Brazilian construction company Odebrecht SA reported that it has paid $ 60 million to the Dominican State to date as a result of the agreement signed in the country for the bribes it admitted to paying in exchange for public works.
In a press release published in print media, the construction company confirmed that it has fulfilled its obligations with the land following the signing of a leniency program that arrived at the Attorney General in March 2017.
In this agreement, signed by then Attorney General Jean Alain Rodríguez and Odebrecht, the Brazilian company pledged to cooperate with the Justice Department and pay the Dominican state $ 184 million in damages.
With regard to the remaining amount of the debt, the Brazilian company indicated that “the remaining amount ($ 124 million), under the agreement, is recognized as a debt pending payment in the process of judicial financial restructuring that the company exports in Brazil ”.
Further, on this agreement, signed in 2017, recently the head of the special prosecutor for the prosecution of administrative corruption (Pepca), Wilson Camacho, said they are evaluating to overturn the leniency program signed with Odebrecht.
Camacho argued that the decision to annul the agreement is due to the absence of two executives in the trial who are known to have been involved in the bribes that the Brazilian construction company admitted to paying in the Dominican Republic, who are witnesses were presented by the prosecution. which has been reason for the suspension of several hearings.
The Odebrecht firm arrived on December 18 announced its decision to change its commercial name to “Novonor”, a decision that “we do not erase the past”, according to a statement.
The business conglomerate’s restructuring process prompted the company to file in 2019 for what was the largest bankruptcy in Brazil’s history to date, with debt estimated at approximately 100 billion reais (20 billion reais). dollars).
Full statement from Odebrecht
Odebrecht
RELEASE
To national public opinion
As everyone knows, Odebrecht, SA entered into an effective cooperation agreement with the Dominican Republic’s prosecution service in March 2017, which has final approval in all jurisdictions of the judicial system. In essence, the agreement integrates three fundamental pillars: (i) effective collaboration with the prosecution for related investigations; (ii) the duty to restore the state; and (iii) implementation of a compliance system. On the other hand, it is on the part of the state not to object to the rehabilitation of the company and its employees so that they can resume their activities in the country and fulfill their economic and social function.
Indeed and accepted as responsibility by Odebrecht, SA, in light of the facts stated and acknowledged by its former executives / employees, under the Agreement, Odebrecht, SA The Attorney General’s Office provided all evidence, evidence, agreement , information, document, data, report, statement, testimony, award-winning statements and other documents for the verification of the facts recognized by their former executives / employees related to Odebrecht, SA’s operations in the Dominican Republic. What is being delivered is part of the evidence base of the prosecution of the Public Prosecution Service against the defendants in the so-called ‘Odebrecht case’, which after obtaining an order to open for trial No. 005-2019 dated June 21, 2019 , pronounced by the Court of Special Instruction of the Supreme Court of Justice, is at the stage of a merit trial, before the Honorable First Collegiate Court of the Criminal Division of the Court of First Instance of the National District. More than enough evidence of compliance with the first pillar fundamental of the agreement.
For its part, it is appropriate to reiterate that, as of today, Odebrecht, SA, has compensated the state with the payment of US $ 60,000,000.00 million and the remaining amount, under the agreement, is recognized as a debt in awaiting payment in the judicial financial restructuring process conducted by the company in Brazil in order to meet all obligations to our creditors. More than enough evidence of compliance with the second fundamental pillar of the agreement.
Regarding our fully implemented compliance system, we emphasize that the independent review exercised by the regulators of the United States Department of Justice in the activities of Odebrecht, SA and all of its subsidiaries over the past 4 years has been concluded with success and satisfaction . Independent observers from the United States Department of Justice have stated that the corporate group’s compliance systems are designed and implemented to prevent and detect potential violations of anti-corruption laws. Everything that was known to the Public Prosecution Service of the Dominican Republic, with six-monthly reports. More than enough evidence of compliance with the third pillar of the agreement.
As the evidence shows, Odebrecht SA has complied in time, content and methodology with its obligations under the agreement with the Dominican Republic’s Public Prosecutor’s Office, whose compliance behavior is formally and expressly reiterated.
Regarding Mauricio Dantas Bezerra, domiciled and resident in Brazil, former Legal Director of Odebrecht SA, presented by the Public Prosecution Service as a witness in the aforementioned criminal proceedings, recorded because he was the exclusive legal representative of Odebrecht SA at the time of signing a such effective cooperation agreement. He was in the Dominican Republic and appeared at the hearing instituted by the First Collegiate Court on December 3, 2020, voluntarily and with the aim of confirming the statements and commitments made by Odebrecht SA in the aforementioned agreement. This hearing was suspended because a lawyer for accused Víctor Díaz Rúa tested positive for COVID-19. As a result of the pandemic caused by this disease that is dramatically affecting the world and in a very special way in Brazil, it was agreed before the next hearing with the Dominican Republic’s prosecution that this would virtually make his statement in court, for which he was always available and could not take place by a sovereign decision of the court, which did not accept the prosecution’s request to do so. Notwithstanding the foregoing, before the hearing on December 21, 2020, I am submitting a formal apology before the court as I had professional and family obligations prior to that day that cannot be delegated, plus the difficulties in obtaining flights due to the risks involved with the COVID -19 pandemic, reiterating his willingness to testify virtually from the headquarters of the Embassy of the Dominican Republic in Brazil for the occasion. This shows the seriousness with which said witness accepts and has accepted the fulfillment of his obligation, which he intends to fulfill rigorously and without difficulty. In such a way that he is not a reluctant witness, but a citizen available to exemplify compliance with the law.
The same thing happens with Dr. Rodrigo Maluf Cardoso, a Brazilian resident in Brazil, nominated as a witness by the Public Prosecution Service and present at virtually all hearings to give testimony in this way, summoned to appear in person before said court for the December 21 hearing 2020, by Law No. 1351/2020 of December 17, 2020, headed by Minister Ernesto Ortiz Reynoso, was materially impossible due to the risks associated with the COVID-19 pandemic. However, it is reiterated at the disposal of the Dominican justice and in its commitment to comply with its obligation to testify in court.
From what we have said, there is no reason or reason to consider the possibility for the prosecution service to withdraw an agreement which, like the existing one, has produced very favorable results for the implementation of the criminal anti-corruption policy of the Dominican Republic. At Odebrecht, SA there is an unequivocal determination to continue to fulfill its obligations under the Agreement. The justified absence of these two witnesses at the final hearing should under no circumstances be associated with relinquishing responsibilities, but rather with causes beyond their control at the time. However, we want to make it clear that they will comply with the obligation to give their testimony in court.
Finally, we remain confident in the way the prosecution authorities should act, in accordance with the constitutional norm that states that there is a social and democratic rule of law in the Dominican Republic, where legal certainty, rights are acquired, due process and the guarantees of the protection of fundamental rights are standards to be applied to all types of judicial and administrative acts.
Communication Management
Odebrecht, SA- In judicial recovery