Andrés skips Ethics Committee hearing, case moves on at Corinthians | OneFootball

By Tiago Salazar and Thais Bueno

Andrés Sanchez waived the testimony he was entitled to before the Corinthians Ethics and Discipline Committee. The former president of Timão fears violating the court order that bars him from contacting club officials and gave up being heard by the black-and-white club’s body, which, at Leonardo Pantaleão’s request, had asked Andrés’ defense to provide proof of any measure taken before the courts that would allow him to take part in the hearing.

Andrés Sanchez, who is under investigation for the alleged improper use of Corinthians’ corporate card, had testimony scheduled for this Thursday via videoconference. However, according to Gazeta Esportiva, the former president relented after pressure from the Committee and withdrew from this part of the proceedings.

The former president’s defense had already requested the postponement of the hearing on the grounds that the session, even if held virtually, could violate the restrictive measures imposed on Andrés by the courts. One of them is the prohibition on any contact with club officials. The same argument was used in the document sent to Leonardo Pantaleão, chairman of the Ethics Committee, this Thursday.

(Photo: Daniel Augusto Jr/Ag. Corinthians)

The hearing before the Ethics Committee is intended to provide a documented opportunity to clarify the expenses listed on the statements of the corporate card used by Andrés Sanchez between 2018 and 2020 and to prove that those expenses were related to his role as Corinthians president.

Leonardo Pantaleão, just as he had recently done in Augusto Melo’s case, did not grant the defense’s requests and scheduled the hearing, even before the maximum deadline set out in the bylaws.

What now?

The next stage of the proceedings, therefore, is the final submission of Andrés’ defense, which will be sent in writing within up to five business days from receipt of the notice, expected this Friday. This means that by the end of next week, Corinthians’ Ethics Committee should decide its opinion on the case.

From a legal standpoint, by waiving the hearing, Andrés Sanchez agrees to the continuation of the investigation before the Corinthians body. Besides losing the possibility of giving further explanations, he would also have had the right to name three witnesses to support his case, who could take part on their own, but he lost those options when he withdrew from this procedural stage.

The former Corinthians president is also prevented from turning to the courts to potentially seek the annulment of the proceedings in the event of any punishment by the club.

Ethics Committee will use testimony from the Justice Committee

In December of last year, before the courts requested the restrictive measures, Andrés Sanchez went to Parque São Jorge to testify before the club’s Justice Committee about the corporate card spending at Corinthians during his last spell in charge, between 2018 and 2020.

On that occasion, the meeting lasted about 40 minutes. Andrés was questioned about each of the 50 suspicious expenses on the Corinthians card and justified the purchases. The former president’s lawyers were also present at the meeting, but did not speak.

Leonardo Pantaleão followed the explanations. At the time, Pantaleão asked Andrés for the testimony to also be valid for the Ethics Committee, and the former president agreed. With the withdrawal sealed this Wednesday, the same testimony will be valid for the body chaired by the lawyer.

(Photo: José Manoel Idalgo/Corinthians)

Next steps

Pantaleão is now awaiting the written defense from Andrés’ lawyers. After reviewing what is presented, the official, appointed as the case’s rapporteur, will be responsible for presenting his final opinion.

The decision, however, is not in Pantaleão’s hands alone. The verdict is made up by the lawyer and three other members of the Ethics Committee, who will deliberate and submit their respective votes with the final ruling.

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After this process, it will be up to Pantaleão to send the final opinion to Corinthians’ Deliberative Council, which will place the case on the agenda for final deliberation in the Council’s plenary session. It will then be up to the council members to decide Andrés Sanchez’s future at the club.

According to Gazeta Esportiva, Pantaleão will send not only the panel’s final opinion, but also any dissenting votes, should that occur.

Understanding the case

As revealed by Gazeta Esportiva, Corinthians’ Justice Committee identified a series of expenses deemed suspicious during Andrés Sanchez’s last term (2018-2020) that were allegedly unrelated to a president’s duties.

The body initially listed 50 expenses, identifying locations and amounts that add up to R$ 190,523.54. Among the main charges separated and reviewed by the Committee are expenses at hospitals, clinics and pharmacies, furniture and electronics stores, as well as costs involving a private air taxi company and automotive centers.

Members of Corinthians’ Justice Committee believe there is no proof whatsoever that these purchases were made for club use or out of necessity for the president. The expenses have no supporting receipts attached.

Prosecutors’ complaints

Andrés Sanchez was also charged twice by the São Paulo Public Prosecutor’s Office (MP-SP). The first complaint, for continued aggravated embezzlement, money laundering and falsification of tax documents, was partially rejected by judge Marcia Mayumi Okoda Oshira of the 2nd Court for Tax Crimes, Criminal Organization and Money Laundering of the Capital.

However, the MP-SP, through prosecutor Cássio Roberto Conserino, appealed the decision. In light of this, the judge ordered the suspension of the decision favorable to the former Timão president and referred the case to the São Paulo Court of Justice.

Later, Andrés was charged with money laundering and tax crimes. The MP also sought a new financial reimbursement to the club from Parque São Jorge. The agency’s new complaint concerns alleged personal expenses by the former president on Corinthians’ corporate card between August and September 2020, his final year in office.

Judge Marcia Mayumi Okoda Oshira, however, dismissed the charges. The judge held that “there was no just cause” to open criminal proceedings. It is worth noting that the embezzlement accusation has not yet been ruled out and is still under investigation by the regular criminal court.

This article was translated into English by Artificial Intelligence. You can read the original version in 🇧🇷 here.