Sei sulla pagina 1di 7

[Coat of Arms] Brazil

CONFIDENTIAL
FEDERAL POLICE
Regional Superintendence of the State of Paran
DRCOR: Regional Department in the Fight Against Organized Crime
DELEFIN: Department for Prosecution of Financial Crimes and Embezzlement of
Public Funds
COOPERATION AGREEMENT No. 3
Entered by
PEDRO JOS BARUSCO FILHO
(Addenda to Cooperation Agreements No. 1 and No. 2)
On November 21, 2014, the Regional Superintendence of the Federal
Police in Paran, before FELIPE EDUARDO HIDEO HAYASHI, Federal
Police Chief, First Class, Badge No. 16.027, under the Cooperation
Agreement Deal struck between the FEDERAL POLICE/FEDERAL
PROSECUTOR'S OFFICE and PEDRO JOS BARUSCO FILHO, in the
course of the federal police probe dubbed Operation Car Wash, comes
PEDRO JOS BARUSCO FILHO, Brazilian, divorced, TIN 987.145.70815, with ID 7826428 issued by SSP/SP, resident on 250 Jos Pancetti
St., Joatinga neighborhood, Rio de Janeiro, RJ, phone (21) 97127-2447,
by and through defense counsel BEATRIZ CATTA PRETA, Brazilian Bar
153879/SP, and counsel LUIZ HENRIQUE VIEIRA, Brazilian Bar
320,868, both with office in 574 Hungria Street, 6th floor, So Paulo, SP,
and also in the presence of witness LUIZ CARLOS MILHOMEM, Federal
Police Deputy, Special Class, Badge No. 10131, bound by all applicable
obligations of secrecy, and in compliance with the precepts of the Law
12.850/2013, notably the provisions of Articles 4 to 7, respondent,
ANSWERED: THAT the deponent states that counsel now present is his
legally-appointed defender to assist him, as required by 15 of Art. 4 of
Law No. 12.850/2013; THAT the deponent claims to have plans to
collaborate on an effective and voluntary basis with police investigations
and criminal proceedings, as signed with federal prosecutors; THAT the
deponent waives, in the presence of his counsel, the right to silence,
signing a legal commitment to tell the truth, pursuant to 14 of Art. 4 of
Law No. 12.850/2013; THAT the deponent and his defender expressly
authorize and are aware of the audiovisual recording of this collaborative
act
in
digital
media
(HD
SAMSUNG
500GB
serial
number
E2E2JJHD123134), besides the written record (two Agreement
counterparts signed on paper) under 13 of Art. 4 of Law No.
12.850/2013; THAT the deponent contends to be aware that this
cooperation act will depend on the ratification of the judiciary, which will
verify its regularity, legality and voluntariness, and the judge may so
refuse to grant ratification in case it does not meet the legal requirements
or does not adapt to the case at issue, being aware, although, that the
effects of the cooperation deal depend on one or more of the following
outcomes, among others, under Art. 4 of Law No. 12.850/2013: I - the
identification of the other co-authors and participants of the criminal
organization and of the criminal offenses committed by them; II - the
revelation of the hierarchical structure and division of duties of the
criminal organization; III- the prevention of criminal offenses arising from
the activities of the criminal organization; IV- the total or partial recovery
of the product out of the criminal offenses committed by the criminal
organization; as well as the granting of the benefit will take into account
the employee's personality, nature, circumstances, severity and social

[Coat of Arms] Brazil


CONFIDENTIAL
FEDERAL POLICE
Regional Superintendence of the State of Paran
DRCOR: Regional Department in the Fight Against Organized Crime
DELEFIN: Department for Prosecution of Financial Crimes and Embezzlement of
Public Funds
impact of the offense, and the effectiveness of the cooperation; THAT the
deponent also acknowledges the employee's rights under Art. 5 of Law
No. 12.850/2013: I- enjoy the protection measures provided for in specific
legislation; II- be preserved the name, identification, image and other
information; III - be brought to court separately from the other co-authors
and participants; IV - participate in hearings without visual contact with
the other defendants; V - not have his identity revealed by the media, nor
be photographed or filmed without his prior written consent; VI serve
the sentence in a different prison facility from that of the other codefendants or convicted persons; THAT all present be made aware at this
time of the prohibition of the use of any recording instruments or audio or
video recording, and declare to be not doing any concealed or covert use
of any equipment under the relevant laws; THAT, complementing the
Cooperation Agreements No. 1 and 2, asked by the Federal Police
Chief about an overview of the chronology and splitting of kickback
payments in his favor while a public servant in PETRLEO
BRASILEIRO S.A., at the time he held the positions of Facilities
Technology Manager and later Executive Manager of Engineering,
as well as in favor of RENATO DE SOUZA DUQUE, PETROBRS
Director of Services, and JOO VACCARI NETO, treasurer of the
Workers' Party - PT, the deponent affirms the following: THAT he states
he began accepting kickbacks in 1997 or 1998 from the Dutch firm
SBM, while serving the post of Facilities Technology Manager within
the Directorate for Exploration and Production, because of two FPSO
contracts entered into through the technical and fundamental
participation of the deponent, as he was the technical area coordinator;
THAT at the time he was responsible for formalizing the first chartered
FPSO contract and he became a fundamental piece in the following
FPSO contract concluded with SBM, as he also went to receive
kickbacks from the firm; THAT on account of the close relationship that
the deponent developed with SBM's representative, JLIO FAERMAN,
the deponent solicited bribes while FAERMAN offered to pay them, being
an initiative that came from both sides and became systematic as from
the second FPSO contract signed between SBM and PETROBRS in
2000, unless we are not mistaken; THAT these contracts were long-term
and, as such, the payment of kickbacks also lasted for many years while
the deponent held the position of Facilities Technology Manager between
1995-2003; THAT the collections were monthly and proportionate to
contract value, being in the range of US$25,000 to US$50,000 per month
approximately; THAT on the occasion of another contract concluded
between the firm PROGRESS, represented by JLIO FAERMAN, and
TRANSPETRO, if we are not mistaken in 1997 or 1998 for the provision
of a relief vessel, the deponent also received kickbacks; THAT in 2007 a
contract was signed between SBM and PETROBRS for the provision of
an FPSO named P57, with a contract value of R$1,258,548,071.75, by
which time he already held the position of Executive Manager of
Engineering, having the deponent received 1% of the contract value in
the form of kickbacks, paid by JLIO FAERMAN in the period 2007 to

[Coat of Arms] Brazil


CONFIDENTIAL
FEDERAL POLICE
Regional Superintendence of the State of Paran
DRCOR: Regional Department in the Fight Against Organized Crime
DELEFIN: Department for Prosecution of Financial Crimes and Embezzlement of
Public Funds
October 2010; THAT as such, the deponent received between 1997 or
1998 to October 2010, due to contracts between PETROBRS and SBM,
the approximate sum of $22 million, which was initially paid to the
deponent as a natural person into a securitized account of the Republic
Bank, in 1997 or 1998, bank that was purchased by HSBC, but since he
did not like the service and the secrecy of this bank, he transferred the
sum into the BBA CREDIT STANSTALT, and finally, in 2003, he
transferred all the bribery credits from these accounts into the account
601244, securitized as a natural person at Bank Safra, of Geneva,
Switzerland; THAT all credits in these accounts were made at the time by
JLIO FAERMAN as operator, who used multiple accounts and is
checking which ones to detail, but the most used with a record was
CARTMEL
WORLDWIDE
S.A.
(belonging
to
LUIZ
EDUARDO
BARBOSA, partner of JLIO FAERMAN); THAT RENATO DE SOUZA
DUQUE solicited from SBM's representative, JLIO FAERMAN, the
amount of US$300,000 as a campaign reinforcement during the 2010
elections, probably at the behest of JOO VACCARI NETO, which was
then accounted for by the deponent as a payment for the Workers Party PT; THAT when he was PETROBRS Executive Manager of
Engineering, reporting to the Director of Services, RENATO DE
SOUZA DUQUE, from February 2003 through March 2011, kickback
payments were made to the deponent and RENATO DUQUE, as well
as JOO VACCARI NETO, representing the Workers Party - PT, from
the moment this became treasurer of the party and started to operate in
its favor; THAT such kickback payments were made on account of some
ninety (90) major work contracts signed between Petrleo Brasileiro S.A.
- PETROBRS and some related companies plus several construction
firms that organized themselves in consortia or separately, most as
members of the cartel of which the deponent will provide details in a
separate Annex, among other various companies; THAT all these
contracts passed through the sieve of the Director of Services, RENATO
DUQUE, and of the deponent as Executive Manager of Engineering, and
were approved by the Board of Directors of PETROBRS; THAT these
contracts were linked to the Directorates of Supply, Gas & Energy, and
Exploration and Production, as well as for contracts related specifically to
the Directorate of Services; THAT asked by the Federal Police Chief
about how systematic was the splitting of kickbacks from such contracts,
he states that when the contracts involved the Directorate of Supply, the
kickback percentage was usually 2%, of which 1% was managed by
PAULO ROBERTO COSTA, who promoted the destination, and the other
1% was shared between the Workers Party - PT, at the rate of 0.5%,
represented by JOO VACCARI, and the House at the rate of 0.5%,
represented by RENATO DUQUE, the deponent and, very likely a third
person, sometimes JORGE LUIZ ZELADA attended and very few times
ROBERTO GONALVES did; THAT once the contract was signed and
established the kickback and its allocation, each party acted separately
on distinctive forms of operation; THAT he cannot say for whom PAULO
ROBERTO COSTA intended 1% and who processed the payments in his

[Coat of Arms] Brazil


CONFIDENTIAL
FEDERAL POLICE
Regional Superintendence of the State of Paran
DRCOR: Regional Department in the Fight Against Organized Crime
DELEFIN: Department for Prosecution of Financial Crimes and Embezzlement of
Public Funds
favor; THAT he knows that JOO VACCARI NETO was responsible for
processing the receipts in favor of the Workers Party - PT, but does not
know how he did it; THAT part of the House was operationalized by the
deponent, who made contact with the operator of each of the firms
contracted by PETROBRS, considering that each firm had a specific
operator who sometimes operated more than one firm, and these
operators will be detailed and their firms in their own Agreement; THAT
asked by the Federal Police Chief on which were the main contracts at
the Directorate of Supply that generated the kickback amounts, he
contends that these were the contracts for major work packages of
REFINARIA
ABREU
E
LIMA
RNEST
and
COMPLEXO
PETROQUMICO DO RIO DE JANEIRO - COMPERJ in addition to large
packages in some refineries as REPLAN, REVAP, REDUC, RELAN and
REPAR; THAT when the contracts involved the Directorate of Gas &
Energy, the Director of which was initially ILDO SAUER and then MARIA
DAS GRAAS FOSTER, the kickback percentage ranged typically
between 1% and 2%, closer to 2%, and half of this went to the Workers'
Party - PT, represented by JOO VACCARI NETO, and the other half
went to the House, represented here only by RENATO DUQUE and the
deponent; THAT in some instances, however, the payment of kickbacks
went wholly to the Workers' Party - PT; THAT asked if the Directors of
Gas and Energy knew of the kickback payments and division, he denies
this, since he had no room to talk these things with ILDO SAUER or
GRAA FOSTER, this kind of talk never took place; THAT he also
affirms that, if they knew, they kept it to themselves; THAT asked by the
Federal Police Chief on which were the main contracts at the Directorate
of Gas & Energy that generated the kickback amounts, he contends that
these were the construction contracts of GASODUTOS GASTAU,
URUCU-MANAUS, PIERS DE GNL, GASDUC, and GASCAC, among
others; THAT when contracts involving the Directorate of Exploration and
Production, with Director GUILHERME ESTRELLA, the kickback
percentage ranged typically between 1% and 2%, closer to 1%, and half
of this went to the Workers' Party - PT, represented by JOO VACCARI
NETO, and the other half went to the House, represented here only by
RENATO DUQUE and the deponent and, very likely, by JORGE LUIZ
ZELADA and/or ROBERTO GONALVES; THAT in some instances,
however, the payment of kickbacks went wholly to either the House or
the Workers' Party - PT, but this may have come from a bribery exchange
between them; THAT asked if Director ESTRELLA knew of the kickback
payments and distribution, he denies this, since he never saw him
participate or talk about anything, as he was very withdrawn, and if he
knew anything, he was cautious and kept it to himself because he never
implied anything at all; THAT asked by the Federal Police Chief on which
were the main contracts at the Directorate of Exploration and Production
that generated the kickback amounts, he contends that these were the
big rig construction contracts, such as for the P51, P52, P53, P55, P56,
P57, P58, P61, and P63 platforms, and the construction of eight pre-salt
FPSO vessel hulls; THAT at the Directorate of Services, with Director

[Coat of Arms] Brazil


CONFIDENTIAL
FEDERAL POLICE
Regional Superintendence of the State of Paran
DRCOR: Regional Department in the Fight Against Organized Crime
DELEFIN: Department for Prosecution of Financial Crimes and Embezzlement of
Public Funds
RENATO DUQUE, there were contracts for the construction of the new
CENPES - RESEARCH CENTER and the new DATA-PROCESSING
CENTER, where the kickback percentage was 2%, and 1% went to the
Workers' Party - PT, represented by JOO VACCARI NETO, and another
1% for the House, represented by RENATO DUQUE and the deponent;
THAT asked by Federal Police Chief about how much and how he
received kickbacks because of the approximately ninety (90)
PETROBRS contracts for major works between 2003-2013, he
affirms to have received between US$40-50 millions of kickback dollars
between 2003-2013, and over 90% were funneled into approximately
twenty (20) accounts held in his name and in the names of offshores
companies - which he will detail in its own Agreement - and the
remainder in cash in Brazil; THAT overseas payments were made by
several operators that he will detail, who acted on behalf of contractors;
THAT in cash the deponent received from the following operators: a) very
little, three or four remittances, from JLIO GERIN DE ALMEIDA
CAMARGO, who operated for TOYO and CAMARGO CORRA in order
to facilitate the payment of kickbacks; b) SHINKO NAKANDAKARI, who
acted as operator for GALVO ENGENHARIA, EIT and CONTREIRAS to
facilitate the payment of kickbacks on account of the contracts with
PETROBRS, all kickback payments were made in cash in Brazil to the
deponent; c) MARIO GOES, who served as operator of companies UTC,
MPE, OAS, MENDES JNIOR, ANDRADE GUTIERREZ, SCHAIN,
CARIOCA and BUENO ENGENHARIA to facilitate the payment of
kickbacks relating to specific contracts along with PETROBRS, paid a
small part of the kickbacks in cash in Brazil to the deponent; THAT from
JLIO CAMARGO the deponent personally or through a messenger
withdrew amounts from his office in Rio de Janeiro, RJ; THAT asked
about who the messenger was, he says it was a person, an employee,
sent by the owner of the Brokerage ADVALOR, MIGUEL JLIO LOPES,
brokerage situated in the building in front of CAMARGO's office building
at 10 Assemblia Street; THAT SHINKO personally handed out the
money in euros, reais or dollars with the amount being approximately
R$100 thousand reais, usually in the Everest, Sofitel and Csar Park
Hotels, where they took a drink or dined together; THAT MARIO GOES
handed out a backpack with some amounts and usually the deponent
picked that up at Goes's house in Estrada das Canoas, in So Conrado,
with values ranging from R$300,000 to R$400,000 reais; THAT the
deponent used to save the bribery money at his own place, on 250 Jos
Pancetti Street, Joatinga, Rio de Janeiro, RJ, and kept a kind of cash box
at his residence, which he used to pay personal expenses and to make
transfers to RENATO DUQUE, as reads below; THAT asked by the
Federal Police Chief about how much RENATO DUQUE received in
kickbacks because of the approximately ninety (90) PETROBRS
contracts for major works between 2003-2013, he affirms that usually
in the period in which RENATO DUQUE held the Directorate of Services,
the deponent received both in his name and in the name of RENATO
DUQUE, since this had the attitude toward third parties receiving on his

[Coat of Arms] Brazil


CONFIDENTIAL
FEDERAL POLICE
Regional Superintendence of the State of Paran
DRCOR: Regional Department in the Fight Against Organized Crime
DELEFIN: Department for Prosecution of Financial Crimes and Embezzlement of
Public Funds
behalf, and since the deponent was such a person, as he believes that
he has been the main one; THAT as such the deponent received
kickbacks corresponding to the part that was intended for RENATO
DUQUE, in the latter's various overseas accounts and partly in cash
between 2003 through 2011; THAT he believes to have received during
that period approximately US$40 million for RENATO DUQUE; THAT the
deponent, however, when he received into his overseas accounts the
part of RENATO DUQUE, he did not pass it on to him later in the amount
corresponding to other possible transfers to overseas accounts held by
DUQUE; THAT in fact, what the deponent did was to pay during 20052011, periodically, on a monthly basis, amounts to RENATO DUQUE in
reais, in cash, in Brazil, which totaled approximately R$10 million and
R$12 million reais; THAT the deponent handed the money in the very
office used by RENATO DUQUE at the Directorate of Services, the
headquarters of PETROBRS; THAT while RENATO DUQUE held the
post of Director of Services, as reported in the previous Agreement,
Renato and the deponent went to Paris, where, following the directions of
the agent of Bank Lombard Odier, ROBERTO, they came to identify to
business operators two suspense accounts identified as K and T, for
the deposit of kickback values, as US$6 million existed in total deposits;
THAT at the time, as the deponent struggled with controlling the values,
he combined them with those of RENATO DUQUE for the accounts and
retained values to remain the same as that would be released in the graft
bookkeeping; THAT following the departure of RENATO DUQUE from the
post of Director of Services in 2012, this sought the deponent to work out
the part of kickbacks that the deponent had received on his behalf; THAT
the deponent instead of transferring values from his overseas accounts to
DUQUE, allocated kickbacks to be received to him instead; THAT R$58
million reais were to be received from CAMARGO CORRA, as
RENATO DUQUE combined with the deponent that he would charge this
amount to the company; THAT through JLIO GERIN DE ALMEIDA
CAMARGO, the deponent knew of these R$58 million reais. DUQUE
assigned another person so that JLIO CAMARGO could pay Duque,
but the deponent does not know who it was; THAT the amount paid to the
third party on behalf of RENATO DUQUE, according to JLIO
CAMARGO, would have been around R$12 million reais; THAT the
remainder of the amount owed by CAMARGO CORRA, the deponent
cannot say whether and how it was paid to RENATO DUQUE; THAT also
US$14 million in kickbacks were to be paid by the representative of
KEPELL FELS, ZWI ZCORNIKY, concerning the building of drilling rigs
held between KEPELL FELS and PETROBRS, and as the deponent
arranged with RENATO DUQUE and this received US$12 million dollars
from ZCORNIKY possibly into DELTA BANK, Switzerland, and the
deponent received US$2 million in that Bank; THAT he cannot specify
now, any data from his account at DELTA BANK nor from RENATO
DUQUE's account at the same bank; THAT asked by the Federal
Police Chief about how much JOO VACCARI NETO received on
behalf of the Workers' Party - PT, from approximately ninety (90)

[Coat of Arms] Brazil


CONFIDENTIAL
FEDERAL POLICE
Regional Superintendence of the State of Paran
DRCOR: Regional Department in the Fight Against Organized Crime
DELEFIN: Department for Prosecution of Financial Crimes and Embezzlement of
Public Funds
contracts, signed with PETROBRS, between 2003-2013, he alleges
that, considering the amount that the deponent received as kickbacks,
nearly US$50 million, he estimates that approximately US$150 to
US$200 million were paid to the Workers' Party - PT, with the
participation of JOO VACCARI NETO; THAT A third period of
receiving kickbacks by the deponent and by RENATO DUQUE, runs
from February 2013 through February 2014, period in which the
deponent stepped down as PETROBRS Executive Manager of
Engineering and was nominated for the post of Chief Operating Officer of
SETE BRASIL by the CEO of Petrobrs, JOS SERGIO GABRIELLI,
with the approval of the Executive Board, time in which JOO CARLOS
DE MEDEIROS FERRAZ was also nominated for the post of CEO of
SETE BRASIL in order to conduct the project of deep-sea drilling rigs for
pre-salt exploration; THAT due to the drilling rig contracts, as detailed in
the Cooperation Agreement No. 1, the deponent estimated to have
received some US$5 million in the form of kickbacks and RENATO
DUQUE did another US$6 million dollars, the destination of which has
been informed in that Agreement; THAT he also knew that JOO
VACCARI, on behalf of the Workers' Party - PT, received from
ESTALEIRO KEPELL FELS the amount of US$4,523,000.00 (four million,
five hundred and twenty-three thousand US dollars) as a kickback. There
being no further business to discus, it was determined that this
Agreement would be closed which, read and found to be in conformity, is
signed by all in attendance and sealed in envelopes under standard
Federal Police seals 10670 and 10671.
POLICE AUTHORITY:

DEPONENT:

COUNSEL:

WITNESS:

[signature] Felipe Eduardo Hideo Hayashi

[signature] Pedro Jos Barusco Filho

[signature] Luiz Henrique Vieira

[signature] Luiz Carlos Milhomem

Potrebbero piacerti anche