Post by xyz2900 on Feb 11, 2024 17:09:32 GMT 8
The Federal Court in São Paulo rejected the possibility that assets seized from Banco Santos and its main director, Edemar Cid Ferreira, could be used to compensate the financial institution's creditors. The decision was made by judge Fausto Martin de Sanctis, from the 6th Federal Criminal Court in São Paulo, specialized in crimes against the National Financial System and money laundering. He rejected requests made by the bankruptcy estate's judicial administrator, Vânio César Pickler and by judge Caio Marcelo Mendes de Oliveira, from the 2nd Reorganization and Bankruptcy Court of São Paulo. The São Paulo court declared the bankruptcy of Banco Santos last September. Since November 12 last year, the bank was under intervention by the Central Bank.
He explains that the seizure of assets was decided on February 10, 2005 and carried out the following month, more than a semester before the bankruptcy of the banking institution was declared. The federal judge also explains that the assets of the businessman, the Banco Santos Belize Email List Cultural Institute and the Cid Collection Technical Reserve were seized to guarantee the effectiveness of a future judicial decision to be handed down in the criminal case files, as there are indications that they are the result of criminal offenses against the National Financial System and money laundering. According to him, a possible conviction guarantees the loss of assets, which would not be compensation, as the Union is not the banker's creditor.
Santos' debt exceeds R$2.2 billion. Lawyers for the bankruptcy parties declined to comment on the decision. For Sanctis, “it cannot be conceived that the decision of the 2nd Court of Bankruptcy and Judicial Recoveries of the Capital has an impact on the federal criminal field and has any form of influence on the assets seized by virtue of a judicial decision issued and complied with long before”. No one admits the MP's competence for this purpose. Delegate Ricardo Ferreira understands that the role of “police supervisory institution and criminal action holder” is reserved for the MP, and is responsible for requesting all the steps he deems necessary. The interviewed delegates reject the thesis that the PF's greater visibility is due to the Lula government's marketing strategy.
He explains that the seizure of assets was decided on February 10, 2005 and carried out the following month, more than a semester before the bankruptcy of the banking institution was declared. The federal judge also explains that the assets of the businessman, the Banco Santos Belize Email List Cultural Institute and the Cid Collection Technical Reserve were seized to guarantee the effectiveness of a future judicial decision to be handed down in the criminal case files, as there are indications that they are the result of criminal offenses against the National Financial System and money laundering. According to him, a possible conviction guarantees the loss of assets, which would not be compensation, as the Union is not the banker's creditor.
Santos' debt exceeds R$2.2 billion. Lawyers for the bankruptcy parties declined to comment on the decision. For Sanctis, “it cannot be conceived that the decision of the 2nd Court of Bankruptcy and Judicial Recoveries of the Capital has an impact on the federal criminal field and has any form of influence on the assets seized by virtue of a judicial decision issued and complied with long before”. No one admits the MP's competence for this purpose. Delegate Ricardo Ferreira understands that the role of “police supervisory institution and criminal action holder” is reserved for the MP, and is responsible for requesting all the steps he deems necessary. The interviewed delegates reject the thesis that the PF's greater visibility is due to the Lula government's marketing strategy.