Federal court freezes assets and lifts confidentiality of Ricardo Murad.
Based on two civil lawsuits for administrative misconduct filed by the Attorney General's Office of Maranhão, the Federal Court ordered the freezing of assets and the lifting of bank secrecy of the former Secretary of Health, Ricardo Jorge Murad; the Federal Public Prosecutor's Office joined the lawsuits filed by the Attorney General's Office, in its capacity as guardian of the law; the lawsuits concern contracts signed by the Health Secretariat at the PAM Diamante, in São Luís, in 2009 and 2014; these were contracts worth R$ 13,7 million for renovations and services at the medical assistance center.
Silvia Tereza's Blog - Based on two civil lawsuits for administrative misconduct filed by the Attorney General's Office of the State of Maranhão (PGE), through its Nucleus for Combating Administrative Misconduct (NCIA), the Federal Court ordered the freezing of assets and the lifting of bank secrecy of the former Secretary of Health, Ricardo Jorge Murad.
Because it also involves federal funds, the Federal Public Prosecutor's Office joined the lawsuits filed by the State Attorney General's Office, in its capacity as legal overseer. The lawsuits concern contracts signed by the Health Department at the PAM Diamante health center in São Luís in 2009 and 2014. These contracts totaled R$ 13.784.618,05 for renovations and services at the health center.
Based on a special audit conducted by the Secretariat of Transparency and Control (STC) of Maranhão, the Attorney General's Office (PGE) argued that there were a series of irregularities. In one of the actions, concerning the contract with Lastro Engenharia, problems are pointed out such as irregular waiver of bidding, direct contracting without a basic project, cost spreadsheet showing services measured in duplicate; overpricing resulting from services contracted above market price; absence of a final acceptance certificate; irregularities in payments; irregularities in bidding procedures.
Judge José Carlos do Vale Madeira concluded that there was a violation of Law 8.666/93 (regarding public bidding). According to the decision, there was frustration of the legality of the bidding procedure; permission of expenses not authorized by law; release of public funds without observing the rules; and the practice of an act aimed at a purpose prohibited by law or regulation.
The judge's decision ordered the freezing of R$ 22.141.178,28, corresponding to the original total amount and the fines applied according to the law. Each of the defendants will be liable for the amount of R$ 1.230.065,44. The breach of bank secrecy refers to the period between September 1, 2009, and December 31, 2014. The Federal Revenue Service was also requested to provide the defendants' income tax returns for the last five years.
Second action
The second action also refers to the PAM Diamante project, concerning a contract signed with Engetech Construtora. Similarly, a series of problems are highlighted based on an audit by the Secretariat of Transparency and Control (STC): direct contracting; overpricing; irregularities in payments; and irregularities in bidding procedures are some of them.
Judge José Carlos do Vale Madeira concluded that there was also a frustration of the legality of the bidding procedure; permission of expenses not authorized by law; release of public funds without observing the rules; and the practice of an act aimed at a purpose prohibited by law or regulation.
In addition to former secretary Ricardo Murad, 15 other people also had their assets frozen and their bank secrecy waived. These include former public servants and individuals connected to the contracted company.
The judge's decision ordered the freezing of R$ 2.100.589,82, corresponding to the total original amount and the fines applied according to the law. Each of the defendants will be liable for the amount of R$ 131.286,86.
The breach of bank secrecy refers to the period between September 1, 2009, and December 31, 2014. The Federal Revenue Service was also requested to provide the defendants' income tax returns for the last five years.