SANTO DOMINGO.- The Public Prosecutor of Brazil and the US Department of State provided evidence to the Attorney General’s Office revealing that senior executives of Empresa Brasileira de Aeronáutica SA (Embraer) delivered sums of money to officials of the Dominican Republic to get the contract for the sale of the eight Super Tucano planes.
The data is contained in the sentence 060-2018-SRPE-00195-A, issued on September 20, which condemned the Empresa Brasileira de Aeronáutica SA (EMBRAER) to the payment of US $ 7 million 40 thousand dollars in favor of the Dominican state, as part of an agreement made between the parties.
In said agreement, approved by the Fourth Court of Instruction of the National District, the Public Prosecutor’s Office indicates that it obtained evidence confirming the participation in criminally reprehensible conducts of the accused Pedro Rafael Peña Antonio and Carlos Ramón Piccini Núñez, who at the time of signing of the contract held top-level positions in the Secretariat of the Armed Forces, today the Ministry of Defense.
He points out that these companies used their positions to enter into agreements and thus acquire illicit securities through the companies 4D Business Group SA and Magycorp SA.
It states that the accused Peña Antonio, in his capacity as Secretary of State for the Armed Forces, was the one who handled the whole process of buying and selling aircraft and the illicit bribes transactions, using his friend and academic promotion partner Piccini Núñez.
Details that Piccini Núñez was the one who gave the face in the illicit negotiations and coordinated everything related to the perception and delivery of the money product of the bribes.
It indicates that during the investigation, the Public Prosecutor’s Office was able to point out that at the time when the accused Peña Antonio occupied senior management positions in which he managed money budgets, “he initiated a permanent, ascending and unjustified patrimonial enrichment, between 2006 and 2012 “.
The aforementioned agreement states that Piccini Núñez, as reintegrated colonel of the Dominican Air Force and later director of Projects and Programs of the Armed Forces, was the person who by mandate of Peña Antonio received from the Dominican companies 4D Business Group SA and Magycorp SA the money of the transnational bribe sent by the executives of the Embraer company.
The agreement states that the national investigation and international legal assistance in criminal matters provided by the Public Prosecutor’s Office of Brazil and the United States Department of Justice to the Dominican Public Prosecutor’s Office indicate that the bribes delivered amounted to 3 million 520 thousand dollars.
The bribe money was sent to the Dominican Republic to the companies 4D Business Group SA and Magycorp SA through the Banco Dominicano del Progreso, a fact that was corroborated by Emrbaer in the agreement he made with the US justice system.
In the agreement, Embraer, through the executives Paolo César De Souza E Silva, executive president, and Fabiana Klajner Leschziner, of the General Council, recognized and admitted the responsibility of having used its subsidiary Embraer Representation LLC, in the United States, for the month of June 2010 to transfer two bribes to the Dominican Republic, the first for 2 million 500 thousand dollars and the second for 920 thousand dollars, for the aforementioned aircraft.
You specify that those amounts were transferred to a Globaltix Uruguay account, and that the fact was corroborated in the agreement that the United States made with Embraer.
Emails of Piccini Núñez
The agreement states that for the distribution of the first payment scheme for bribes, the accused Piccini Núñez, by email communication, dated January 22, 2009, confirmed the payment schedule to Embraer executives Eduardo Munhos de Campos and Luiz Alberto Lage Da Fonseca.
Source: El Nacional