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Companies and institutions

Odebrecht (now Novonor)

Business group founded in 1944 in Salvador. In December 2016 it signed a leniency agreement with authorities in Brazil, the U.S. and Switzerland; judicial reorganization in June 2019; renamed Novonor in December 2020. Shareholder of Braskem.

Figures on the dashboard

  • R$2.10 billion — Damage to the public treasury identified by the TCU in a special accounts proceeding (Ruling 2109/2016) (Cited in investigation, Aug. 17, 2016)
  • R$3.80 billion — Odebrecht's leniency agreement with the MPF-PR (Dec. 2016), total amount payable in Brazil (Provided for in agreements, Dec. 2016)
  • US$957.0 million — Braskem's global settlement with the SEC, the DOJ, Brazil and Switzerland (Provided for in agreements, Dec. 21, 2016)
  • R$6.70 billion — Cumulative total recovered by Petrobras — press release of November 1, 2022 (Returned, Nov. 1, 2022)

On the timeline

Documented links

  • Petróleo Brasileiro S.A. — Petrobras relationship with Odebrecht (now Novonor): Precautionary block of the group (and 22 others) from contracting and bidding starting December 29, 2014, based on testimony; it is not a conviction. Integrity commitment agreement on July 6, 2018, according to a news report.
    Sources (2)

    On December 29, 2014, Petrobras's Executive Board created sanction analysis committees (CAASE) and ordered the precautionary blocking of companies from 23 economic groups named as participants in a cartel in testimony by Paulo Roberto Costa, Alberto Youssef, and the cooperating witnesses of Toyo Setal and Setal, to which the company had access on December 3, 2014.

    Official documentProven in a document

    eixos reported that on July 6, 2018 Petrobras approved an integrity commitment agreement with Odebrecht, which would allow the lifting of the precautionary blocking of Odebrecht Engenharia e Construção (subject to reassessment after completing improvements) and of Ocyan (with reassessment of the risk grade upon signing).

    News reportSingle source
  • Dias Toffoli judged Odebrecht (now Novonor): Toffoli annulled the evidence from Odebrecht's leniency agreement and bribery systems (September 6, 2023).
    Sources (1)

    On September 6, 2023 Dias Toffoli annulled all evidence obtained through Odebrecht's leniency agreement and the company's bribery systems, considering it unusable in criminal, electoral, and administrative improbity proceedings.

    Judicial or administrative decisionSingle source
  • Marcelo Odebrecht headed Odebrecht (now Novonor): President of Odebrecht from 2008 to 2015, succeeding his father, Emílio Odebrecht.
    Sources (1)

    Marcelo Odebrecht was president of Odebrecht (now Novonor) from 2008 to 2015, succeeding his father, Emílio Alves Odebrecht.

    News reportSingle source
  • Odebrecht (now Novonor) signed an agreement with MPF: Leniency agreement of December 2016 between Odebrecht and the MPF-PR (R$3.8 billion, according to a Conjur report in another entry of the collection), part of a global agreement with the U.S. and Switzerland; amounts are a snapshot, do not add to others.
    Sources (2)

    The 2018 leniency agreement with the CGU/AGU (R$2.7 billion) was designed to be deducted from the total of R$3.8 billion already agreed with the MPF-PR; according to the report, the CGU/AGU amount "will be deducted" from what was agreed with the MPF.

    News reportSingle source

    The Odebrecht group, founded in 1944 in Salvador, admitted in December 2016 to paying bribes in 12 countries and signed a leniency agreement with the US, Switzerland and Brazil; it filed for judicial reorganization in June 2019 (approved in July 2020) and adopted the name Novonor in December 2020.

    News reportSingle source
  • Odebrecht (now Novonor) relationship with Braskem S.A.: Novonor (formerly Odebrecht) appears as a Braskem shareholder (38.32% in the entry consulted); an equity stake, not wrongdoing.
    Sources (1)

    Braskem is a petrochemical company listed on B3 and the NYSE; its shareholders listed in the entry are Novonor (38.32%) and Petrobras (36.15%); it signed a leniency agreement in 2016 with authorities in Brazil, the US and Switzerland linked to Lava Jato.

    News reportSingle source
  • Rodrigo Janot relationship with Odebrecht (now Novonor): On December 19, 2016 he delivered to the STF the cooperation agreements of 77 Odebrecht executives (a procedural act, with no judgment on the merits).
    Sources (1)

    As Prosecutor General, Janot asked in June 2016 for the arrest of Renan Calheiros, Romero Jucá, José Sarney and Eduardo Cunha (Teori Zavascki denied it), delivered to the STF on December 19, 2016 the agreements of 77 Odebrecht executives and, according to the entry, 137 investigations were opened at the STF under his tenure.

    News reportSingle source

Evidence

Odebrecht filed for judicial reorganization on June 17, 2019, in the 1st Bankruptcy Court of São Paulo, with declared debt of R$98.5 billion; Judge João de Oliveira Rodrigues Filho accepted the filing on June 18, 2019 and appointed Alvarez & Marsal as judicial administrator; Braskem was left out of the filing.

Document described in a news reportSeveral independent sources

Paula and Moura (2019), citing data from the newspaper O Empreiteiro, state that between 2015 and 2016 the gross revenues of Queiroz Galvão, Andrade Gutierrez, and Camargo Corrêa fell, respectively, 37%, 31%, and 39%; that Odebrecht went from gross revenue of R$107 billion, 168,000 employees, and operations in 27 countries (2014) to R$82 billion, 58,000 employees, and 14 countries (2017); and that the consolidated financial assets of Queiroz Galvão, OAS, Andrade Gutierrez, and Camargo Corrêa went from R$25.77 billion (2014) to about R$8.041 billion (2017), a drop of 68.6%.

News reportSingle source

A LEPEB-UFF bulletin (Dec. 2023) argues that, through the process of disqualification of the contractors, accentuated after 2016 and during the Bolsonaro government, they lost practically all international competitiveness and that the difficulties also come from the interruption of BNDES financing and Chinese hegemony in markets in Africa and Asia; the text reproduces a statement by President Lula (March 2023) that Lava Jato could have arrested a businessman and left the company operating.

Study estimateAllegation

On February 1, 2024, STF Justice Dias Toffoli suspended payment of the fines under the leniency agreement signed in 2016 by Odebrecht (now Novonor) with the MPF (R$8.5 billion, according to the article) and authorized the company to renegotiate the terms with the PGR, CGU, and AGU, citing reasonable doubt as to the company's voluntariness in signing; Novonor had alleged serious financial difficulties in meeting the obligations and excesses by the task force revealed by Operation Spoofing.

Judicial or administrative decisionSingle source

On August 17, 2016, the TCU (Ruling 2109/2016-Plenary, case 000.168/2016-5) provisionally ordered the unavailability of assets of responsible parties, including companies (OAS and Grupo Odebrecht), and reported damage to the treasury of R$2.1 billion "so far", which could be greater if the contract amendments are analyzed.

Judicial or administrative decisionProven in a document

The 2018 leniency agreement with the CGU/AGU (R$2.7 billion) was designed to be deducted from the total of R$3.8 billion already agreed with the MPF-PR; according to the report, the CGU/AGU amount "will be deducted" from what was agreed with the MPF.

News reportSingle source

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

Petrobras statement of November 1, 2022 (via Suno): more than R$6.7 billion transferred to the coffers of Petrobras and subsidiaries through cooperation, leniency, and repatriations; about R$439 million received in the last quarter (Camargo Corrêa, Novonor, SBM, Pedro Barusco).

News reportSeveral independent sources

eixos reported that on July 6, 2018 Petrobras approved an integrity commitment agreement with Odebrecht, which would allow the lifting of the precautionary blocking of Odebrecht Engenharia e Construção (subject to reassessment after completing improvements) and of Ocyan (with reassessment of the risk grade upon signing).

News reportSingle source

On September 6, 2023 Dias Toffoli annulled all evidence obtained through Odebrecht's leniency agreement and the company's bribery systems, considering it unusable in criminal, electoral, and administrative improbity proceedings.

Judicial or administrative decisionSingle source

Moro was hired by the consultancy Alvarez & Marsal in December 2020, after leaving the government; the consultancy was acting as judicial administrator of Odebrecht's reorganization and, according to the report, had received R$42.5 million from Lava Jato targets; Moro said he worked in an anticorruption policy area, and the company said the contract barred work with clients linked to Lava Jato.

News reportSingle source

The entry lists Cabral's convictions: 14 years and 2 months (June 13, 2017, Moro, Comperj; upheld by the TRF4 on May 30, 2018); 45 years and 2 months (September 20, 2017, Marcelo Bretas, Calicute); 13 years (October 20, 2017, Mascate); and others, up to 17 years, 7 months and 9 days (May 31, 2022, Odebrecht bribes). The infobox cites 425 years and 20 days in 23 convictions; the body text speaks of more than 435 years in 24 convictions.

Judicial or administrative decisionSingle source

Marcelo Odebrecht was president of Odebrecht (now Novonor) from 2008 to 2015, succeeding his father, Emílio Alves Odebrecht.

News reportSingle source

On December 1, 2016, Marcelo and his father signed a cooperation agreement, with a commitment to pay R$8.6 billion through Odebrecht/Novonor (according to the entry); on December 19, 2016, Rodrigo Janot delivered to the STF the agreements of 77 executives of the company (according to Janot's entry).

News reportSingle source

According to the entry, Fachin approved the plea agreement of João Santana and Mônica Moura and lifted secrecy over the Odebrecht plea agreements (April 2017) and approved Sérgio Cabral's plea agreement (February 6, 2020).

Judicial or administrative decisionSingle source

According to the Operation Lava Jato entry: the PF launched the operation on March 17, 2014; in December 2016 there was the Odebrecht leniency agreement; Moro left the operation on November 19, 2018 and Gabriela Hardt took over the court; the entry indicates the end of the operation on February 1, 2021; in September 2023 Toffoli annulled the evidence obtained through the Odebrecht leniency agreement.

News reportSingle source

The Odebrecht group, founded in 1944 in Salvador, admitted in December 2016 to paying bribes in 12 countries and signed a leniency agreement with the US, Switzerland and Brazil; it filed for judicial reorganization in June 2019 (approved in July 2020) and adopted the name Novonor in December 2020.

News reportSingle source

Braskem is a petrochemical company listed on B3 and the NYSE; its shareholders listed in the entry are Novonor (38.32%) and Petrobras (36.15%); it signed a leniency agreement in 2016 with authorities in Brazil, the US and Switzerland linked to Lava Jato.

News reportSingle source