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Indicated by the Bolsonaro government as a representative of Petrobras' board of directors, geologist John Forman has already been convicted by the Securities and Exchange Commission (CVM) for using privileged information on the sale of oil and gas. shares of the oil company HRT (today called PetroRio) [19659002] The appointment of Forman was announced this Monday (14), with two other names: the economist João Cox and Admiral Eduardo Bacellar Leal Ferreira, who should badume the presidency of the college. He denies using confidential information and challenges his conviction in court.
Forman was a consultant to HRT between 2009 and 2012. In September 2016, he was sentenced by the CVM to pay a fine of 338,500 rand for using inside information on the sale of shares in the company. company before the publication of negative news in 2013. [19659002] According to the CVM, the sale of shares on the eve of the disclosure of material facts and negative results of a well in Namibia testified to the fact. a change in the behavior of the executive compared to the negotiations he had conducted with corporate papers in previous months.
"Only the science of the preliminary results of the well Murombe-1 could justify the sudden change in the behavior of John Forman, who acted in the opposite direction of the one who acted, admitting to having sold shares at a price lower than that practiced. at this time on the market, "said autarky, in a statement at the time of the conviction.
In addition to Forman, the CVM sentenced Antônio Carlos de Agostini, another former director of HRT, also by the use of inside information in the trading of shares. The fine, in this case, amounted to R $ 456,560 – the value of the penalty was equivalent to twice the gain realized on the sale of the shares.
Defenses raised before the National Resources Council of the National Financial System failed. They therefore appealed to the Joint Court. They deny having used inside information on the sale of HRT shares and claim that the conviction of the CVM had been made without sufficient evidence.
"Since I had a clear conscience, I did not pay the fine and I went to court," Forman said Monday. . He claims to have sold about 20% of the shares he held in the hands of Credit Suisse, which had suggested transferring funds into a fund.
"I kept the rest [das ações] and lost money," he criticized. the CVM for not considering the argument. The conviction does not prevent him from sitting on the board of directors of public limited companies.
In a statement, the municipality confirmed that the fine had not yet been paid and that she "will take the necessary steps to recover the amount owed".
Forman and the other persons designated by the Bolsonaro government will still be badessed by Petrobras' supervisory bodies before being evaluated by the board of directors of the company.
If confirmed, the government will have renewed four of the eight board seats reserved for the majority shareholder – the remaining three are for minority representatives (two) and employees of the corporation.
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