2023-07-06 20:10:12
Roque de Sá/Agência Senado
Senator Sergio Moro (União-PR)
Brazilian prosecutors from Operation Lava Jato exchanged information through unofficial channels with Swiss investigators who were acting in the case of the arrest of an Odebrecht executive.
Sergio Moro (União-PR), then judge of the 13th Federal Court in Curitiba, pressured Brazilians to start negotiations on the extradition of Fernando Migliaccio, Structured Operations of Odebrecht and who was arrested in February 2016 in Geneva, Switzerland.
Messages obtained by the Uol portal and published on the blog of journalist Jamil Chade show that Orlando Martello, who was Lava Jato’s prosecutor, communicated unofficially with people like Stefan Lenz, the Swiss prosecutor.
In one of the conversations, Martello sent a message in a group with Swiss prosecutors reminding the authorities of the European country about the pressure that Moro was making for the extradition of Migliaccio.
Telegram conversations
Uol’s report points out that unofficial conversations between Brazilian and Swiss authorities, which is considered illegal, were held for about three years and took place via Telegram.
The related exchanges of information were identified by the Federal Police within the scope of the Spoofing operation, which tried to investigate the hacking of accounts of both Sergio Moro and prosecutors who acted in Lava Jato.
The conversations were daily and the content was both about combining lines of action between the investigators of the two countries, and anticipating the sending of documents referring to the investigations that would only later be attached to official documents.
An example of this was the moment when Fernando Migliaccio, who worked in the sector responsible for distributing bribes at Odebrecht, was arrested. The action was celebrated by Stefan Lenz, who only later said that he would officially inform the Brazilian authorities.
Read more: Entrepreneur infiltrated by Moro must testify to the PF, decides STF
“He tried to take his assets and empty a safe. For us he is one of the main players in the payments made by Odebrecht through the accounts held at PKB Privat Bank! I’m really looking forward to meeting this guy! Will keep you updated,” wrote the Swiss in the group.
Roberson Pozzobon and Deltan Dallagnol, both Brazilian prosecutors, responded with euphoria to the Swiss message where the arrest of the contractor’s executive was unofficially communicated.
The arrest, which took place on February 17 and was already known to both Swiss and Brazilian prosecutors, was officially informed to Lava Jato only days later, on February 19.
Request for informal information
On February 22, Stefan Lenz makes an explicit request for an informal exchange of information in the message group. “Do you have more details about these payments to Argentina that you could share with us informally?”
Then, Deltan informs that an attorney identified only as Douglas would forward the documents to the Swiss via Telegram. Lenz is grateful and says that the Brazilians are doing a “great job”.
Four days later, it is the turn of the Swiss prosecutor, one of the most active people in the group, to inform, again informally, which belongings had been seized from Fernando.
“Fernando had two computers, at least 7 cell phones and other electronic devices with him. We will need your help to analyze the data,” he said. Dallagnol, once again, celebrates.
Mentions to Moro
Orlando Martello, still in February 2016, quotes Sergio Moro when saying that the judge wanted to quickly send the documents requesting the extradition of the Odebrecht executive. He asks Lenz if this action would undermine a strategy to keep Fernando lying in Switzerland for a few more months.
The Swiss responds by pointing out that yes, sending the extradition request so soon could make it difficult for the investigators to draw up a plan. “Please do everything possible to avoid this,” he said.
Afterwards, Orlanda claims that she spoke with Moro about the guidance coming from Switzerland and says that he agreed to withdraw the extradition request at that time, but on the condition of a mutual agreement between Fernando, Swiss and Brazilian authorities.
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