Chela schreef op 6 juli 2018 20:01:
Op de site van het MPF staat het beter omschreven. En het gaat om
meer inhoudingen lees ik: $892,7 + plm. $596,4 = $1489 miljoen (€1272 miljoen)
Het tweede bedrag is afhankelijk van de ROI op enkele contracten.
Voor alle duidelijkheid: Het betreft geen boete of schadeclaimtoewijzing maar door Petrobras in te houden en te storten op een geblokkeerde rekening ter garantstelling.
Google translate.
At the request of the Federal Public Ministry (MPF), the 12th Federal Court of Rio de Janeiro determined the non-availability of
US $ 892.7 million from the SBM Group. The amount corresponds to the civil fine and damages for deviations in contracts with Petrobrás. The decision partially meets the request made by the MPF in administrative misconduct filed in February 2018. The amount must be withheld by Petrobrás from the monthly amounts due to the SBM group companies as a result of the current charter contracts for the operation of the Espadarte platform vessels / Anchieta, Capixaba, Paraty, Ilhabela, Maricá and Saquarema.
It was also decreed the unavailability of the amount corresponding to the revenue obtained by SBM with the contracts in which there was the payment of bribe to employees of Petrobras. The court ruled that the SBM should show the estimated rate of return (ROI) of such contracts in order to determine the amount related to this installment, otherwise the value will be determined based on the percentage of 8% indicated by the MPF, which results in the estimated minimum value of
US $ 596.4 million.
The judgment of the 12th Federal Court still considered the MPF's request to include the Dutch SBM Offshore in the liability side of the lawsuit, together with SBM Holding and SBM Offshore do Brasil, legitimate. The decision reinforces that the three companies "form the same economic conglomerate in the world and national scope (Brazil), respectively, with ample power of management in the contracts signed with Petrobrás".
The lawsuit filed by MPF estimates that the estimated loss to Petrobras' coffers is US $ 303.3 million. They are defendants Jorge Zelada, Paulo Carneiro, Renato Duque, Robert Zubiate, Didier Keller, Anthony (Tony) Mace, SBM Offshore N.V, SBM Holding and SBM Offshore of Brazil.
About the case - The investigations revealed that the SBM constituted a fund for the payment of bribes to Petrobras employees through the companies related to Julio Faerman. The total amount deposited in this fund was US $ 274.4 million. In order to make payments feasible, Faercom, a Faerman company, entered into several sales consulting contracts with SBM group companies and received commissions ranging from 3% to 10% depending on the type of contract. Part of the payments were made in Brazil, directly to Faercom, and the other part was deposited in accounts held by Faerman at Swiss banks on behalf of offshore companies based in tax havens. From the accounts of Faerman in Switzerland, payments were made to Petrobrás employees, who guaranteed differential treatment for SBM, such as information on competing companies and estimate of price expected by the company in tenders.
The action points out that Jorge Zelada, Pedro Barusco, Paulo Carneiro and Renato Duque, former employees of Petrobrás, received R $ 43.6 million in tips. Of this total, US $ 300,000 was transferred to the PT presidential campaign in 2010 by Renato Duque and US $ 631,000 were paid to Jorge Zelada in exchange for confidential information about pre-salt exploration. All transactions were brokered by Faerman, with knowledge and consent of Zubiate, Keller and Mace, occupying management positions at SBM.
In addition to full compensation for damages, defendants may be sentenced to loss of assets or amounts unlawfully added to property, loss of public office, suspension of political rights from eight to ten years, payment of a civil fine, prohibition of contracting with the Public Authorities or to receive tax or credit benefits or incentives, directly or indirectly, even though through a legal entity of which it is a majority partner.
www.mpf.mp.br/rj/sala-de-imprensa/not...