Brazilian construction company Odebrecht SA reported that to date it has paid the Dominican state $ 60 million as a result of the agreement signed in the country for the bribes it admitted to pay in exchange for public works contracts.
In a press release published in print media, the builder stated that it has fulfilled its obligations assumed with the country following the signing of a leniency agreement that reached the Attorney General’s Office in March 2017.
In this agreement, signed by the then Attorney General, Jean Alain Rodríguez i Odebrecht, the Brazilian company pledged to cooperate with Justice and repay the Dominican State with 184 million dollars.
Precisely on 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 is underway. ‘company in Brazil “.
Besides, on this agreement signed in 2017, recently the head of the Specialized Prosecutor’s Office for the Prosecution of Administrative Corruption (Pepca), Wilson Camacho, said they are evaluating nullifying the lenity agreement signed with Odebrecht.
Camacho has argued that the decision to annul the agreement is due to the absence of two executives in the trial known to 6 involved of the bribes that the Brazilian construction company admitted to pay in the Dominican Republic, which were presented as witnesses by the Public Ministry, which has been the reason for the suspension of several hearings.
On December 18 the company Odebrecht announced its decision to change its trade name to “Novonor”, a decision with which “we are not erasing the past”, as set out in a statement.
The process of restructuring the business conglomerate meant that in 2019 the company applied for what was until now the largest bankruptcy in the history of Brazil, with a debt that was estimated at about 100,000 million reais ($ 20 billion).
Full press release from Odebrecht
Odebrecht
PRESS RELEASE
In the National Public Opinion
As is well known, in March 2017 Odebrecht, SA, concluded an effective collaboration agreement with the Public Ministry of the Dominican Republic, which has the final approval in all jurisdictions of the justice system. In essence, the agreement integrates three fundamental pillars: (i) effective collaboration with the Public Ministry for related investigations; (Ii) the duty to repair to the State; and (iii) implementation of a compliance system. On the other hand, on the part of the state, the fundamental thing is not to object to the rehabilitation of the company and its allies so that they can resume their activities in the country, fulfilling their economic and social function.
Effectively and as a responsibility assumed by Odebrecht, SA, before the facts declared and admitted by its executives / collaborators, under the Agreement, Odebrecht, SA Delivered the Office of the Attorney General of the Republic, of all evidence, evidence, agreement, information, document, date, report, statement, testimony, awarding statements and other documents for the verification of the facts admitted by its executives / collaborators linked to the operations of Odebrecht, SA, in the Dominican Republic. The delivery is part of the probative basis of the accusation of the Public Ministry, against the accused in the so-called “Odebrecht Case”, which after obtaining Act of Opening in Judgment No. 005-2019, of June 21, 2019, rendered by the Court of Special Instruction of the Supreme Court of Justice, is in the phase of trial on the merits, before the Honorable First Collegiate Court of the Chamber Criminal of the Court of First Instance of the National District. More than sufficient evidence of compliance with the first fundamental pillar of the Agreement.
For its part, it is opportune to reiterate that, to date, Odebrecht, SA, has reimbursed the State with the payment of US $ 60 billion and the remaining amount, under the Agreement, is recognized as an outstanding debt in the process of judicial financial restructuring that the company is going through in Brazil, in order to be able to meet all obligations to our creditors. More than sufficient evidence of compliance with the second fundamental pillar of the Agreement.
With regard to our fully implemented compliance system, we note that the independent monitoring, exercised by the monitors of the United States Department of Justice in the operations of Odebrecht, SA and all its allies in the last 4 years, was concluded with successfully and satisfactorily. Independent monitors from the U.S. Department of Justice certified that the business group’s compliance systems are designed and implemented to prevent and detect potential violations of anti-corruption laws. Of all that, with half-yearly reports, was in the knowledge of the Public Ministry of the Dominican Republic. More than sufficient evidence of compliance with the third pillar of the Agreement.
As evidenced by the evidence, Odebrecht SA, has fulfilled in time, content, and methodology with its obligations under the agreement with the Public Ministry of the Dominican Republic, the compliance conduct formally and expressly reiterates.
As for Maurici Dantas Bezerra, domiciled and resident in Brazil, former legal director of Odebrecht SA, proposed by the Public Ministry as a witness in the criminal proceedings mentioned above, included for being the exclusive legal representative of Odebrecht SA at the time of signing of this effective collaboration agreement. He was in the Dominican Republic and appeared at the hearing set by the First Collegiate Court on December 3, 2020, voluntarily and with the aim of confirming the statements and commitments assumed by Odebrecht SA, in the referred to in the Agreement. This hearing was suspended, as a lawyer defending the defendant Víctor Díaz Rúa, tested positive for COVID-19. Product of the pandemic for this disease that dramatically affects the world and especially in Brazil, for the next hearing was established with the Public Ministry of the Dominican Republic which would virtually testify before the court, for this to be always available and not to be able to take place by a sovereign decision of court, which did not accept the request that the Public Ministry made to the effect. Notwithstanding the above, for the hearing held on December 21, 2020, I present before the court a formal excuse, as, for that day had scheduled non-delegable professional and family commitments, plus difficulties in obtaining flights for risks associated with the COVID-19 pandemic, reiterating once again for this occasion its willingness to testify virtually from the headquarters of the embassy of the Dominican Republic in Brazil. Which highlights the seriousness with which this witness assumes and has assumed the fulfillment of his obligation, which he seeks to fulfill rigorously and sparing no effort. In such a way, that it is not a reluctant witness, but a citizen available to comply exemplary with the law.
The same goes for Dr. Rodrigo Maluf Cardoso, Brazilian, resident in Brazil, proposed as a witness by the Public Ministry and present in virtually all hearings to testify in this way, summoned to appear in person at the said court for the hearing of the December 21, 2020, by Act no. 1351/2020, dated December 17, 2020, implemented by Minister Ernesto Ortiz Reynoso, was made materially impossible, due to the risks associated with the COVID-19 pandemic. However, it is reiterated at the disposal of the Dominican judiciary and in the commitment to comply with its obligation to testify at trial.
From what we have said, no reason or cause is noticed to weigh the possibility on the part of Public Prosecutor, to terminate an Agreement that like the existing one has given highly beneficial fruits for the implementation of the anti-corruption criminal policy of the Dominican Republic . In Odebrecht, SA has the unequivocal determination to continue to fulfill its obligations under the Agreement. The justified face-to-face absence of these two witnesses at the last hearing must not be associated under any circumstances with an abandonment of responsibilities, but with causes that for the time being escaped their control. But, we want to make it clear that they will comply with the obligation to testify in court.
Finally, we remained confident in what should be the way of acting of the authorities of the Public Ministry, in compliance with the constitutional norm that establishes that in the Dominican Republic there is a social and democratic State of law, where security legal, acquired rights, due process and the guarantee of protection of fundamental rights are rules that must be applied to all kinds of judicial and administrative actions.
Communication Management
Odebrecht, SA- In judicial recovery