Post by xyz3800 on Feb 28, 2024 5:13:38 GMT
The explanation that the "lava jet" prosecutors gave to the Federal Supreme Court about the agreement with Petrobras does not seem to make much sense. In a letter sent to Minister Alexandre de Moraes, the prosecutors state that they created the "equity fund" to be able to receive the money, because the state-owned company's agreement with the United States Department of Justice (DoJ), by which the payment of the fine was agreed , established that, if the funds were not handed over to the Federal Public Ministry, it would remain with the US Treasury. Carlos Moura / SCO / STF "Lava Jato" prosecutors tell minister Alexandre de Moraes to comply with non-existent clause in Petrobras' agreement with the US Department of Justice Carlos Moura / SCO / STF But there is no such provision in Petrobras' agreements in the United States.
The state-owned company signed two agreements there, one with the DoJ and the other with the SEC, the country's capital market regulatory agency. Both agreements state that the majority of the money paid by Petrobras as a fine must be sent "to the Brazilian authorities". The agreement with the DoJ talks about sending 80% to Brazil. The SEC says that the amount owed by the Brazilian state-owned company must be deducted from the Exit Mobile Number List agreement signed with minority shareholders, also in the USA. None of the agreements mention the Public Ministry or impose conditions for the money to be sent. They only establish a minimum payment percentage and impose a fine of 50% of the amount due, in case of non-compliance. The prosecutors' explanations were sent to instruct the ADPF filed by the Attorney General's Office against the creation of the "equity fund" in the Petrobras agreement.
In the MPF version, the agreement provided for the creation of this fund, to be controlled by the MPF in Paraná, to receive half of the money paid by the state-owned oil company. The other half would go to those who initiated arbitration proceedings against the company. Minister Alexandre de Moraes suspended the creation of the fund, but kept the agreement standing. According to him, there is no legal provision for the money paid as a fine in a leniency agreement to go to a fund controlled by the MPF. The correct thing is for the money to remain in the National Treasury, to compensate the injured parties. In the letter to the minister, however, the prosecutors say they are legitimate representatives of national interests in negotiating the agreement. They cite three reasons. First, because the self-proclaimed task force is responsible for prosecuting and judging cases related to corruption at Petrobras. Secondly, because the case deals with an offense against the diffuse rights of society, whose representative in Brazil is the MP.
The state-owned company signed two agreements there, one with the DoJ and the other with the SEC, the country's capital market regulatory agency. Both agreements state that the majority of the money paid by Petrobras as a fine must be sent "to the Brazilian authorities". The agreement with the DoJ talks about sending 80% to Brazil. The SEC says that the amount owed by the Brazilian state-owned company must be deducted from the Exit Mobile Number List agreement signed with minority shareholders, also in the USA. None of the agreements mention the Public Ministry or impose conditions for the money to be sent. They only establish a minimum payment percentage and impose a fine of 50% of the amount due, in case of non-compliance. The prosecutors' explanations were sent to instruct the ADPF filed by the Attorney General's Office against the creation of the "equity fund" in the Petrobras agreement.
In the MPF version, the agreement provided for the creation of this fund, to be controlled by the MPF in Paraná, to receive half of the money paid by the state-owned oil company. The other half would go to those who initiated arbitration proceedings against the company. Minister Alexandre de Moraes suspended the creation of the fund, but kept the agreement standing. According to him, there is no legal provision for the money paid as a fine in a leniency agreement to go to a fund controlled by the MPF. The correct thing is for the money to remain in the National Treasury, to compensate the injured parties. In the letter to the minister, however, the prosecutors say they are legitimate representatives of national interests in negotiating the agreement. They cite three reasons. First, because the self-proclaimed task force is responsible for prosecuting and judging cases related to corruption at Petrobras. Secondly, because the case deals with an offense against the diffuse rights of society, whose representative in Brazil is the MP.