Brazil’s President Michel Temer Faces Additional Criminal Charges

(photo: https://pixabay.com/en/international-flag-brazil-2690912/)
By Faith MagbanuaSeptember 15th, 2017

President Michel Temer faces another set of charges by Brazil's top anti-corruption prosecutor as the case against him moves forward.

Aside from the current charges, the President is now facing criminal charges with obstruction of justice and racketeering.

Temer was accused of taking bribes and of conspiring to buy the silence of a witness in the first set of charges filed against him. President Temer has strongly rejected all allegations of wrongdoing.

The earlier corruption charges were blocked by the Congress, which has the power to decide whether the president should stand trial. However, things seems to take a little turn when they were presented the second round of charges and President Temer is accused along with six other political allies.

Chief Prosecutor Rodrigo Janot said in a statement that Temer "acted as leader of a criminal organization" made up of senior members of his PMDB party.

He said the group had allegedly taken $190m (£140m) in bribes in return for contracts at public companies.

Corruption in Brazil

Corruption represents a severe constraint to business in Brazil. Brazil is currently being embroiled by a number of large corruption cases, including the 'Operation Car Wash' case involving Petrobras and Odebrecht in elaborate kickback and bribing schemes that has embroiled hundreds of politicians and led to the impeachment of former president Dilma Rousseff. Corruption is especially likely in the tax administration, public procurement and natural resource sectors.

The Clean Companies Act is one of the toughest anti-corruption laws in the world, but its enforcement is inconsistent. Under the Act, bid rigging and fraud in public procurement, direct and indirect acts of bribery, and attempted bribery of Brazilian public officials and of foreign public officials are illegal. The Act holds companies liable for the corrupt acts of their employees.

Brazilian law makes no distinction between bribes and facilitation payments. Giving gifts is illegal and uncommon when doing business and establishing relationships. Businesses are advised to consider the Portal's compliance guide for Brazil's Clean Company Act.

The newest charges were developed in part from testimony given by the owners of the world's largest meat packer, JBS, Joesely Batista and Wesley Batista.

They told prosecutors that they met Temer in his Brasilia residence and secretly recorded him allegedly discussing paying hush money to a witness.

President Temer has denied the recording shows anything incriminating.

His lawyers also challenged the testimony saying it was unreliable because Joesely Batista withheld information from prosecutors.

Meanwhile, the latest charges must first be accepted by the Supreme Court before being sent for debate in the lower house.

The president is widely thought to have enough support in Congress to avoid being put on trial.

The allegations against Temer are part of a series of wide-ranging criminal investigations by prosecutors into corruption by Brazil's elite.

Dozens of politicians and business executives have already been convicted or are being charged in embezzlement and bribery schemes.

 

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