[ad_1]
The Superintendency of Industry and Commerce (SIC) has just imposed a millionaire fine, for 295 billion pesos, due to the existence of an anti-competitive agreement that allowed the award of the contract “Ruta del Sol Section 2 ‘, in a first phase.
In the same decision, the SIC closed the proceedings against officials of the Aval group to whom it had formulated a statement of charges in 2018, because it was shown that they had no participation in the acts related to the Ruta del Sol II.
(You may be interested: Involved in Odebrecht, he will testify against Daniel García Arizabaleta)
According to the entity, “there were irregular payments, which materialized through the instrumentalization of different contracts, which allowed them to divide the costs derived from the payment of the anticompetitive agreement and deploy a compensation strategy through a contractual addition, with the purpose of unduly extracting the greatest possible profit from the project. “
The historic sanction falls on Constructora Norberto Odebrecht SA, Odebrecht Participaciones e Investimentos SA, Corporación Financiera Colombiana SA (Corficolombiana), Estudios y Proyectos del Sol SAS (Episol); Concesionaria Ruta del Sol SAS in Liquidation (Concessionaire) and Gabriel Ignacio García Morales.
Andrés Barrero González, head of the SIC.
Mauricio Moreno / ETCE
The millionaire fine must be paid jointly among those sanctioned according to this table.
In addition, four natural persons were punished for having collaborated, facilitated, authorized, executed or tolerated the restrictive system of free economic competition: José Elías Melo Acosta ($ 393,991,455); Luiz Antonio Bueno Junior ($ 1,755,603,135); Luiz Antonio Mameri ($ 1,228,975,605); and Yezid Arocha ($ 185,521,470)
The rest of the sanction must be paid by the companies in percentages that appear in a table to which this newspaper had access in advance.
(You may be interested: ‘Colombia went further in the Odebrecht case; in Brazil there is nothing else’)
EL TIEMPO established that the decision of the SIC had a favorable and unanimous opinion of the Competition Advisory Council, in a session held on December 2, 2020.
Former Deputy Minister of Transportation Gabriel Ignacio García Morales, is also a witness for the Prosecutor’s Office.
the informer
The investigation, carried out by the Delegation for the Protection of Competition of the SIC, had the collaboration of the former Minister of Transportation Gabriel Ignacio García Morales, as an informer, who confessed and pointed out behaviors that violated the free economic competition regime during the structuring , award and execution of the Ruta del Sol II.
(Also: The secret emails of the ‘controller’ Pizano)
A highly complex corruption scheme was deployed that lasted for more than a decade and resulted in the payment of hundreds of millions of dollars in bribes in different countries.
José Elías Melo Acosta, former president of Corficolombiana, another of those sanctioned.
Claudia Rubio / TIME
The investigation was able to corroborate and rely on acts of corruption
recognized by Odebrechr in the Plea Agreement signed on December 21, 2016 with the United States Department of Justice), which unfolded a highly complex corruption scheme that lasted for more than a decade and resulted in in the payment of hundreds of millions of dollars in bribes in different countries.
(In context: Ruta del Sol II: order to reopen case for death of auditor’s son)
The bribes, as is known, were distributed through a complex network of shell companies, off-the-books transactions, and overseas bank accounts.
Luiz Bueno (right) Luiz Mameri and Luiz Da Rocha must pay millionaire fines to the SIC.
At a press conference, the SIC stated that “it found fully accredited the implementation of an anticompetitive system between Odebrecht, Corficolombiana and Episol, through which, in a first phase, they devised, held and executed a
anti-competitive agreement to guarantee the award of the Concession Contract No. 001 of 2010, in favor of the Concessionaire and, in a second phase, through a dynamic of reimbursements and irregular payments, which was materialized through the instrumentalization of different contracts ” .
(In context: Odebrecht: order key tests for alleged transfers to 2014 Campaign)This mechanism, for the SIC, allowed them to divide the costs derived from the payment of the anticompetitive agreement.
Additionally, it was found that, from August 1, 2010 to November 10, 2017, CONSOL managers as well as the concessionaire’s ‘controller’, identified irregular payments that lacked support or justification, both in an initial phase due to payments related to “additional studies” in the preparation of the offer —DCS MANAGEMENT—, or subsequent to the award with works that were not associated with the execution of the project. These irregular payments were brought to the attention of José Elías Melo Acosta, president of Corficolombiana at that time.
(See here all the articles of the Investigative Unit of EL TIEMPO) For several investigated, the SIC closed the process for lack of evidence against them. Among them is Luis Carlos Sarmiento Gutiérrez and Grupo Aval.
SIC rules out responsibilities
In the case of Sarmiento Gutiérrez, president of Aval, the SIC indicated that it had no participation in the events investigated. After evaluating all the evidence collected, it ruled out its responsibility for any conduct related to the irregularities.
The actions against the other executives of the Aval group, who had been charged in 2018, were also archived.
In an official statement, Aval said that it welcomes that the final decision of the SIC has confirmed, “As it has maintained over the last few years, that the company, its directors and officers, cannot be held responsible for this reprehensible case”
INVESTIGATIVE UNIT
[email protected]
@UinvestigativaET
