The Superintendency of Industry and Commerce did not find merit to modify any of the decisions and sanctions for $ 295,000 million filed in December 2020.
The Superintendency of Industry and Commerce confirmed the sanctions for $ 295,000 million that it issued against Odebrecht and its partners in the case of bribes in the Ruta del Sol 2 concession. The entity indicated that it did not find “merit to modify any of the decisions and sanctions adopted on last December 28, 2020 ”.
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In this way, the fines against the ten involved were as follows:
- Constructora Norberto Odebrecht SA: $ 87,780 million
- Odebrecht Participações E Investimentos SA (jointly with Odebrecht): $ 87,780 million
- Corporación Financiera Colombiana SA (Corficolombiana): $ 55,564 million
- Estudios Y Proyectos Del Sol SAS (Episol): $ 33,826 million
- Ruta Del Sol SAS Concessionaire: $ 221 million
- Gabriel Ignacio García Morales (former Deputy Minister of Transportation): $ 26,349 million, but was exonerated from 100% of the penalty for the collaboration benefits program.
- Luiz Antonio Bueno Junior (Odebrecht): $ 1,755 million
- Luiz Antonio Mameri (Odebrecht): $ 1,228 million
- Yezid Augusto Arocha Alarcón (Odebrecht): $ 185,512 million
- José Elias Melo Acosta (Corficolombiana): $ 393 million
In December 2020, the SIC determined that those sanctioned devised and deployed a restrictive system of free competition to award and execute the Ruta del Sol 2 contract.
This illegal scheme, “in a first phase, included an anti-competitive agreement that allowed them to guarantee the award of Concession Contract No. 001 of 2010 in favor of the concessionaire.” And, in a second phase, “it consisted of a dynamic of irregular reimbursements and payments, which materialized through the instrumentalization of different contracts, which allowed them to divide the costs derived from the payment of the anticompetitive agreement and, concomitantly, to deploy a compensation strategy through a contractual addition, ”the SIC said in a statement in December 2020.
That is, they not only made the contract at the point of bribes, but they paid these from additions that they made to the contract awarded to them by the Instituto Nacional de Vías (Invías), which at that time was in charge of the vice minister of Transportation Gabriel García Morales. In the SIC ruling, García Morales was also sanctioned along with Luiz Antonio Bueno Júnior (former president of Odebrecht for Colombia), Luiz Antonio Mameri (former head of Odebrecht for Latin America), Yezid Arocha (legal officer of Odebrecht in Colombia) and José Elías Melo ( former president of Corficolombiana and the only high profile convicted in criminal justice).
After confirming the sanction, the SIC reported that “as findings have been made in criminal matters in the course of the investigation, copies of the case file of the” Ruta del Sol II “case will be certified to the Office of the Attorney General of the Nation for its competence in matters of economic, electoral and / or other crimes that are warned by the accusing entity ”.
And that “in attention to the payment of bribes and other contributions not declared and that were proven by this Authority in the framework of its investigation, and when bank accounts and international funds used to defraud the law – transnational bribery – are identified, the transfer of the file with the Superintendency of Companies, in accordance with the provisions of Law 1778 of 2016 ”.
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