Justice blocks fraudsters goods Rouanet LawHong Kou Hen, 3rd Federal Criminal Court of São Paulo also disables companies involved in deviations 180 million from 2001.
The Federal Court ordered the temporary arrest 14 people suspected of being involved in a diversion scheme of federal resources, obtained for the implementation of cultural projects in Operation Free Mouth, triggered by the Federal Police on Tuesday, 28. The decision is the federal judge Hong Kou Hen, 3rd Federal Criminal Court in São Paulo / SP.
The magistrate granted the request for blocking and sequestration of goods and values of some of the investigated and the temporary prohibition of the companies belonging to the group investigated by the Ministry of Culture (MinC) and the State Secretary of Culture of São Paulo.
The research cites the Ministry of Culture, the Bellini Cultural Events companies, Scania, KPMG and the law firm Demarest, Roldão, Intermedica Notre Dame, Cristalia laboratory, Stores 100, Nycomed Pharmaceuticals and Cecil.
The police investigation had been initiated after the determination of the Comptroller General (TOS) the alleged crimes of embezzlement, bribery, passive corruption, criminal association and criminal condescension, by a tenderer business group of hundreds of projects with the use of funds derived from tax incentives provided for in Law Rouanet, through numerous fraud since 2001.
The facts had come to the attention of the Federal Prosecutor, according to Justice, through anonymous tip, which was forwarded to the Ministry of Culture. Briefcase initiated research, but concluded, at the time, by dismissing the complaint and followed approving projects to the group. A CGU, in turn, incorrectness identified at the conclusion of the Ministry of Culture.
In 2013, note said Justice, the Ministry of Culture has detected tampering evidence in the documents for proof of expenses, and the use of third parties to the proposition of cultural projects, in order to obtain approval of a larger number of designs.
"In the course of the investigation, It could collect conjectural evidence of a criminal organization aimed at committing crimes against the tax order, larceny, misrepresentation and, especially, peculation, agents to identify you as stewards of public resources, equating to public officials for criminal purposes ", afirma Hong Kou Hen.
The judge also said that there was overpricing from the approval of multiple projects dealing with the same theme, with the improper reuse of materials, research and structures previously used as new were to, resulting in sharp reduction of costs and undue gain, because they used the presentation of cultural projects in duplicate.
The criminal organization, according to police, It was divided into three sections. The main core was formed by people with decision-making power in the enterprise group involved. telephone conversations that were intercepted ascertained that the main member of the core several times claimed to have captured large amounts through the Rouanet Law over several years through its companies and persons linked to the group. There was also a secondary core, composed of people who actively participated in the fraud, as employees and former employees of the group. Lastly, there was a third core which involved the participation of supporters or sponsors.
In addition to the temporary prisons, the judge ordered search and seizure required by the Federal Police to "collect the evidence that have relevance to research and to serve as the materiality of evidence and authorship of the crimes investigated", pointing out that "in no case the police authority can penetrate local, seizing objects and randomly documents, without heed minutely the purpose of the action ".
The Rouanet Law was created in the Fernando Collor (PTC/AL), in 1991. The legislation allows the raising of funds for cultural projects ppr tax incentives for companies and individuals. In practice, for example, the Rouanet Act allows a private company use part of the money they would spend on taxes to fund proposals approved by the Ministry of Culture to receive funds.