To his excellency the substitute federal judge of the 3rd federal criminal court of rio de janeiro
Supply of confidential information
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1.9Supply of confidential informationAs to the leaking of confidential information, management communications (emails) were found at SBM with confidential Petrobras documents.64 One of the documents, the file “610.doc” (doc. 33), which will be referred to below, was attached to an email from JULIO FAERMAN addressed to Francis Blancheland of SBM. The confidential contents are very clear from the heading of the email and from the passage in which JULIO FAERMAN says that “this is a highly confidential document and I request you not to send it to anyone else”: CONFIDENTIAL From: Julio Faerman Sent: 28-10-2010 19:19:43 +00:00 To: Blanchelande Francis Subject: CONFIDENTIAL Attachments: 610.doc Francis,
Attached to this email you will be able to see the board resolution contracting McDermott for the pipe laying vessel I told you about that we, Oildrive were working together with them (McDermott). I hope this can be of value for future idea of rates and other information. As you may realize this is a very confidential document which I would have to ask you not to distribute to anyone else. Regards,
Julio Faerman Message Headers: Received: from NLSERVER06.corpnet.singlebuoy.com (172.16.20.6) by MCCASXMS01.corpnet.singlebuoy.com (10.211.1.105) with Microsoft SMTP Server (TLS) id 8.3.83.0; Thu, 28 Oct 2010 21:19:56 +0200 Received: from mx2.sbmoffshore.com (172.16.1.224) by NLSERVER06.corpnet.singlebuoy.com (172.16.20.6) with Microsoft SMTP Server id 8.1.393.1; Thu, 28 Oct 2010 21:19:55 +0200 Received: from smtpa-04.mls.com.br (smtpa-04.mls.com.br [200.152.96.75]) by mx2.sbmoffshore.com with SMTP id FlxPvSCSRrfKP1gm for Received: from JULIO (unknown [187.105.98.99]) by smtpa-04.mls.com.br (Postfix) with ESMTPA id 3C3335D26 for From: Julio Faerman To: “‘Blanchelande Francis’” Subject: CONFIDENTIAL Date: Thu, 28 Oct 2010 17:19:43 -0200 Message-ID: <01b501cb76d5$168270b0$43875210$@com.br> MIME-Version: 1.0 Content-Type: multipart/mixed; boundary=”----=_NextPart_000_01B6_01CB76C4.52F9A0B0” X-Mailer: Microsoft Office Outlook 12.0 Thread-Index: Act21RMJEpHOdOirSpmGYn/tLbCiqw== Content-Language: pt-br X-Virus-Scanned: by bsmtpd at sbmoffshore.com Return-Path: julio@faercom.com.br
This RTF was generated by AccessData using data parsed from “G – Management.pst”. Please refer to that file for the original evidence. The 610.doc file contains, in summary, a “Request for authorization to sign contracts for the leasing of the vessel M/V Agile, PLSV type (‘Pipe Laying Support Vessel’), and for installing and removing flexible ducts, with J. Ray McDermott, Inc. and McDermott Serviços de Construção Ltda., respectively.” FAERMAN forwarded it to SBM so that it might be useful to SBM in fixing its rates for Petrobras and for other information(“future idea of rates and other information”). Another email, without any text but attaching the “E&P- PRESAL 000021_2011 – Versão.pdf” file, was addressed to Jean Philippe Laures (then Chief Operating Officer – COO at SBM), to “TONY” (Chief Executive Officer of SBM between 2008 and 2011), BRUNO CHABAS (current Chief Executive Officer of SBM), Mark Miles and to the same Francis Blancheland as the previous email, all of them of SBM:
2. Wyllie Michael 3. Miles Mark 4. Blanchelande Francis 5. Chabas Bruno
Content-Type: application/ms-tnef; name="winmail.dat” Content-Transfer-Encoding: binary From: Laures Jean Philippe Sensitivity: private Date: Mon, 18 Apr 2011 08:12:30 +0200 Subject: FW: Fwd: E&P-PRESAL / confidential not for distribution Thread-Topic: Fwd: E&P-PRESAL / confidential not for distribution Thread-Index: Acv83292ax6o7Gj+TMaJLwhj+YTSTAAsARog Message-ID: Content-Language: en-US X-MS-Has-Attach: yes X-MS-Exchange-Organization-SCL: -1 X-MS-TNEF-Correlator: This RTF was generated by AccessData using data parsed from “MAS.pst”. Please refer to that file for the original evidence. The documents attached to the above emails were noted by the first Petrobras Internal Committe of Enquiry on a visit to SBM in the Netherlands, which stated in its final report (p. 6 – PIC MPF/PR/RJ 1.30.001.000837/2014-68, Appendix III, Volume 2): “Copies in PDF format were seen of the DIP documents E&P-SERV 610/2010 and DE&P-PRE-SAL 2010/2011: III Report of Master Plan for Integrated Development of Sub-Salt Stratum in Santos Basin, cycle 2010/2011”. Further on, it mentions the same two documents (p. 104): “we identified the Petrobras Internal Document E&P PRESAL 21/2011 (confidential), of 18 March 2011, along with the Sub-Salt Master Plan approved by the Executive Board on 18 April 2011. “we also identified Petrobras Internal Document E&P-SERV 610/2010 (confidential), of 11 October 2010, which requested authorization from the Executive Board of Petrobras to sign the contracts for the leasing of the PLSV vessel with J. Ray McDermott Inc and McDermott Serviços de Construção.” The passing on of Petrobras confidential information to SBM by JULIO FAERMAN seemed routine: 
In the above email, FAERMAN passed on to Mike Wyllie, then Chief Technical Officer at SBM, the decision and study by Petrobras with regard to FLNG (doc. 34), and stressed that “this information is highly confidential at this stage and there would be serious consequences if a leak occurred owing to any failure of communication.” And further on: “I do not recommend that the whole text is shown to anyone, even internally”. After checking its own systems, Petrobras identified the code of JORGE LUIZ ZELADA (SG9W) as the person who generated the confidential files found at SBM.65 It was no coincidence that ZELADA generated and printed the files near the time he made a leisure trip to Argentina with JULIO FAERMAN, LUIS EDUARDO and RENATO DUQUE.66 On 07/04/2011, 4 days before receiving the email with the program for the trip, ZELADA, using his code SG9W, generated the pdf file “E&P- PRESAL 000021/2011”.67 It should be remembered that the email from Jean Philippe Laures with this document attached was sent on 18/04/2011. On 08/06/2011, three days after returning from Argentina, ZELADA printed this same document, at night, between 22:39:17 and 22:53:13.68 It should be noted that the subject matter is not related to the International Department of Petrobras, where ZELADA worked between 04/03/2008 and 20/07/2012; there was therefore no professional reason for him to access an E&P document (the property of the Exploration and Production Department, at the time headed by Guilherme de Oliveira Estrella). This document was received from the Netherlands by way of international cooperation and the file properties show the author as SG9W, the code of JORGE LUIZ ZELADA:69 
In a statement made to the Brazilian Federal Public Prosecutor’s Office, JULIO FAERMAN admitted that confidential information on Petrobras was obtained from JORGE LUIZ ZELADA, who passed it on to LUIS EDUARDO BARBOSA CAMPOS DA SILVA on a pen drive (statement of 20/05/2015, at 14h50m, doc. 35): “As regards access to confidential documents of Petrobras through ZELADA, he states that he received information, including confidential information, which he passed to SBM, but he never received documents directly from ZELADA. He used to receive these documents from LUIS EDUARDO, who did not say how he had obtained them. A pen drive containing the documentation was made available by LUIS EDUARDO, but he is unable to say whether the obtaining of this documentation was related to the monthly payment of US$ 20 thousand made by LUIS EDUARDO to ZELADA.” In the same statement, FAERMAN made it clear that these documents were obtained from ZELADA: “at the point at which he said that LUIS EDUARDO did not tell him how he had obtained the pen drive with Petrobras documents, he explains that he said this because he did not understand the question, but he is sure that LUIS EDUARDO told him that the documents contained on the pen drive were obtained from ZELADA, only he did not know how this occurred.” There was reference to the payment of 20 thousand dollars per month to ZELADA by LUIS EDUARDO because of the following passage in the same statement of FAERMAN: “he knows that 20 thousand dollars per month left his TORI account at Safra Bank in Switzerland, on the orders of LUIS EDUARDO, but at present he cannot specify the period and is unaware of the reason for these payments.” At the end of the statement, FAERMAN explained that “where he spoke of 20 thousand dollars, the real amount was 10 thousand dollars”. In fact, by way of transfers amounting to hundreds of thousands of dollars,70 there were various transfers on an almost monthly basis of around 10 thousand dollars, between 05/09/2008 and 30/07/2012, from the account of the offshore company TORI Management (account 606031), belonging to FAERMAN71 and LUIS EDUARDO, at J. Safra in Geneva, to accounts of ZELADA, namely those of the offshore companies VABRE Internacional SA, at J. Safra Bank in Geneva, and STEAMBOAT Commerce Holdings, at Lombard Odier Bank in Geneva:
Thus, ZELADA revealed information to which he had access and of which he was aware by virtue of his position and which should have remained secret, passing it to SBM with the assistance of LUIS EDUARDO and FAERMAN. For this, ZELADA, who held a senior post in Petrobras, received improper payments directly, which were promised and paid by JULIO FAERMAN and LUIS EDUARDO so that he would take official steps amounting to a breach of his duty to the company. The fact that these sums were paid outside Brazil was never declared to the relevant Brazilian federal authorities by FAERMAN, LUIS EDUARDO or ZELADA. The nature, origin, location, movement and ownership of these sums, the proceeds of crimes committed against the public purse, were concealed and disguised, inter alia through the use of companies set up in tax havens, especially in the British Virgin Islands. Directory: 2016 -> files 2016 -> Resolution 2016 -> American bar association adopted by the house of delegates files -> Acm word Template for sig site files -> State of florida files -> Accept Regular files -> Capacitated traffic assignment problem subject to variable demand, a nonlinear formulation cum solution code in gams files -> Future scenarios of greenhouse gas emissions from electric and conventional vehicles in Australia files -> Large scale multiclass modelling for addressing the challenges, opportunities and future trends of new urban transport systems files -> Road User Pricing: Driverless cars, congestion and policy responses Download 2.29 Mb. Share with your friends:
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