Prosecutor General’s Office Indicts Rio’s Governor and 11 Others for Criminal Organization

RIO DE JANEIRO, BRAZIL – The Prosecutor General’s Office (PGR) indicted the removed Rio de Janeiro Governor Wilson Witzel at the Superior Court of Justice (STJ) for the second time on Monday, September 14th. This time, he is accused of being the leader of a criminal organization that allegedly set up a scheme to divert public funds.

In addition to Witzel, the following have been indicted:

• Helena Witzel, First Lady;
• Pastor Everaldo Pereira, national president of the PSC party;
• Edmar Santos, ex-Secretary of Health;
• Lucas Tristão, ex-Secretary of Economic Development;
• Gothardo Netto, ex-mayor of Volta Redonda;
• Edson Torres, entrepreneur;
• Victor Hugo Barroso, exchange broker;
• Nilo Francisco da Silva Filho;
• Cláudio Marcelo Santos Silva;
• José Carlos de Melo;
• Carlos Frederico Loretti da Silveira.

The indictment identifies Governor Witzel as the head of a criminal organization based on three alleged criminal groups:

• The first group headed by Mario Peixoto;
• the second, by Pastor Everaldo, Edson Torres and Victor Hugo Barroso;
• and finally, the third group would be headed by José Carlos de Melo.

The document is signed by deputy Prosecutor General Lindôra Araújo.

“The criminal organization, through this illegal scheme of hiring social organizations in the health area, intended to raise almost R$400 million (US$80 million) in illicit amounts, after four years, as it aimed to charge a five percent kickback on all contracts,” says the indictment.

In addition to his criminal conviction, the Prosecutor’s Office (MP) demands that Wilson Witzel permanently lose his position as governor of Rio de Janeiro. It also petitions that the accused be sentenced to pay compensation of at least R$100 million.

In a note, the removed Rio Governor criticized what he called a “leak of a secret proceeding to politically affect me.” “I reiterate my integrity and challenge anyone to prove a penny that is not declared in my Income Tax, fruit of my work, and compatible with my financial reality,” says Witzel.

The attorneys of the other accused parties denied their involvement in any crimes and said that they had not yet been fully briefed on the charges.

Another indictment in the STJ

In another proceeding against Witzel in the STJ – resulting from the Tris In Idem operation in late August – judge Benedito Gonçalves ruled to suspend the deadline for replying to briefs filed by Witzel and others indicted by the Prosecutor’s Office.

The judge considered that the allegations presented by the defendants’ attorneys that they had not had access to the full documents that served as grounds for the MP’s indictment should be clarified.

Suspected embezzlements

The decision that led to the governor’s removal is part of the Tris In Idem operation, which is investigating irregularities and embezzlement in Rio de Janeiro’s health resources. The first indictment at the STJ was lodged by the Federal Prosecutor’s Office as part of this operation.

The PGR states that the government of Rio de Janeiro has established a kickback scheme for emergency contracting and for the release of payments to social organizations (OSs) that provide services to the government, particularly in the Health and Education areas.

It is suspected that the governor has received, through his wife’s law office, at least R$554,200 in kickbacks. The MPF uncovered a R$74,000 transfer from Helena Witzel to the governor’s personal account.

The detection of the criminal scheme began with the investigation of irregularities in the hiring of field hospitals, ventilators, and drugs to fight the coronavirus pandemic.

Witzel has said that he never committed any illegal deeds, did not receive any amounts embezzled from the public coffers, and will continue working to “prove the truth”.

What the accused say:

Wilson Witzel, ousted Rio de Janeiro Governor

“Once again, this is a leak of a confidential proceeding to politically affect me. I reiterate my integrity and challenge anyone to prove a penny that is not declared in my Income Tax, fruit of my work, and compatible with my financial reality. My only asset is my home in Grajaú, and I have no conspicuous spending that could corroborate this lie whatsoever. The only illegitimate money found so far was with ex-secretary Edmar Santos”.

Helena Witzel, First Lady of Rio de Janeiro

Attorney José Carlos Tórtima, who defends Helena Witzel, said that he has not yet seen the case file and that he will only comment once this occurs.

Pastor Everaldo, president of PSC

“Pastor Everaldo’s defense clarifies that he has not yet had access to the entire investigation and the report on which his arrest was based, which took place 20 days ago. The defense states that the new indictment is not attached to the case file and that it will not comment on excerpts of a case that is confidential under judicial seal. Pastor Everaldo, who has always been at the authorities’ disposal, reiterates his trust in the courts and in his release,” says the note sent by the attorneys.

Edmar Santos, ex-Secretary of Health

The ex-Secretary’s defense said it will not comment on the indictment.

Lucas Tristão, ex-Secretary of Economic Development

Lucas Tristão’s defense stated that it “repudiates the selective leakage of information against the very same that has occurred since the initiation of these investigations”, and that it “has not had access to the content of the said indictment.”

Victor Hugo Barroso, exchange broker

Victor Hugo’s defense stated in a note that it was surprised by the indictment and will comment after studying it. “In any case, it should be said that Victor Hugo has always denied committing a crime. And, at the time of his deposition to the Federal Police, he declared this”, say the attorneys.

José Carlos de Melo

“The initial question that should be stressed is what crime has he committed, what influence would this be on the Government of the State of Rio, by someone who does not know the Governor. What is the advantage assessed? The indictment is based on a mistaken assumption, and there are no grounds for an indictment (only the whistleblower’s word) and inquisitorial conjectures,” stated attorney Raphael Mattos in a note.

Source: G1