PF attested to the integrity of Odebrecht tests annulled by Toffoli

The decision by Minister Dias Toffoli, of the Federal Supreme Court (STF), who annulled Odebrecht’s evidence in Lava Jato, ignored a 321-page report by the Federal Police (PF) that attests to the integrity of data delivered by the company in 2017 to the Federal Public Ministry (MPF), and which contains information about bribery payments to hundreds of denounced politicians, lobbyists and money changers.

In this expertise, the PF technically examined 11 hard disks and two pendrives containing copies of the Drousys and MyWebDay systems, created by Odebrecht and which were stored on servers in Sweden and Switzerland, through which directors managed and recorded payments.

The document was prepared in 2018, at the request of the then judge Sergio Moro, to certify the validity of the evidence presented by the company that supported one of the complaints against President Luiz Inácio Lula da Silva (PT), regarding the donation of land by Odebrecht. , for the Lula Institute. In this process, the petista was accused of corruption and money laundering, but the criminal action was closed this year by Minister Ricardo Lewandowski, now retired, who accepted defense challenges that there was no guarantee of the integrity of the evidence.

For the same reason, Dias Toffoli annulled all evidence extracted from Odebrecht’s systems, extending the decision favorable to Lula to all other defendants or investigated. The minister considered that the transfer of Odebrecht data did not go through the Department of Asset Recovery and International Legal Cooperation (DRCI), linked to the Ministry of Justice, a necessary procedure in international cooperation.

As shown by People’s Gazettean inquiry by the Federal Public Ministry also attested to the approval of the body in the case, which was also hidden by Toffoli in his decision.

In addition to attesting to the integrity and authenticity of the data used in the complaints, the PF expertise also describes how the copies were produced and arrived at the MPF. In March 2017, before Moro approved the leniency agreement, Odebrecht handed over to the MPF a copy of Drousys that was stored on a server in Sweden. In August, the company sent a copy of MyWebDay to the MPF, made by a law firm it hired in Switzerland. Everything was examined in November and December of that year by eight experts from the accounting and IT areas.

They not only checked the data contained in the systems, but also managed to execute them, over the internet, with passwords provided by former Odebrecht directors. To show how it worked and recorded the bribes, they extracted images from screens and attached them to the report, which also included photographs of the servers that stored the data abroad. The entire procedure was monitored by an Odebrecht technician. Company documents, also attached, attested to the transfer of data without alterations.

In a part describing the integrity of the Drousys data contained on four hard drives from Sweden, each with a capacity of 5 terabytes, the experts report that “the contents of the forensic image files present on Disks 01 to 04 are intact”. “It should be noted that these forensic image files were created, as described in Subsection III.1, by the Odebrecht IT team and subsequently delivered to the MPF.”

The analysis of the files stored in Switzerland, copied by the Forensic Risk Alliance Group (FRA), a company contracted by Odebrecht’s law firm in the European country, showed “identical results, indicating that their content is intact”.

“After the verification procedure, it was found that a large part of the content of the files received for examination corresponds to those in the possession of the FRA company. This result makes it possible to conclude that most of the files received are intact and that there has been no change in their content after being sent until the time of the exams”, attests the PF expert report.

In an excerpt below, to clarify some divergences, the experts inform that considering that 1,781,609 hashes were forwarded, the number of nonconformities represents 0.034% of the total number of hashes forwarded, indicating that 99.966% are complete”. “Hash” is a type of cryptographic algorithm used to prove the integrity of data.

ANPR demonstration

This same PF expertise was cited by the National Association of Public Prosecutors (ANPR) in a note released after Toffoli’s decision. The entity also recorded that another expert report, attesting to the quality of Odebrecht’s evidence, was produced by technicians from the Attorney General’s Office (PGR), which was also ignored by Toffoli.

“The entire procedure for delivering and receiving the hard disks containing the systems is documented and attested by technical reports prepared by the Secretariat for Research and Analysis of the Attorney General’s Office (SPPEA/MPF) and by an expert report prepared by the Federal Police (REPORT No 0335/2018 – SETEC/SR/PF/PR), highlighting the mentions made in these reports to the processing of media received from foreign authorities through the DRCI,” said the association.

The note also cites documents that record DRCI’s intermediation in obtaining evidence, within the scope of international cooperation. “The request, formulated on May 17, 2016, was forwarded by the DRCI to the Swiss authorities on June 3, 2016, through Official Letter 3300/2016/CGRA-SNJ-MJ, and, on September 28, 2017 , the DRCI forwarded the response to the request to the MPF (Official Letter 7676/2017/CGRA-DRCI-SNJ-MJ).”

Despite ignoring these documents, Toffoli cited other PF reports linked to the seizure of computers seized with hackers who illegally captured cell phone conversations of Lava Jato prosecutors in 2019. PF experts never attested that the conversations actually took place as they were presented, including in the press, but only confirmed that the content of the messages was not altered after the seizure.