Aquivaldo Mosquera, former defender of América, could go to jail for problems with the treasury
Aquivaldo Mosquera faces problems with Mexico's tax authorities that have him at risk of going to jail
The name of Aquivaldo Mosquera continues to be linked to the problems and after resolving a child support conflict in Mexico, he now faces a problem with the tax authorities of this same nation for the alleged crime of tax fraud.
The matter escalated in a way against the Colombian defender who defended the colors of Pachuca and América of the Liga MX, to the extent that the Attorney General's Office (FGR) integrated an investigation file against the former soccer player for alleged omissions in the payment of his taxes.
In the data that make up the judicial records, the former captain of the Águilas del América promoted an injunction against the investigation carried out by the agent of the Federal Public Ministry assigned to the Special Prosecutor's Office for Investigation of Tax Crimes and the Financial System, which depends on the Specialized Prosecutor's Office for Competence Control (FECOC).
But it seems that said legal appeal was considered inadmissible by the judge in charge of the case and this means that the former professional soccer player could be imprisoned to answer for these tax requirements.
Mosquera's defense
Meanwhile, Aquivaldo Mosquera's legal advisors promoted a claim for constitutional guarantees against any act of the law that could represent the risk of going to jail, for which Mosquera indicated the integration of the FED/FECOC/UEIDFF/CDMX/0000305/2022 investigation folder as the acts claimed.
The above, for the determination of the tax credit for the fiscal years 2014, 2015, 2016, 2017, 2018 and 2019. Meanwhile, the amparo was filed before the 17th District Court in Administrative Matters in Mexico City, but it was declared incompetent to hear the case.
But this issue, being dealt with at the federal level, prevented the protection from having effects against any judicial action promoted by the player's lawyers.
“It is not up to this court to analyze the legality of the aforementioned acts, since they are not merely administrative acts, given that they are acts derived from criminal matters, whose jurisdiction corresponds to the Judicial Bodies in Criminal Matters.
"In light of the above, it is concluded that the person who should hear the claim is a District Judge of Amparo in Criminal Matters in Mexico City; the above is considered this way because the assumptions are not met to estimate that the acts claimed are administrative in nature," the agreement details.
Mosquera's protection was transferred to the Sixth District Court in Criminal Matters in Mexico City, but it did not share the conclusion reached by the declining court.
In the coming days, it will be necessary to define what subject matter this matter corresponds to, so that the former player's demand for guarantees can be analyzed and the matter can be resolved in accordance with the law and with the demonstration that it was only an administrative failure and not a tax loss.

