Prosecutor appeals to Val Marchiori turn defendantKaren Kahn, do MPF-SP, It does not accept decision to reject the complaint against socialite for alleged fraud loan of R $ 2,7 millions.
The Federal Public Ministry in São Paulo appealed the decision of the 10th Criminal Court of the Federal Court, what, in late May, He rejected the complaint and not sued the socialite Val Marchiori, her brother, Adelino Marcos Marchiori, and the Bank of Brazil manager, Alexandre de Melo Canizella, the crime provided for in Article 19 of White Collar Law - obtaining loan through fraud.
Valdirene Aparecida Marchiori is accused of having obtained, in 2013, by fraud, loan of R $ 2.79 million from BNDES Investment Support Program (PSI).
The loan, according to the complaint, It occurred by fraud committed by Valdirene, Adelino e Canizella, which consisted of change (formal) the company's corporate purpose Torke Empreendimentos e Participações Ltda, controlled by socialite.
With the modification, the company received funding - used, indeed, by Val brother to buy five trucks and five trailers to his company, the Veloz Ventures Holdings and Goods Administration.
Research shows that Adelino sought sister "and induced to obtain", by Torke Empreendimentos, funding for the purchase of trucks
For funding, the Veloz was used of Torke Empreendimentos, because of their financial capacity able to pleadeth it, unlike Veloz.
But Torke had no social object compatible with the desired credit line - according to acusaão, the company never acted in the road transport sector - and was established with the Veloz, in a rush, and with knowledge of the bank, a term of service between the two companies of the brothers Marchiori.
According to the complaint, the then general manager of the Bank of Brazil office in São Paulo, Alexandre Canizella, We had 'fundamental participation in criminal conduct'. It would have been responsible for the initial negotiations with Val Marchiori on financing 'by suggesting (a Val) to proceed with the change of the corporate purpose of the company Torke, in order to adapt it to the requirements for obtaining financing from the BNDES '.
At the end of May, Judge Silvio Luis Ferreira da Rocha, the 10th Federal Criminal Court, He rejected the complaint, alleging that the conduct attributed to Marchiori is 'atypical'. According to him, there is 'no cause'.
The judge said there was no fraud, as the Bank of Brazil previously knew the trucks were for high-speed and not for Torke.
Para a procuradora da República Karen Louise Jeanette Kahn, responsible for the case, "The elements in the file away all doubt that the change of the corporate purpose of Torke served only to enable, via transverse, the desired loan by Veloz, The Bank of Brazil full knowledge of such conduct. Attorney second, 'It was not such a contract amendment - which showed, clearly, the use of fraud or misrepresentation to obtain funding- this type of processing, with public funds, would never have been achieved '.
For the Federal Prosecutor, by stating that the contract in favor of Veloz is valid for the Bank of Brazil knew conduct, the judge sets aside the core of the case, the use of fraud to obtain loan. "It is the misrepresentation the core of the report and responsible for making fraudulent conduct of the accused", Karen says no recourse, not only denounced the trio for fraudulent misrepresentation as this criminal offense is absorbed by the crime provided for in Article 19 the law of financial crimes.
"If a change like this can not be considered as an amendment to the truth about legally relevant fact, for characterization purposes of fraud due to the configuration of the offense provided for in Article 19 of law 7.492/1986 (White collar), or even denunciation of the receiving ends, impossible to imagine, So, or be eligible to set up such an offense ", questions the prosecutor in the appeal.
BIBLE, LAWYER AND ANDRÉ BOIANI AZEVEDO, DEFENDER OF VAL MARCHIORI
"We will present counterarguments to feature on Monday (11).
As well explained in the sentence, there was some fraud. The Torke legally changed his contract for it specifies several possible activities, among them authorizing it to possess and lease trucks.
Nothing prevents some business to take its social contract possible activities, even if, at any moment, they are not put into practice.
It should be noted that Torke informed the Bank of Brazil changes in their activities and regularly put them into practice. Besides that, It has been paying regular and timely funding.
Like this, irreproachable judicial decision, we are sure that will be maintained by the Court. "