Brazil's Attorney General's Office (PGR) dismisses case against Dilma Rousseff over Pasadena.
Brazil's Attorney General concluded that information and documents presented by the Presidency of the Republic "remove the accusation of intentional or negligent conduct that could be attributed to the Board of Directors of Petrobras" for losses caused by the purchase of the refinery from the United States, when Dilma Rousseff presided over the group; the request for investigation was filed by senators and a deputy declared 'independent'; the Federal Court of Accounts approved on Wednesday a report by Minister José Jorge that also exonerates Dilma and holds Petrobras directors responsible for approving the purchase of Pasadena; the rapporteur ordered the return of US$ 792,3 million to the company's coffers.
247, with Agência Brasil
Brazil's Attorney General, Rodrigo Janot, today (23) dismissed a request for investigation filed by a group of senators against the Board of Directors of Petrobras and President Dilma Rousseff to investigate alleged irregularities in the purchase of the Pasadena Refinery in the United States in 2006. At the time, Dilma chaired the board.
In the decision, Janot acknowledges that the operation may have caused financial losses, but emphasizes that the Board of Directors' unanimous decision to approve the purchase was aligned with Petrobras' planning and followed the company's bylaws.
"Even though this is an unsuccessful agreement that apparently resulted in losses for the company, it is not possible to impute the commission of any kind of crime to the members of the Board of Directors, especially when it is proven that all stages and procedures related to the completion of the business were followed," said Janot.
Regarding the assessment of potential damages, the prosecutor stated that responsibilities should be determined by oversight bodies, such as the Federal Court of Accounts (TCU), for example.
The controversy surrounding the purchase of Pasadena is driven by the amount paid by Petrobras, which spent a total of US$1,25 billion on the deal. According to the president of the state-owned company, Graça Foster, the Belgian company Astra, the former owner of the refinery, paid at least US$360 million, not US$42,5 million as reported. In testimony before the Petrobras Parliamentary Commission of Inquiry (CPI), Graça stated that the Brazilian state-owned company paid US$885 million, and Astra paid US$360 million. The remainder was interest and fees.
The petition was authored by Senators Pedro Simon (PMDB-RS), Randolfe Rodrigues (PSOL-AP), Rodrigo Rollemberg (PSB-DF), Cristovam Buarque (PDT-DF), Ana Amélia Lemos (PP-RS), Jarbas Vasconcelos (PMDB-PE), and Pedro Taques (PDT-MT), and Federal Deputy Ivan Valente (PSOL-SP).
Brazil's Federal Audit Court (TCU) holds Petrobras directors responsible for the purchase of the Pasadena Refinery.
Sabrina Craide - The Brazilian Federal Court of Accounts (TCU) recently approved the report by Minister José Jorge, rapporteur of the process investigating irregularities in the purchase of the Pasadena Refinery in Texas (USA) by Petrobras. The minister ordered the return of US$ 792,3 million to Petrobras' coffers for the damages caused to the company's assets. The report exonerates the members of the company's Board of Directors from responsibility, which at the time was chaired by the then Minister of the Civil House, Dilma Rousseff, now President of the Republic.
The largest amount, US$580,4 million, must be returned by members of Petrobras' executive board who approved the refinery purchase agreement, including former state-owned company president José Sergio Gabrielli, as well as Nestor Cerveró, Almir Barbassa, Paulo Roberto Costa, Guilherme Estrella, Renato Duque, Ildo Sauer, and Luís Carlos Moreira da Silva. They will have 15 days to present their defense. All those cited will have their assets frozen for one year to guarantee the reimbursement of losses. The process will be converted into a special audit to allow for the assessment of damages and the accountability of the agents, in addition to the right to due process and a full defense.
According to José Jorge, there is "strong evidence of actions that caused losses to Petrobras," amounting to US$580,4 million. He believes that members of Petrobras' executive board can be held responsible for the loss because they were responsible for managing the purchase process, from initial negotiations to the drafting of contracts. "The knowledge they possessed, or should have possessed, about the operations imposed upon them the duty to oppose the acquisition of that refinery under the conditions that occurred."
The minister did not, however, determine the need to hear from the members of the company's Board of Directors, who, according to him, are in a different situation because they authorized the deal based on a document that omitted information and clauses, in addition to containing incorrect data. "Therefore, the preliminary conclusion is that the business structure that would appear in the respective contracts was, in relation to essential aspects, different from that which was presented to the Board of Directors," said José Jorge.
"We believe we should focus on punishing the members of the executive board, but depending on what they say, it may be necessary to also hear from members of the Board of Directors," the rapporteur added.
In 2006, Petrobras bought 50% of the Pasadena Refinery for US$360 million. Due to clauses in the contract, the state-owned company was obligated to purchase the entire unit, resulting in a total expenditure of US$1,18 billion. The purchase was unanimously approved by Petrobras' Board of Directors.