MP-SP urges court to oust Andres, Duilio, Augusto from Corinthians board | OneFootball

The investigation by the São Paulo Public Prosecutor's Office (MP-SP) into the expenses on the Corinthians corporate card since 2018 and suspicions of other irregular expenses has advanced. On August 21, prosecutor Cassio Roberto Conserino filed a precautionary action in court requesting the temporary removal of former presidents Andrés Sanchez and Duilio Monteiro Alves from their lifetime positions on the club's Deliberative Council (CD) and Advisory Council (CORI).

The MP-SP investigation began on July 29, aiming to investigate possible practices of “aggravated embezzlement, qualified theft by a group of agents and abuse of trust and/or fraud, ideological falsehood, criminal association, and at a later investigative stage, alleged money laundering” not only by the two former presidents already mentioned but also by Augusto Melo, whose mandate was revoked on the 9th by Corinthians members.

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The Central do Timão obtained access to the content of the precautionary action, which has 17 pages. The document begins with the legal basis for the request for an injunction, where the prosecutor cites norms such as the Pelé Law (Law 9.618/98), the General Sports Law (Law 14.597/2023), and the Code of Criminal Procedure, whose article 319 lists the precautionary measures other than imprisonment applicable in the country.

Next, the text provides a brief summary of the facts, initially recalling the allegations about the expenses of Duilio's management in 2023, listed in a report published by the portal ge.globo. The MP-SP claims to have questioned the owners of Oliveira Minimercado, responsible for issuing about R$ 32,000 in sequential invoices to the club, but they could not prove the provision of the buffet services indicated in them.

The prosecutor points out that such services were never provided, indicating the possible practice of a crime. He then recalls that the expense spreadsheet in question totals more than R$ 86,000 in expenses related to activities that “deviate from the interests of a football club, corresponding to private desires.”

The allegations about personal expenses on the Corinthians corporate card are also mentioned. Andrés Sanchez admitted part of these expenses and reimbursed the club the amount of R$ 15,000 after the case was disclosed. Conserino also evokes the testimonies of Osmar Stabile and Romeu Tuma Júnior, presidents of the Board and the Deliberative Council, respectively, who stated that, historically, the control of these expenses at the club was “merely formal,” without substantial rigor.

Another fact remembered in the piece was the complaint made by Corinthians itself on May 31, when allies of former president Augusto Melo led a movement aiming for his return to office, when financial documents and other statements were allegedly stolen from Parque São Jorge. The prosecutor cites the complaint to criticize the club's “administrative disorganization,” which did not respond satisfactorily to the authorities when financial documents were requested.

Tuma Jr.'s testimony, given as a witness, is cited in detail in the request, occupying about two pages of the document. From it, according to the prosecutor, the investigation learned that Andrés and Duilio held lifetime positions on Corinthians councils and could even vote in the indirect presidential elections held on the 25th.

The situation worried the MP-SP, which saw the risk that the former presidents could use these lifetime positions to influence the internal investigations conducted by Corinthians, aiming to identify possible statutory irregularities committed during their administrations. The text states: “It is not too much to say that within SCCP (the former presidents) may intimidate or frighten or even threaten, as follows below, people who have the power to respond to the Public Prosecutor's Office's requests.”

This impression was reinforced by Tuma's statements in the hearing, according to prosecutor Conserino. This is because the president of the alvinegro CD stated that he has been “threatened because of his activities at the club,” that “organized crime has settled in Corinthians,” that “the political war is very big at the club,” and that “people not used to this could, in the face of these threats, not cooperate with the investigations,” according to the document. About these statements, the prosecutor comments:

“These statements made by the president of the Deliberative Council, who has the duty to investigate irregularities within the sports entity in question, do not seem frivolous to us as, from time to time, the backstage of SCCP populates the police columns, whether because financial documents are stolen from within the institution, whether because political groups clash there, whether because contracts are signed recklessly to the detriment of the entity, whether because issues related to the stadium's billion-dollar debt emerge, among others.”

Furthermore, the request considers the fact that Duilio voted, in a CORI meeting in July, against the opening of a procedure in the club's Ethics and Discipline Committee (CED) to investigate the expenses on corporate cards. For the MP-SP, the fact that the former president voted against opening an investigation against himself would constitute a blatant conflict of interest at Corinthians, detrimental to the investigations.

Based on all these circumstances, Conserino states that there is a clear incompatibility between being investigated and being present in deliberative bodies of a sports entity, warning of the risk of the former presidents acting to hinder investigations or even conceal evidence. He uses, to reinforce the argument about this risk, the fact that the MP-SP did not receive the financial documents requested from the club, even after a promise of delivery by financial superintendent Roberto Gavioli.

The request of the precautionary action was for the court to determine the temporary and preliminary removal of Andrés and Duilio from their positions on the Corinthians councils, in addition to ensuring that Augusto could not take part in any similar position – after all, he is not a councilor nor did he join CORI after his precautionary removal in May.

The aim of the injunction was to prevent the former leaders from exercising their votes in the elections on the 25th. However, although the MP-SP's request was made four days before the election at Parque São Jorge, the court did not consider the action in time, a situation that remains until now, with the request still pending.

Former presidents Andrés Sanchez and Augusto Melo released statements regarding the MP-SP's request. Duilio Monteiro Alves chose not to comment. Check out the statements from both below:

Andrés Sanchez

“Andrés Sanchez, through his defense led by lawyer Fernando José da Costa, reaffirms that his performance at the head of Sport Club Corinthians Paulista has always been guided by legality, responsibility, and institutional commitment.

The defense emphasizes that the request made by the Public Prosecutor's Office, regarding the precautionary measure of temporary removal from the Deliberative, Advisory, or any other club councils, does not represent a judgment of guilt, being merely a procedural measure. For this reason, Andrés Sanchez expresses his full confidence in the Justice and the impartial conduct of the investigations.

The former president remains fully available to the competent authorities to provide all necessary clarifications and present all documentation capable of proving the regularity of his management and his performance within the club.”

Augusto Melo

“The defense of former president Augusto Melo clarifies that, although the request made by the Public Prosecutor's Office of the State of São Paulo aims at the removal of some councilors and, indirectly, also intends to reach the name of the former president, it is important to highlight that, on the part of Augusto Melo, there is no objection, resistance or fear regarding such a measure.

Throughout his management at the head of Sport Club Corinthians Paulista, Augusto Melo guided his conduct by transparency and responsibility, to the point of never having used his corporate card. Thus, he understands that any investigation, far from representing any threat, will only reinforce his integrity and demonstrate, unequivocally, that he always acted with care and probity in the administration of the club.

For this reason, he receives with absolute serenity the initiative of the Public Prosecutor's Office, reaffirming that he does not fear any investigation and that he is convinced that the truth of the facts will highlight his correct and responsible stance towards Corinthians and its fans.”

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