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.............................. TV Azteca
Logo and Trademark..............................
TV Azteca is the second largest Mexican television network. It was established in 1968 as the state-owned Instituto Mexicano de la Televisión ("Imevisión"), and was privatized under its current name in 1993. Its flagship program is the newscast Hechos.
In Mexico the network operates two stations: XHDF ("Azteca 13") and XHIMT ("Azteca 7"). Both enjoy near national coverage, mostly via over the air tv, cable TV, and DBS. It also operates Two HDTV stations Azteca 24 HD which airs different programing than that of analog channel azteca 7, and Azteca 25 HD which shows programming from analog Channel Azteca 13. Azteca 13 can also be seen live online via TV Azteca's website.
The network also operates Azteca 13 Internacional, reaching 13 countries in Central and South America. TV Azteca subsidiaries include the Azteca América network in the United States (co-owned with Pappas Telecasting); Todito.com, a web portal for North American Spanish speakers; and Unefon, a Mexican mobile telephony operator focused on the mass market.
On 5 January 2005 the U.S. Securities and Exchange Commission (SEC) accused TV Azteca executives (including chairman Ricardo Salinas Pliego) of having personally profited from a multi-million-dollar debt fraud committed by TV Azteca and another company in which they held stock. The charges are among the first brought under the provisions of the Sarbanes-Oxley Act of 2002, introduced in the wake of the corporate financial scandals of that year.
On April 28, 2005 the Comisión Nacional Bancaria y de Valores (CNBV), the Mexican Banking and Securities Commission, notified TV Azteca, Ricardo B. Salinas, Chairman of the Board, and Pedro Padilla L., Board Member of the Company concerning financial penalties being imposed in connection with administrative procedures that were brought by the CNBV in late January 2005 arising from alleged violations of the Mexican Securities Law as a result of transactions that occurred in 2003 among Unefon, Nortel and Codisco. The aggregated amount of the financial penalties equals approximately US$2.3 million, of which the CNBV intends to impose upon TV Azteca a penalty equivalent to approximately US$50,000.
April 30, 2005, Finance Secretary Francisco Gil Díaz asked prosecutors to bring criminal charges against TV Azteca Chairman Ricardo Salinas Pliego on allegations he used privileged information to trade shares, people familiar with the matter said.
Gil Díaz's fiscal prosecutor filed the 1,200-page request to charge Salinas Pliego, who controls the No. 2 broadcaster, with the Attorney General's Office (PGR) April 27, said the people, who asked not to be identified. Regulators yesterday separately fined Azteca, its chairman and board member Pedro Padilla US$2.3 million for securities law violations.
The proposed criminal charges go beyond a civil suit brought by the SEC on January 4 that accused Salinas Pliego and his company of securities fraud for hiding a transaction that netted him US$109 million.
Just a few days before the charges were formalized, TV Azteca dennounced a blackmail attempt by Gil Díaz to avoid the transmission of an investigation by Azteca's reporter Lilly Téllez of alleged corruption acts during the 1994 economic crisis in Mexico. According to TV Azteca, the charges made by Gil Díaz were in retaliation for the transmission of Téllez report. The rest of the media found the accusations incredibly weak and, given the timing, suspicious: their proof was an unsigned document printed on plain paper stating the terms of the blackmail, supposedly given to a TV Azteca representative by Gil Díaz himself in his own office.
The case will test the country's insider-trading legislation for the first time since the government toughened the law in 2001 to criminally prosecute violators.
"There's recognition worldwide that until securities law violators are prosecuted criminally, civil enforcement will have a limited deterrence effect," said Jacob Frenkel, a former U.S. federal prosecutor and SEC enforcement lawyer who is now a partner at Shulman Rogers in Rockville, Maryland.
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