ¶5. (U) As of February 25, ten persons have approached the CNBV with information. The CNBV also distributed a guideline to help investors find out whether their investments are regulated under Mexican laws or not. According to the CNBV, Mexicans who signed a contract directly with Stanford Fondos S.A. de C.V. should not have any problem in withdrawing their money because the securities in which they invested were registered at the "Registro Nacional de Valores". However, the CNBV alerts that those who signed a contract with another subsidiary of Stanford Financial Group should verify the recommendations made by the U.S. Securities and Exchanges Commission. GOM ONLY STARTED INVESTIGATING LAST WEEK -------------- ¶6. (SBU) In an interview this weekend, Jaime Villa, Director of Crimes and Sanctions of the CNBV, assured the public that those Mexicans who invested in Stanford Fondos Mexico and in Mexican funds will not face problems. Guillermo Babatz, head of the CNBV, also assured Mexicans that if their investments were made strictly under Mexican laws, their money was "completely safe". However, he expressed concern over illegal operations conducted by some of the funds' executives or front companies operating for Stanford Fondos. These activities involved encouraging some Mexicans to invest in MEXICO 00000544 002 OF 002 off-shore investments, which are currently illegal in Mexico. Investors have reportedly told the authorities, that the fund's executives never provided them with a legal contract for the transaction. In exchange for a personal check to the fund's executives, they were issued an informal receipt "of a Certificate of Deposit (CD) at a bank in Antigua". According to the CNBV, these off-shore investments are beyond the reach of Mexican regulators. Babatz noted that authorities will likely strengthen regulations to offer more protection to clients of investment funds. ¶7. (U) Enrique Zamarripa, director of Analysis and Registration at the National Commission for the Protection of Financial Customers (Condusef)stated that those Mexican investors who did not sign a contract in English and only have the receipts mentioned above, are entitled to get their money back. It seems that a good number of Mexicans did sign a contract with Stanford Funds in the U.S., and they will have to file their case under U.S. law. NO EVIDENCE OF MONEY LAUNDERING YET -------------- ¶8. (U) The CNBV's Babatz invited defrauded investors to approach the CNBV with their contracts, statements, and any other document that could help authorities pursue the investigation. He asserted that the CNBV is in communication with the SEC with regard to foreign investors and their funds. Babatz told the Mexican press that they do not have any evidence so far of money laundering in Mexico through Stanford Fondos Mexico, but that they will coordinate and work with the U.S. to investigate the issue. WHAT MEXICAN INVESTORS ARE DOING -------------- ¶9. (SBU) More than a hundred Mexicans, mainly from Mexico City and Monterrey, have joined together and are consulting Mexican and U.S. law firms to try to bring criminal charges against Stanford or whoever is responsible for the fraud. Several of these Mexican investors have admitted and confirmed that their money was indeed invested off-shore. Most observers feel the fund's executives violated Mexican laws by collecting Mexican money and investing it off-shore and by not providing legal contracts as required by the CNBV and the Bank of Mexico. According to the lawyers, these violations are considered grave crimes or felonies. The affected parties say they will sue for damages and injuries in U.S. courts because they note that these laws are more severe in the U.S. than in Mexico. However, lawyers and investors need the CNBV to account for how much and where the money was invested off-shore. ¶10. (SBU) Some Mexicans, who unable to withdraw their investments have met with Senators, who promised to sit down with the authorities to identify legal ways to recover the money. A few, who invested in CDs issued by Stanford International Bank in San Antonio have filed a request to U.S federal judge David Godbey in Dallas to bring the case to Mexico in order to try to recover the money under Mexican laws because for them U.S. prosecutors will not watch over foreigners' interests. COMMENT -------------- ¶11. (SBU) Comment: Many wealthy Mexicans (including politicians) have traditionally sought to invest abroad and protect their incomes and savings from their own government's tax authorities and domestic financial difficulties. The Madoff and Stanford frauds cases have generated concern here that there could be more fraud cases out there. Analysts and observers have once more called for closer and tighter supervision from financial authorities. These scandals certainly don't help investor confidence at a critical time. End comment.