Former President Luiz Inácio Lula da Silva’s defense proved today (04/02), by means of 3 expert reports drafted by national and international experts in computer science and accounting, that the electronic material analyzed by the Federal Police in the report submitted on 02/23/2018 (Criminal Proceeding No. 5063130-17.2016.4.04.7000) cannot be considered authentic according to the applicable forensic and scientific standards. Therefore, even though they prove nothing against Lula, the respective storage devices must be removed from the case file and not allowed to be used in other cases. The reports were issued by the British CCL Group, by the Centro Brasileiro de Perícia [Brazilian Center of Expert Examination], and by an independent auditor.

 

The charges the Federal Attorney’s Office brought against Lula were based on Odebrecht’s parallel accounting system, which is reproduced in the so-called MyWebDay system. According to the complaint, sums that stemmed from contracts with Petrobras were allegedly meant for, through this parallel system, purchasing a land meant for Lula Institute and also an apartment in São Bernardo do Campo whose “actual owner” is allegedly the former President.

 

With the certainty that the former President’s name does not come up as a beneficiary of any illicit amounts in Odebrecht’s parallel accounting – and that he wasn’t given the ownership of any of the properties mentioned in the complaint – on 07/07/2017 Lula’s defense requested access to the MyWebDay system in order to prove that.

 

After denying access to the system at first, the Federal Attorney’s Office admitted they had a copy of MyWebDay on 08/23/2017. As a result, Lula’s defense, based on the constitutional guarantee of an adversary proceeding and also the principle of equality of arms, requested access to this alleged copy on 09/01/2017. On 09/13/2017 the Judge of the 13th Federal Criminal Court of Curitiba denied Lula’s defense access to such electronic material that’s in possession of the Federal Attorney’s Office and ordered, through an official letter (without any request), an expert examination on it. To this day, the defense hasn’t been given access to such material.

 

On 02/23/2018, the Federal Police issued Expert Report No. 0335/2018 – SETEC/SR/PF/PR, which, among other things, acknowledged that: (a) the federal experts failed to access the main system which was the subject matter of the expert examination, MyWebDay; (b)  system data was deliberately destroyed before the files were made available to the company in charge of keeping and making the forensic copies (FRA); (c) the experts found evidence that the files submitted by Odebrecht had been tampered with and/or damaged by the company responsible for the system; (d) the experts also identified some files that were modified after the Federal Attorney’s Office received the material from Odebrecht. The Federal Police Report does not indicate any record that Lula has received amounts from Odebrecht’s parallel accounting.

 

The expert reports Lula’s defense presented today prove that:

(i) all the copies delivered to the Federal Attorney’s Office and examined by the Federal Police Experts were made in the IT department by employees of Odebrecht;

(ii) when Odebrecht handed the material, the Federal Attorney’s Office didn’t take any measures to assess if that material, and the material kept in the servers in Switzerland and Sweden, checked out — the construction company’s parallel accounting data was hosted in Switzerland and Sweden;

(iii) the Federal Attorney’s Office wasn’t careful enough to preserve such material at the time they received it or after that either, they didn’t even take the precautions set out by the very institution Internal Directions;

(iv) some files were deliberately corrupted, that alone invalidates the examined material;

(v) the copies received by the Federal Attorney’s Office were accessed directly by the institution’s servers, something that is unacceptable when it comes to forensic copies and which makes them useless as forensic evidence;

(vi) the expert examination was not carried out in the system used by the Structured Transactions Department. The Federal Criminal Experts made the expert examinations in a system environment other than the one used daily by the Structured Transactions Department, something which made the examination completely meaningless;

(vii) the Federal Police Experts tried to accommodate amounts found in emails, reports, and other pieces of information that have no relation to accounting in order to provide grounds for peripheral aspects of the complaint;

(viii) the spreadsheets in the procedure related to “weekly payment schedule” are drafts and present errors, including sums, and do not serve as a proof of the transactions recorded therein;

(ix) they saw that Odebrecht’s offshore bank statement, which contains a supposed transaction brought to the case (transfer and subsequent chargeback to the company BELUGA), does not check out with the bank transfer entries supposedly made in favor of others involved in Operation Car Wash, which have already been checked, accepted, and used to ground the judgment rendered by the Judge of the 13th Federal Criminal Court of Curitiba.

Such an occurrence indicates that the bank statements were tampered with, something which makes said documents useless for the purpose and also makes all the information brought into the documents suspicious. The lack of entries in a bank statement whose bank account ends with a zero balance indicates that there may have been changes in the name of the beneficiaries of the cash and that amounts may have been meant for a particular person (physical or legal) under the name of another person.

 

Cristiano Zanin Martins
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To have access to the documents (in portuguese), check the links below:

Petição – Parecer Técnico
Parecer Técnico 1
Parecer Técnico 2
Parecer Técnico 3