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JBS Holding Company Granted Leniency Agreement

12/26/2023

In 2017, J&F the holding company for JBS SA., agreed to pay a fine of $2.1 billion as a result of alleged corruption implicating the controlling shareholders Joesley and Wesley Batista, sons of the founder.  Subsequently, the company requested the Supreme Court to rescind the fine based on “prosecutorial actions prejudicial to the claimants”.  The fine was suspended by Supreme Court Justice Dias Toffoli in September although the decision was not made public until late December. Justice Toffoli noted, “There is at the very least reasonable doubt as to whether the company adhered to the agreement and that justifies the suspension of payments.”  According to Reuters, Justice Toffoli has also allowed a leniency agreement for Odebrecht, a construction firm, based on evidence of possible collusion between prosecutors and judges.

 

The ruling now allows J&F to renegotiate any penalties and to “correct any abuses”.

Judge Toffoli will obviously have a comfortable retirement.

In Brazil, anything is possible!