Former mayor of Simões Filho accused of leading bid-rigging scheme.
At the request of the Federal Public Prosecutor's Office, the Regional Federal Court of the 1st Region (TRF1) accepted charges against the former mayor of Simões Filho, Eduardo Alencar (PSD); he is accused of associating with 16 other defendants who, 'under his leadership, defrauded and frustrated the competitive nature of bidding procedures in the municipality in order to obtain an advantage resulting from the awarding of the objects of the bids', according to the indictment;
Bahia 247 - At the request of the Federal Public Prosecutor's Office (MPF), the Regional Federal Court of the 1st Region (TRF1) accepted charges against the former mayor of Simões Filho, Eduardo Alencar (PSD). He is accused of associating with 16 other defendants who, 'under his leadership, defrauded and frustrated the competitive nature of bidding procedures in the municipality in order to obtain an advantage resulting from the awarding of the objects of the bids', according to the indictment.
The group is also accused of 'obtaining personal or other benefits through the misappropriation of public funds resulting from overpriced or poorly executed works that used federal funds transferred to the municipality'. The facts were investigated in Operation Queóps, carried out by the Federal Police in partnership with the Federal Public Prosecutor's Office and the Comptroller General of the Union (CGU), the results of which demonstrated the operation of a criminal organization in the municipality.
The complaint alleges that the first audit by the CGU (Brazilian Federal Comptroller General), conducted in 2009, uncovered the formation of a cartel in municipal bidding processes between 2009 and 2012, facilitated by the mayor and public officials involved in the bidding procedures.
The investigation also states that 'the mayor's actions were similar to those of his other terms in office, and that the bidding processes related to public works and school transportation were being rigged so that a specific group of companies would always win the contracts for themselves'.
The public money diverted to carry out the works came from various federal funds, including the National Health Fund (FNS), the Fund for the Maintenance and Development of Basic Education and the Valorization of Education Professionals (FUNDEB), the National Program for Support of School Transportation (PNATE), the Basic Care Floor (PAB Fixo), and the Sanitary Surveillance Inspection Fee (TFVG).
According to the indictment, the mayor coordinated activities related to the execution of public works in the municipality, indicated the companies that won the bids, and transferred the contracts to local contractors or smaller companies. The accused also 'committed the crime of active and passive corruption by paying bonuses to all those involved'.
'José Eduardo's leading role was proven through judicially authorized wiretaps. These wiretaps revealed conversations between the mayor and public officials of the municipality, as well as people connected to companies participating in the bidding processes,' the indictment states.
Notified, the then-mayor responded to the accusation and filed a special appeal. The Federal Public Prosecutor's Office issued an opinion recommending that the mayor's special appeal be denied and requested that the criminal proceedings continue with the final conviction of José Eduardo Mendonça for misappropriation of public funds, bid rigging, improper transfer of the contract, and, in formal concurrence, contract overpricing.