São Paulo prosecutors appeal ruling on Sanchez, Gavioli charges | OneFootball

The São Paulo Public Prosecutor’s Office (MP-SP) has appealed the court’s decision that rejected the second complaint against former Corinthians president Andrés Sanchez and former financial director Roberto Gavioli. The accusation points to alleged crimes of money laundering and tax violations related to the use of the club’s corporate card. Judge Márcia Mayumi Okoda Oshiro had dismissed the complaint last week, citing lack of just cause.

In its statement, which Central do Timão had access to, the MP claims that the case is not limited to embezzlement, also pointing to evidence of money laundering and tax crimes, as well as possible ideological falsehood. Prosecutor Cássio Roberto Conserino argues that the complaint should be accepted to enable the “proper and essential criminal prosecution.”

Photo: © Daniel Augusto Jr. / Ag. Corinthians

Initially, the document argues that the actions attributed to Andrés Sanchez cannot be classified solely as consummated embezzlement. According to the MP, the purchases made with the corporate card were registered in Andrés’s name, and not in Corinthians’s, which would, in theory, be the legitimate party responsible for the payments and owner of the goods purchased at stores such as Open Box 2 and Fast Shop, which are included in the investigation.

Furthermore, the Public Prosecutor’s Office points out that several invoices from these establishments were allegedly issued in the name of Áurea Andrade Ramacciotti, a personal friend of Andrés, as stated by her in interviews.

“From the moment ANDRÉS ventured into another factual segment consisting of requesting invoices in his own name or in the name of third parties, disregarding that the amounts paid for the product/service belonged to SCCP, we are facing concealment of the true owner of the product/service and disguise of the origin and ownership of the amounts used for the acquisition of the product/service, activities typically compatible with the crime of money laundering,” said the prosecution.

The MP argues that these are two distinct facts that should be judged in the same process. The first would be embezzlement, characterized by the use of the corporate card, and the second would be the alleged issuance of invoices in the names of third parties by Andrés Sanchez, conduct that would constitute the crime of money laundering. The prosecution also emphasizes that it is not necessary to go through all the stages of the crime for its characterization, with simple concealment or disguise of the amounts being sufficient to substantiate the complaint regarding this offense.

The appeal filed by the Public Prosecutor’s Office also points to alleged flaws in Judge Márcia Mayumi Okoda Oshiro’s conduct, claiming that her actions violated principles of impartiality. According to the document, the judge allowed a reply to be created for the defense even before the complaint was accepted, which, in the MP’s view, constitutes a procedure outside the legal process provided for in the Judiciary.

In summary, the Public Prosecutor’s Office requests the reconsideration and acceptance of the complaint for the crimes of money laundering and tax violations, the annulment of the decisions rendered by the judge, including her removal and replacement in the case, as well as the continuation of the criminal action against Andrés Sanchez and Roberto Gavioli. The analysis of the request will be handled by the 8th Criminal Chamber of the São Paulo Court of Justice.

Contacted by the report, Andrés Sanchez’s defense issued an official statement:

“The law firm Fernando José da Costa – Advogados, which represents Andrés Sanchez, informs that the proceedings are confidential, but that the defense will present counterarguments to the Public Prosecutor’s appeal as soon as it is notified. Furthermore, the allegation of suspicion also refers to a procedure under confidentiality.

In any case, respecting judicial confidentiality, the grounds for the decision are the same as those that also rejected the first complaint for money laundering and tax crime. That is, the Public Prosecutor selects other expenses, which not even Corinthians itself has requested reimbursement for so far, and files a second complaint, accusing money laundering and crimes against the tax order. Thus, the rejection of this second complaint is consistent with the court’s understanding regarding the non-configuration of the crimes of money laundering and against the tax order.”

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