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BRASILIA, DF (FOLHAPRESS) – The federal government announced Monday (9) a leniency agreement with Odebrecht, whereby the group pledged to pay R $ 2.72 billion for misappropriation of resources studied
The term was signed in the middle of a clash with technicians and authorities of the TCU (Court of Auditors of the Union), who accuse AGU (Office of the Federal Attorney General) and CGU (Office of the Federal Controller), representatives to retain the information of the court and waive their prior approval. The agreed amount relates to projects involving all Odebrecht Group companies (except Braskem) in federal projects
The agreed amount relates to projects involving all Odebrecht Group companies (except Braskem) in federal projects. The funds will have to be paid in 22 annual installments and will be distributed among agencies such as Petrobras, FGTS (Tempio de Serviço Fundo de Garantia), Infraero, Valec and Trensurb
We expect payments to reach R $ 6.8 billion at the end of the period.
In December 2016, the Federal Attorney General signed a larger agreement with Odebrecht, amounting to 3.8 billion reais, involving restitution of resources to the Union, states and municipalities , as well as to the Swiss and American authorities. But the UGT and the AGU did not participate in the negotiations
The list of federal agencies agreed on this occasion is consistent with what has been agreed now.
With this new agreement, Odebrecht can continue to enter into agreements with government departments, agencies, and other federal agencies. The companies of the group have already returned to the list of suppliers of Petrobras
The AGU will withdraw the shares which imputed the losses
On the agreed values, 900 million R $ refer to paid tips of 150 public officials; R $ 1.3 billion equates to undue profits, obtained in 49 contracts;
The government did not take into account the exact overcharging of Odebrecht's works, and this is one of the reasons for the conflict with the TCU, which estimates higher losses.
however, does not give complete discharge to Odebrecht, which means that the TCU may charge for spare parts.
The agreement came more than three years after the UGT began negotiations with Odebrecht. Ministers Grace Mendonça (AGU) and Wagner Rosário (CGU) agreed on the possibility of obstacles
TCU officials and technicians, heard by Folha, maintain that Ministers Grace Mendonça ( AGU) and Wagner Rosário (CGU), in a document sent to court, to submit the agreement to the court before signing it, which did not happen. The TCU issued a normative instruction in 2015 in which it determines that all phases of leniency undergo its prior inspection.
Last month, the auditors proposed to the ministers a precautionary measure to prevent the conclusion of the term before the court's badysis. According to the people who had access to the negotiations, this measure was not taken solely because of the alleged promise of the UAG and the UGT.
The court will now badess whether it approves a similar warning that would terminate the agreement. In addition, he will open a process of badyzing alleged misconduct in the conduct of Grace and Rosário, allegedly impeding the court's performance.
Representatives of the UGT and AGU refused the agreement with the TCU. Grace said that the government acts in these cases with independence and that the law requires the prior approval of the TCU. "The only compromise was that as soon as we finished our badysis, we went to the TCU." Rosário warned that the leniency agreement will be submitted to the court only after the TCU has pledged not to use the information provided by Odebrecht to punish him in his proceedings.
This behavior has already generated clashes between Lava Jato and Judge Sergio Moro. Currently, it is discussed at the Federal Supreme Court. "Our agreement is with the company," said the head of the UGT.
R $ 1.3 billion – equates to undue profits in 49 contracts
R $ 900 million – refer to fees paid to about 150 public officials
R $ 442 mi – are responsible for covering the fines
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