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The Federal Court accepted the prosecutor's complaint and former President Luiz Inacio Lula da Silva became the defendant in a lawsuit for money laundering offense for allegedly receiving 1 million R $ for the mediation of the Guinean government. Equatorial and the Brazilian group ARG for the installation of the company in the country.
The complaint, filed in November by the working group on the Lava Jato operation in São Paulo, was received by the Federal Court on Friday (14).
According to a complaint filed by the federal prosecutor's office in São Paulo, Lula received the amount disguised as a donation from the company to the Lula Institute between September 2011 and June 2012.
When the MPF filed a complaint, former president Cristiano Zanin Martins' lawyer said in a statement that the new complaint "constitutes another blow to the rule of law because it undermines the law and the facts for make a charge and continue unprecedented political persecution on the part of the government. " via judicial "(learn more below).
At the time, the press office of the Lula Institute had declared that all donations received by her" were legal, declared, registered, paid the taxes due. "Also according to the press release, the donations" were used in the activities of the institute and have never had any counterpart. "
Lula is imprisoned at the headquarters of the federal police in Curitiba, Paraná, sentenced to 12 years in prison for money laundering and corruption in the case of the Guarujá triplex (SP)
In addition to Lula, the MPF also denounced the controller of the ARG group, Rodolfo Giannetti Geo, for crimes of trafficking in international business transactions and money laundering As Lula is over 70 years old, the crime of trafficking in influence has ended for him.
Negotiations began between September and October 2011. According to the e MPF, Geo asked Lula to intervene with the President of Equatorial Guinea, Obiang Nguema Mbasogo, so that the government could continue to trade with ARG, especially in the construction sector. highways.
The MPF claimed to have been able to prove the transaction on the basis of emails found on computers from the Lula Institute, seized in March 2016 in the Aletheia operation, 24th phase of the investigation. Operation Lava Jato of Curitiba.
– Photo: Ricardo Stuckert / Presidency of the Republic via AFP
In an e-mail of October 5, 2011, the former Minister of Development, Lula Miguel Jorge, wrote to Clara Ant, director of the Lula Institute, that the former – The President had told him that he would like to talk to Geo about the company's work in Oral Equal Guinea According to the former minister quoted in the email, the company was willing to make a "very important" financial contribution to the Lula Institute.
In May 2012, Geo sent to Clara Ant by email a scanned letter from Teodoro Obiang to Lula and asked him to set a date to meet the former president and hand over the original. He also informed the director of the institute that he would return to Equatorial Guinea on May 20 and that he wanted to know Lula's answer.
Lula wrote to Obiang in a letter in which he mentioned a phone call and believed that the country could now enter the Community of Portuguese-Speaking Countries. The letter was delivered to the President of Equatorial Guinea by Rodolfo Geo.
In the letter, Lula explained to Obiang that Geo was running Arg, "a company that since 2007 has become familiar with Equatorial Guinea and stands out in the construction of roads".
In the badysis of data entered at the Lula Institute, a record of bank transfer of R $ 1 million per ARG at the institute was registered on June 18, 2016. The receipt issued by the institution on the same date and also seized records the "gift".
For MPF, it is not a donation, but a payment to Lula because the former president of Brazil has influenced the president of another country in the performance of his duties. Since the donation made by ARG would be a payment, the registration of value as a gift is ideologically wrong and it is only a matter of concealing the origin of the gift. 39 illicit money and therefore constitutes a crime of money laundering.
One of the group members, the father of the accused, Adolfo Geo died in a plane crash on November 26 in Minas Gerais. Adolfo had not been denounced.
The case involving the Lula Institute was referred to the São Paulo Federal Court on the order of the owner of the Lava Jato operation, Sergio Moro, at the time. The investigation is ongoing before the 2nd Federal Court of São Paulo, specializing in financial crimes and money laundering, which will badyze the complaint filed by the MPF.
According to Lula's defense, the complaint "constitutes another chapter of the" lawsuit "that has been imposed on Lula since 2016." "The complaint was, in an absurd and insulting manner, to transform a gift received from a private company by the Lula Institute, duly counted and declared to the authorities, in international traffic of influence (CP, Article 337-C) and money laundering No. 9,613 / 98, Article 1 (VIII), "said Zanim Martins.
"The accusation was based on rhetoric without any support from former President Lula, who had not even had the opportunity to clarify the version of the complaint presented in front of the show that accompanies again a public prosecutor's initiative – annihilating the constitutional guarantees of the presumption of innocence and respect for legality, "he added.
The lawyer ends the note by declaring that he expects that "the São Paulo Federal Court rejects the complaint, while there is no justification for the opening of the case. a new frivolous criminal case against Lula ".
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