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The São Paulo Court of Appeal finds evidence that substantial amounts of Transbrasil were diverted at the time of the bankruptcy of the airline in 2001.
The fraud allegedly occurred in order to conceal badets and prevent badets used for the payment of creditors. At the time, the debt was estimated at 900 million rand, or 2.4 billion rand.
The funds were diverted through doleiros and foreign companies abroad and sold to members of the Cipriani group. At the time of the bankruptcy, the president of the company was Antônio Celso Cipriani.
Because of the suspicion of what he called "nebulous practices", the court decided to block the capital of the companies Cipriani, Antônio Celso Cipriani himself and some According to the decision, for example, between 1997 and 2001, US $ 51 million was transferred to a subsidiary of Transbrasil located in the United States without the reason being clarified.
According to the rapporteur of the proceedings. in the TJ case, Judge José Carlos Costa Neto, the blockade was necessary to guarantee the useful outcome of the process, namely the payment of debts of the bankrupt to the creditors, among which the employees of the company.
The judge pointed out that the company failed to submit his account books that would have been lost. These documents must indicate the destination of the values and badets of Transbrasil. According to Judge Edson Luiz de Queiroz, who also participated in the decision, "the careful investigation indicates a deviation from the important values belonging to the company"
. "According to him," no justification plausible transfers was presented "
The investigation was conducted by the bankruptcy of Transbrasil, managed by a trustee appointed by the justice of the peace.
In addition to the transfer to the US subsidiary Bankruptcy identified 559 suspicious financial transactions: $ 2.9 million in cash deposits and $ 5.7 million in withdrawals
In the defense presented to the court, Cipriani claimed that the transactions were absolutely normal and daily.
He also stated that the bankruptcy operations were carried out through payments to factional legal persons, that the charges brought by Transbrasil's estate in bankruptcy during the process "are Generic insinuations, unaccompanied by documents ".
He also pointed out that "in 2016, judges Inah de Lemos and Silva Machado, of the 19th Central Civil Court, had not granted the blockade, saying that" there is no There was no way to presume the existence of a fraud. "
] The blockade was decided by the JT in an injunction.
Transbrasil's bankruptcy was triggered in July 2001 at the request of General Electric Capital Corporation, which stated that it was unable to locate its lawyers.
after receiving a $ 2.6 million debt related to rents for aircraft and turbines.
Cipriani badumes the presidency of Transbrasil in 1988. Former investigator of Dops (Department of the political and social order), organ of repression of the military dictatorship, joined the company in 1979 to exercise ;audit.
The invitation was made by the founder of Transbrasil, Omar Fontana, who had known him under the mandate of Romeu Tuma, then delegate, at the head of the body. He then climbed all the steps up to the presidency.
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