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U.S. Department of Justice (DOJ)

U.S. government department, headed by the Attorney General, which includes the FBI, the DEA and the offices of the federal prosecutors; party to the Odebrecht/Braskem and Petrobras agreements.

Figures on the dashboard

  • US$957.0 million — Braskem's global settlement with the SEC, the DOJ, Brazil and Switzerland (Provided for in agreements, Dec. 21, 2016)
  • US$853.2 million — Total criminal penalty in Petrobras's agreement with the DOJ (includes credits for the SEC and Brazil) (Paid by Petrobras, Sept. 27, 2018)
  • US$682.6 million — The 80% portion of the DOJ agreement allocated to Brazil (Petrobras's agreement with the MPF) (Paid by Petrobras, Sept. 27, 2018)

Evidence

SEC (Litigation Release 23705, December 21, 2016): Braskem's global settlement with the SEC, DOJ, and authorities in Brazil and Switzerland of US$957 million, including disgorgement of US$325 million (US$65 million to the SEC and US$260 million to Brazilian authorities) and more than US$632 million in criminal penalties.

Official documentProven in a document

CFO (December 2016): "Odebrecht agreed to pay $2.6 billion"; the opening text says more than US$2.5 billion; the amount is not broken down by agency. The combined total with Braskem would be about US$3.5 billion (sum not confirmed in the text).

News reportSingle source

DOJ (September 27, 2018): Petrobras agreed to pay US$853.2 million, under a non-prosecution agreement, to resolve an FCPA investigation; the United States will credit amounts paid to the SEC and to Brazil, with the DOJ and SEC each receiving 10% (US$85.32 million each) and Brazil 80% (US$682.56 million). A 25% discount off the bottom of the sentencing guidelines range was applied.

Official documentProven in a document

On March 15, 2019, in ADPF 568 (filed by the PGR; related cases ADPF 569, by PT and PDT, and Rcl 33.667, by the Chamber of Deputies), Alexandre de Moraes suspended the effects of the Agreement on the Assumption of Obligations between Petrobras and prosecutors of the MPF-PR and of the 13th Court decision that approved it, and froze the deposited amounts (US$682.5 million transferred by Petrobras to 'Brazilian authorities' under an agreement with the DOJ), citing the risk of diversion of public money and doubt about the creation of a private foundation to manage them.

Judicial or administrative decisionProven in a document

Lula's defense argued, with messages among prosecutors, that Lava Jato acted with the support of foreign agencies (FBI, Swiss Public Prosecutor's Office) outside official channels, asked the US for help in the 'Odebrecht case', and obtained outside official channels information to break the tax secrecy of Lula's relatives; it also stated that the material had been concealed.

AccusationProven in a document

The DOJ is the US government's justice department, headed by the Attorney General; it houses the FBI, the DEA and other agencies and the offices of federal prosecutors.

News reportSingle source