2023-09-11 14:30:38
© Americanas – Own disclosure Americanas refutes former CEO’s arguments and again accuses Miguel Gutierrez
Americanas (BVMF:) refuted this Monday, 11, the arguments of the former CEO of the company, Miguel Gutierrez, presented in a lawsuit filed by Bradesco (BVMF:) against Americanas. The retailer also claims that the executive is directly responsible for the fraud in the company’s accounts.
In a press release, the company highlights that the former leader of Americanas did not present counterevidence, at any time, for the documents and facts presented to the Parliamentary Commission of Inquiry (CPI) on June 13, 2023, which demonstrate his participation in fraud.
“The same happened with the other competent bodies that act in the investigations of the incident and that have already accepted and ratified award-winning statements by former company executives”, says the company.
Americanas also reinforces that it was the only party to present evidence within the scope of the judicial process and reiterates the statement about the fraud and the direct responsibility of the former CEO based on the exposition of new evidence presented in this manifestation.
The retailer says that the digitized file with notes in Miguel Gutierrez’s own hand, located on the company’s electronic equipment used by him, point to the existence of two versions of the Americanas statements, one for internal use by the former board of directors and another for the Board of Administration.
According to the company, the e-mail sent by Miguel Gutierrez to the former directors has guidelines so that they were not taken, in a meeting with Sérgio Rial, answers to sensitive questions regarding the fourth quarter and the company’s indebtedness.
According to the company, in the e-mail sent by the former CEO to the former directors involved in the fraud, Gutierrez complains about the “sea of comments”, referring to the diligent questioning of the members of the Audit Committee, in line with good recommended governance.
“Additionally, several contradictions and lies were identified in the allegations contained in the letter presented by Miguel Gutierrez, such as: Miguel Gutierrez alleges that the company was going through a difficult financial situation in the second half, that it would need a capital injection and that all management bodies were aware of this fact. Documents presented to the Financial Committee on November 7, 2022, filed on the company’s governance portal and already made available to the CPI and other authorities, unequivocally show that the former board, led by Miguel Gutierrez, presented to the directors vision that Americanas would generate R$ 500 million in cash in the fourth quarter of 2022 and would continue to generate cash in subsequent years, maintaining a healthy financial debt ratio”, he says.
The company also mentions that another baseless argument presented is that the governing bodies deliberated on Americanas’ strategic issues without the knowledge and participation of former CEO Miguel Gutierrez. “This false statement falls to the ground in view of the message about the actions of the Financial Committee, as well as the board’s meeting agendas, which show that Mr. Miguel Gutierrez was active in the company’s management, as is to be expected of any company president” , it says.
Americanas reiterates that both the aforementioned statements and the evidence that certify them are contained in the petition filed in response to the grievance in a lawsuit filed by Bradesco and regrets the position of the financial institution, not shared by the other creditor banks of the company, which remain committed to a consensus to the Judicial Recovery Plan.
The retailer also reaffirms that the preliminary report presented to the Parliamentary Commission of Inquiry is based on documents raised by the Independent Investigation Committee, in addition to complementary documents identified by Management and its legal advisors, who formatted the documents into a report that indicates that the financial statements of the company were being defrauded by the previous board of Americanas, headed by Miguel Gutierrez.
“The company trusts in the competence of all the authorities involved in the investigations and investigations, ahead of the conduct of accusations approved already in secrecy of justice, which should bring even more robustness to the already overwhelming evidence presented. Americanas reinforces that it is the most interested in the clarification of the facts and will hold everyone involved in the fraud legally responsible”, concludes the company.
#Americanas #refutes #CEOs #arguments #accuses #Miguel #Gutierrez #Estadão #Conteúdo