Messages revealed between the former coordinator of the Lava Jato operation in Paraná Deltan Dallagnol and prosecutors of MPF (Federal Public Ministry) suggest that there was an attempt to direct sections of the business group's leniency agreement J&Fsigned in 2017, so that the NGO International Transparency receive values from the deal without having to “to spend” by the audit of the TCUthat is, without proper supervision.
Excerpt from document, whose confidentiality was removed on Tuesday (6.Feb.2024) by the minister of the STF (Supreme Federal Court) Toffoli Days, shows that, in messages from November 29, 2018, it was discussed how to direct the money from the leniency agreement resulting from Lava Jato – which did not happen, Transparency International did not receive any amount. Here's the complete of the process (PDF – 11 MB).
The NGO is the target of an investigation investigating alleged gains from leniency agreements signed at the time of the operation. Transparency International called it “ilation” the suspicion that he had worked to receive resources with such agreements (read more below).
- what is a leniency agreement – is a mechanism in which companies that committed acts harmful to the public administration collaborate with the investigations and undertake to pay the amounts stipulated in the contract, reimbursing the agreed amounts to the public coffers. Additionally, organizations must establish integrity improvement programs internally.
In one of the messages, the prosecutors talk about a meeting with members of the FGV (Fundação Getúlio Vargas) and Transparency International. The meeting would have taken place to discuss the R$2.3 billion related to the leniency agreement signed with J&F. The prosecutors discussed a way to “avoid going through TCU”in reference to the values obtained.
In the process, the person responsible for the message that mentions the Federal Audit Court is not identified. The process mentions the then president of Transparency International, Bruno Brandão, and Michael Mohallem, professor at FGV and service provider for the NGO.
Read below:
O Power360 contacted Transparency International, Senator Sergio Moro (União Brasil-PR) and the former coordinator of Lava Jato in Paraná Deltan Dallagnol to ask if they would like to comment on the messages. Here's what they said:
- International Transparency – said that the possibility of the NGO receiving resources from leniency agreements is a “ilation”, what “numerous financing offers” were refused and that the opinion of Samantha Dobrowolski, coordinator of the Permanent Advisory Committee for Leniency and Awarded Collaboration Agreements, “denies” the letter cited in Toffoli's decision (read the full response below);
- Sergio Moro – will not manifest itself;
- Deltan Dallagnol – did not respond until the publication of this report; the space remains open.
Read the full response from Transparency International:
“The process whose secrecy was overturned yesterday only includes the content of those who accuse Transparency International (TI). There is no defense or statement from TI in the file, as the organization was never heard before this disclosure was made. Furthermore, there are serious omissions, such as the final report on the work carried out by Transparency International with recommendations for transparency, good governance practices and strict controls on the allocation of so-called 'compensatory resources' in cases of corruption. More importantly, the decision of the min. Toffoli refers to a letter from former PGR Augusto Aras, with serious conclusions and untrue information about the allocation of resources to IT, but omits the response to the letter, with a detailed opinion from deputy attorney general Samantha Dobrowolski, then coordinator of the Permanent Advisory Commission for Leniency and Awarded Collaboration Agreements, denying the information from the former PGR and attesting that TI never received or would receive any resources or would have any management or decision-making role regarding the application of such funds.
“The inference that Transparency International was working to receive resources from leniency agreements is absurd and, even more unreasonable, the insinuation that it sought to avoid controls. Contrary to this, TI refused numerous financing offers from companies that had signed agreements (our audited financial reports are published in full) and worked, within the scope of a public Memorandum of Understanding that explicitly prohibited any transfer to the organization, to produce a report (also public) with recommendations for transparency, good governance practices and strict control mechanisms for the allocation of these resources. This broad control apparatus was recommended by TI to shield improper or privileged access by any public or private entity to such funds, including Transparency International itself.
“Therefore, such interactions with the Public Prosecutor's Office on the matter – and all the other various authorities with whom Transparency International discussed this issue – were aimed at ensuring the legitimate, transparent and conflict-of-interest-shielded allocation of these resources, the purpose of which is the reparation for the immense damage caused by corruption.”
MESSAGES
The messages appear in a petition presented by the federal deputy Rui Falcao (PT-SP). According to the document, conversations “confirm the joint action of prosecutors from the MPF Task Force (Federal Public Ministry) and members of TI (Transparency International) aimed at managing and monitoring billion-dollar resources arising from leniency agreements”.
The material also shows an exchange of messages in 2015 between Dallagnol and MPF prosecutors. “We need someone who is willing to study and come up with a destination for these values that would please everyone, such as a fund, entities against corruption, the public health system, diffuse rights fund, penitentiary fund; public bodies that fight corruption, Transparência Internacional Brasil or open accounts, etc.”said the then coordinator of the Lava Jato operation about the amounts obtained in leniency agreements.
The document also presents an exchange of messages between Dallagnol and the then president of Transparency International, Bruno Brandão. The content shows that members of FGV and Transparency International had prepared a “study” –in reference to the survey carried out by the NGO with principles and guidelines for best transparency and governance practices for the “allocation of 'compensatory resources'”.
“Providing visibility is important. Don't let the money get diluted. To stamp […]. For now, they ask that it not be shared with Petrobras. IT is afraid of being left out of the possibility of receiving resources”says one of the messages, indicating that the NGO would supposedly accept resources from leniency agreements.
The material contained in Rui Falcão's lawsuit was collected by the Spoofing operation, run by the PF (Federal Police), which investigated hacker attacks on the cell phones of former judge and current senator Sergio Moro and former Lava Jato prosecutors.
Furthermore, the petition also cites a report from Public Agency. The text informs that Transparency International had access to the draft of a contract that dealt with the foundation that would manage the funds in agreement with Petrobras before the contract was even signed.
The report shows that Bruno Brandão made suggestions for the agreement in a group formed by him, Dallagnol and Michael Mohallem, a professor at FGV.
UNDERSTAND THE CASE
Minister Dias Toffoli, from the STF, asked on Monday (Feb 5) to open an investigation against Transparency International. Here's the complete of the decision (PDF – 169 kB).
In the petition, the minister says that the investigation must determine whether Transparency International improperly appropriated public resources.
Toffoli cites the crime report presented by Rui Falcão. In it, it is reported that, since 2014, the MPF has worked in partnership with Transparency International to develop actions “generally referred to as 'fighting corruption'”.
In 2018, the NGO would have received part of the amount obtained in the J&F leniency agreement and began to act in the administration and application of the resources.
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