Joesley Batista

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Joesley Mendonça Batista
Joesley Batista presta depoimento na Polícia Federal em SP 4 (cropped).jpg
Born
Joesley Mendonça Batista

(1972-12-08) 8 December 1972 (age 46)
Formosa, Goias, Brazil
CitizenshipBrazilian
OccupationEntrepreneur
OrganizationJBS S.A.
Spouse(s)Ticiana Villas Boas (2012-present)
ChildrenJoesley Filho
RelativesWesley Batista (brother)

Joesley Batista (born 8 December 1972) is a Brazilian businessman. He is responsible for the expansion and internationalization process of JBS S.A., the largest meat-packing company in the world, and one of the main agribusiness companies in Brazil.[1]

He and his company are involved and plead guilty in several allegations of bribery.[2][3] From September 2017 to October 2018, Brazilian Justice kept Mr. Batista on remand by illegal profit on the financial market.[4]

Career[edit]

Chairman of JBS S.A.[edit]

He serves as chairman of JBS S.A..[1] Listed in 2016 among the 70 main billionaires of Brazil by Forbes magazine.[5]

2016: Operation Car-Wash charges[edit]

In July 2016, Batista was included as a suspect in the investigations of Operation Car Wash. The Brazilian Federal Police charged him for alleged bribes made by his company, JBS S.A., to the former president of the Brazilian parliament Eduardo Cunha. The bribes were paid for the liberation of resources from the Fundo de Investimento do Fundo de Garantia do Tempo de Serviço [pt] (FI-FGTS).[6]

2017: Temer bribery allegations[edit]

On May 17, 2017, the newspaper O Globo published that Batista provided recordings made on March 7, 2017, of a dialog between he and the Brazilian president Michel Temer, where Batista represents that he was paying for the silence of Eduardo Cunha, who is currently in jail, and former target in the investigation.[7] The news resulted in some protests and calls for Temer's resignation, with the Brazilian stock market also facing a drop.[8] On May 19, 2017, JBS admitted to paying bribes to the three Brazilian presidents Michel Temer, Dilma Rousseff and Luiz Inácio Lula da Silva, spanning the previous 14 years. All three presidents denied accepting bribes. However, an audio recording appears to catching Temer green-lighting the Batistas to pay a monthly allowance to former House Speaker Eduardo Cunha in exchange for his silence.[9] JBS told prosecutors they had paid a total of $123 million in bribes to Brazilian politicians in recent years.[3] Batista was also rumored to have recorded senator and former presidential candidate Aécio Neves of a centre-right party requesting two million reais in bribes. The federal police filmed the payment passing to the senator’s cousin. The money was then tracked to the bank account of a company belonging to Zeze Perrella, a PSDB senator from Minas Gerais.[10] The former head of CVM[who?] referred to testimony that asserted JBS had bribed 1,829 politicians.[11] Temer alleged that JBS doctored the recording of him talking to Joesley Batista about trading shares, and accused the Batista of insider trading. JBS denied illegal trades.[11]

Batista and JBS allegedly obtained funding from the BNDES as a result of this bribe of over R$10 billion at below-market interest rates.[12] In return for his help making the recording, the Brazilian Federal Police set Batista, his brother and other directors of JBS S.A. free, with a penalty of R$225 million.[13] Joesley Batista decided to move to the USA.[citation needed] The agreement obtained by the Batista brothers applies only to their physical persons. The Brazilian authorities are still negotiating the penalty to be applied to J&F, the holding company of JBS S.A.. Prior negotiations suggested that a penalty close to R$11 billion, an amount that was JBS' holding company refused.[14] As of May 22, CVM was demanding $3.4 billion from JBS as part of a promised leniency deal, according to the press.[11] In May 2017, JBS retained law firm Baker McKenzie to negotiate possible criminal charges with the United States Department of Justice under the Foreign Corrupt Practices Act.[15][16]

2017: Insider trading investigation[edit]

Prior to the release of the recordings, Batista and his brother Wesley Batista sold several shares of JBS S.A. and bought over USD 1 billion. The release of the recordings resulted in substantial reduction of the stock price of JBS S.A. shares and in the reduction of the value in the Brazilian Real. The Brazilian Securities Commission ("CVM") is investigating the Batista brothers for insider trading.[17]

Prison[edit]

On September 10, 2017 he was temporarily arrested by the Brazilan Federal Police at the request of Attorney General Rodrigo Janot. The request was accepted by Federal Supreme Court Justice Edson Fachin.[18]

On September 13, 2017, he had the remand_(detention) ordered by the 6th Criminal Federal Court of São Paulo by the use of insider information to profit in the financial market between April and May 17, 2017, the date of disclosure of information relating to the award-winning collaboration agreement signed between J&F executives and the Attorney General's Office.[19]

On March 9, 2018 Mr. Batista was released from the Federal Police's jail in Sao Paulo, but he is not allowed to leave the country and his passport is retained by the Federal Police.[20]

References[edit]

  1. ^ a b Último Segundo: 60 Mais Poderosos do Paiís
  2. ^ Dono da JBS gravou Temer dando aval para comprar silêncio de Cunha, diz jornal
  3. ^ a b Pearson, Samantha; Megalhaes, Luciana (May 19, 2017). "Political Crisis Grips Brazil as Firm Admits to Bribing Nation's Leaders". Wall Street Journal. New York City, United States. Retrieved May 20, 2017.
  4. ^ [1]
  5. ^ 70 maiores bilionários do Brasil em 2016
  6. ^ PF faz buscas na casa de Joesley Batista, da Friboi
  7. ^ Dono da JBS gravou Temer dando aval para comprar silêncio de Cunha, diz jornal
  8. ^ T. Lewis, Jeffrey (May 19, 2017). "Brazil Stocks, Currency Recover Somewhat After Temer-Related Plunge". Wall Street Journal. New York City, United States. Retrieved May 20, 2017.
  9. ^ Brazil’s President caught on tape greenlighting bribes to former House Speaker, says newspaper Will Michel Temer be impeached? by "plus55" (2017)
  10. ^ Brazil: explosive recordings implicate President Michel Temer in bribery by Jonathan Watts, published in The Guardian (2017)
  11. ^ a b c Pearson, Samantha; Magalhaes, Luciana (May 21, 2017). "Brazilian Bribery Allegations Escalate Clash Between Government, Businesses". Wall Street Journal. New York City, United States. Retrieved May 22, 2017.
  12. ^ JBS pagou para conseguir aportes e financiamentos do BNDES, diz delação de Joesley Batista
  13. ^ JBS pagará multa de R$ 225 milhões em acordo de colaboração premiada
  14. ^ J&F não fecha acordo de leniência com o MPF
  15. ^ Freitas Jr., Gerson (May 23, 2017). "Batista Bonds Worst in Emerging Markets on JBS Debt Concerns". Bloomberg News. Archived from the original on May 24, 2017. Retrieved May 29, 2017.
  16. ^ Godoy, Marcelo; Salomão, Alexa; Trevisan, Claudia (May 24, 2017). "JBS contrata advogados para se defender nos EUA" [JBS hires lawyers to defend itself in the U.S.]. O Estado de S. Paulo (in Portuguese). Archived from the original on May 24, 2017. Retrieved May 29, 2017.
  17. ^ Brazil watchdog opens new probes into JBS-related insider trading
  18. ^ Joesley Batista and Ricardo Saud surrender to justice[2]
  19. ^ Federal Police arrest Wesley Batista in SP[3]
  20. ^ Federal Judge releases Joesley Batista; he must hand over his passport to the authorities[4]