BRASILIA – The Contractor
signed a leniency agreement with the Attorney General's Office
and the Comptroller General of the Union
this Thursday. Under the agreement, it will have to pay R $ 1.92 billion by December 2047. The funds will go to the Federal Government and to companies harmed by the company's operations.
OAS was one of the main contractors investigated by
. Some of its executives were arrested by the Federal Police, such as former company president Leo Pinheiro. It was he who said that a triple apartment in Guarujá built by the company belonged to former President Luiz Inacio Lula da Silva (PT), in the case that found the payment of improper advantages to the petista who led to his arrest.
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According to the attorney general of the Union, André Mendonça, with the signing of the agreement, the OAS can again sign contracts with federal public agencies, even in judicial recovery.
– She can hire, yes. The only impediment may come from companies like Petrobras, which have risk management that prevents hiring companies in recovery. But in general she can, yes (hire) – said the minister.
Of the R $ 1.92 billion that OAS will have to pay, R $ 700 million refers to the refund of amounts paid as bribes, R $ 800 million due to illicit enrichment obtained by the company through fraudulent contracts, R $ 320 million refer to an administrative fine based on the Anti-Corruption Law and another R $ 84 million correspond to a civil fine related to the Administrative Misconduct Law.
In the deal, the company reported irregularities concerning 304 individuals and 184 companies. There are also reports about people and companies based abroad. According to André Mendonça, the volume of people and companies reported by OAS in the leniency agreement is larger than what was delivered in the Odebrecht agreement.
CGU Minister Wagner Rosario said there were politically exposed people (PEPs) among those who were denounced by OAS. He did not say how many met this profile. According to him, the information provided by the company so far will be kept confidential so as not to hinder investigations.
In September this year, the Federal Supreme Court (STF) Minister, Luiz Edson Fachin, ratified the
award-winning collaboration agreement
by Leo Pinheiro. Under the agreement, he was entitled to serve his sentence at home with the use of an electronic anklet. In addition, he will have to pay $ 45 million in fines and damage damages.
Together with Odebrecht, Andrade Gutierrez and Camarco Corrêa, OAS was part of the group of large contractors that, according to Lava-Jato investigations, organized to direct contracts with Petrobras and other branches of government. In return, they paid bribes to politicians and parties.
OAS was one of the first to feel the financial impacts of the operation. In 2014, the year of the task force's actions, the company reported gross revenues of R $ 7.7 billion. In 2015, when it filed for bankruptcy, the company had a debt of R $ 8 billion. In July this year, it was estimated that its debt was $ 2.8 billion.
In a statement, the company's lawyers point out that this is the third largest leniency agreement with companies involved in Lava-Jato after nearly four years of negotiations. "With leniency, the Business Group commits itself to the State to implement effective integrity programs for ethical and fair conduct in its business. On the other hand, it recognizes and compensates the treasury for past mistakes, evidencing its intention to adjust their conduct to effectively participate in the market and, consequently, the growth of the country, "says the text.