case 1:14-cv-09662-jsr document 438 filed 02/03/16 page 1 ... · b. prior to the facts revealed by...

Case 1:14-cv-09662-JSR Document 438 Filed 02/03/16 of 12

SCHEDULE A

DEFINITIONS

1. “Cartel Members” includes A.P. Møller - Mærsk A/S, Alstom S.A., Alusa

Engenharia S.A., Andrade Gutierrez S.A., Astromarítima Navegação S.A., Carioca Christiani

Nielsen Engenharia S.A., Construcap - CCPS Engenharia e Comércio S.A., Construções e

Comércio Camargo Corrêa, Construtora OAS S.A., Construtora Queiroz Galvão S.A., Delta

Construções Civil S.A., Egesa Engenharia S.A., Engevix Engenharia S.A., Ensco plc, Fidens

Engenharia S.A., Galvão Engenharia S.A., GDK S.A., Grupo Odebrecht S.A. (including

Odebrecht Óleo e Gás S.A., Odebrecht Ambiental S.A., Construtora Norberto Odebrecht S.A,

and Odebrecht Participações e Engenharia S.A.), Grupo Promon S.A., IESA Projeto, Equip. e

Montagens S.A., Jaraguá Engenharia e Instalações Industriais Ltda., Keppel Fels & Jurong,

Mendes Junior Engenharia S.A., MPE Montagens e Projetos Especiais S.A., Saipem S.p.A.,

Samsung Heavy Industries Co., Ltd, Sanko-Sider S.A., SBM Offshore NV, Schahin Engenharia

S.A., Setal Engenharia e Construções S.A., Skanska AB, SOG Óleo e Gás S.A., Techint

Engenharia e Construção S.A., Tomé Engenharia e Transportes Ltda., Toyo Setal

Empreendimentos Ltda., UTC Engenharia S.A., and Vantage Drilling Company.

2. “Communication” means the transmission of data, information or ideas, whether

orally, in writing, or via electronic media.

3. “Concerning” means relating to, referring to, in connection with, pertaining to,

describing, reflecting, discussing, analyzing, summarizing, evidencing, embodying, or

constituting.

4. “Identify” or “Identification” means to specify, list, enumerate, catalog, classify,

mark or name, and, with respect to a Person (defined below), provide his or her full name and

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any entity affiliation, position, date of employment, and the last known business and/or

residential address.

5. “Person” or “Persons” refers to natural persons, proprietorships, governmental

agencies, corporations, partnerships, trusts, joint ventures, groups, associations, organizations

and all other forms of business entities.

6. “Petrobras” means Petróleo Brasileiro S.A.—Petrobras; Petrobras Global Finance

B.V.; Petrobras International Finance Company S.A.; and Petrobras America Inc., and each of

their present and former officers, directors, committees, employees, partners, corporate parents,

predecessors, successors, subsidiaries, affiliates, divisions, branch offices, agents,

representatives, and all other persons acting, or purporting to act, on behalf of any of the

foregoing.

RELEVANT TIME PERIOD

Unless otherwise indicated, the time period covered by these Questions is January 1,

2000 to the present.

QUESTIONS

1. Are you aware of any payments (including but not limited to bribes, kickbacks or

payments in exchange for the awarding of contracts with Petrobras) made by Cartel Members,

either directly or indirectly, to (i) Petrobras; (ii) any person acting on behalf of Petrobras (and

their immediate family members); and (iii) Alberto Youssef, Bernardo Schiller Freiburghaus,

Fernando Antônio Falcão Soares (a.k.a. Fernando Baiano), Júlio Gerin Camargo and Júlio

Faerman?

a. If so, for each of these payments please identify or explain:

i. The payment;

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ii. The approximate date of when the payment was made;

iii. The amount of the payment;

iv. How and where the payment was made;

v. All Persons involved with the payment, both at Petrobras and the

Cartel Members; and

vi. Any other details concerning the payment.

2. Are you aware of any payments of bribes or kickbacks, or payments in exchange

for the awarding of contracts with Petrobras, made by any Cartel Member, directly or indirectly,

to any Brazilian political party through Alberto Youssef, Bernardo Schiller Freiburghaus,

Fernando Antônio Falcão Soares (a.k.a. Fernando Baiano), Júlio Gerin Camargo and Júlio

Faerman, or any other individual?

a. If so, for each of these payments please identify or explain:

i. The payment;

ii. The approximate date of when the payment was made;

iii. The amount of the payment;

iv. How and where the payment was made;

v. All Persons involved with the payment, including at Petrobras, the

Cartel Members, and the political party; and

vi. Any other details concerning the payment.

3. Are you aware of any meetings where any payments identified in response to

Question 1 or 2 above were discussed?

a. If so, for each meeting please identify or explain:

i. When and where the meeting took place;

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ii. Who was present;

iii. What was discussed; and

iv. Any other details concerning the meeting.

4. Are you aware of the process by which Cartel Members were awarded contracts

with Petrobras:

a. If so, please identify or explain:

i. How it was determined which Cartel Member would be awarded a

Petrobras contract;

ii. Any Person at Petrobras with which a Cartel Member communicated to

discuss contracts with Petrobras and the bids for such contracts; and

iii. How the winning bid was selected.

5. Are you aware of any Communications between (i) Petrobras and any Cartel

Member; or (ii) Petrobras and Alberto Youssef, Bernardo Schiller Freiburghaus, Fernando

Antônio Falcão Soares (a.k.a. Fernando Baiano), Júlio Gerin Camargo and Júlio Faerman or any

member of a political party; (iii) Cartel Members and Alberto Youssef, Bernardo Schiller

Freiburghaus, Fernando Antônio Falcão Soares (a.k.a. Fernando Baiano), Júlio Gerin Camargo

and Júlio Faerman or any member of a political party regarding any payments identified in

response to Question 1 or 2 above?

a. If so, please identify or explain:

i. The Persons involved in any such Communications;

ii. The date of any such Communications; and

iii. The content of any such Communications.

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SCHEDULE B

DEFENDANTS’ CROSS EXAMINATION QUESTIONS FOR FERNANDO DE CASTRO SÁ

1. When were you hired by Petrobras?

a. How long have you worked at Petrobras? b. Are you currently employed by Petrobras? c. What is your current position? d. What positions have you held? e. Did you know Paulo Roberto Costa? f. At some point, did you work with Paulo Roberto Costa? g. For how long?

2. Referring to page 14 of your testimony to the Tribunal Regional Federal da 4a Região

(Exhibit 1) that states: “Não, o que me consta é que a gente estava tendo no momento, o que me foi colocado pelo diretor Paulo na época, que havia um acréscimo na demanda de diesel, essa refinaria era uma refinaria muito voltada pra produção desse produto e que isso estava de acordo com uma previsão de mercado que existia, além do que esse era um projeto que estava sendo incluído no PAC”,

a. Was that testimony truthful and accurate? b. Were you referring to Abreu e Lima? c. Was Abreu e Lima going to be capable of producing diesel fuel? d. At the time, was the Abreu e Lima important to Petrobras’s plans to expand diesel

fuel production?

3. Referring to page 58 of your testimony to the Comissão Parlamentar de Inquérito-Petrobras (CPI) (Exhibit 2) that states: “A Sr. Deputada Eliziane Game: O senhor ouvi comentários entre os funcionários e diretores da própria PETROBRAS referentes à questão do pagamento de propina, do aumento do aditivo, do superfaturamento em algumas obras? O Sr. Fernando de Castro Sá: Nunca ouvi”,

a. Was that testimony truthful and accurate? b. Is it correct that you never heard Paulo Roberto Costa discuss the bribery and

kickback scheme?

4. Referring to page 70 of your testimony to the CPI (Exhibit 2) that states: “[E]u nunca imaginei que a coisa fosse essa”,

a. Was that testimony truthful and accurate? b. Were you referring to the bribery and kickback scheme? c. Before the public announcement of it by Lava Jato, did you learn that certain

managers were engaged in a bribery and kickback scheme?


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5. Referring to page 70 of your testimony to the CPI (Exhibit 2) that states: “O dia em que eu

fui informado de que o Diretor Paulo Roberto foi preso, eu achava que era simplesmente por uma questão de alguma remessa indevida de dólar para o exterior”,

a. Was that testimony truthful and accurate? b. Prior to the facts revealed by the Lava Jato investigation, did you know that Paulo

Roberto Costa’s arrest was related to a political bribery scheme with Petrobras contractors?

6. Referring to page 33 of your testimony to the CPI (Exhibit 2) that states: “[E]u não

participava das reuniões com a ABEMI”, a. Was that testimony truthful and accurate?


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SCHEDULE C

LEAD PLAINTIFF’S RE-DIRECT QUESTIONS FOR FERNANDO DE CASTRO SÁ

1. Did you communicate with any person or persons regarding this deposition?

a. If yes, who? b. If yes, when? c. If yes, what did you discuss?

2. Are Exhibits A–B true and accurate copies of your statements before the Comissão Parlamentar de Inquérito–Petrobras and Tribunal Regional Federal?

a. If no, identify which Exhibit or Exhibits are not true and accurate copies of your statements.

3. Were your prior statements, attached hereto as Exhibits A–B, truthful and accurate? 4. Is there any part of your prior statements, attached hereto as Exhibits A–B that you disavow?

a. If yes, which statements? b. If yes, why do you disavow such statements?


SCHEDULE D

DEFENDANTS’ RE-CROSS EXAMINATION QUESTIONS FOR FERNANDO DE CASTRO SÁ

1. Referring to pages 22 through 23 of your testimony to the CPI-Petrobras (Exhibit A) that

state: “Como a gente passou a ter um grau de competitividade muito grande, se você fizer uma análise dos contratos de serviço, os preços começaram a cair nas licitações”,

a. Was that testimony truthful and accurate? b. Is it correct that a number of companies had difficulty fulfilling their contracts as a

result of the drop in prices in connection with contract tenders?

2. Referring to page 41 of your testimony to the CPI-Petrobras (Exhibit A) that states: “O que eu posso dizer para o senhor é que, por exemplo, eu nunca sofri nenhum pedido de cometimento de um ato ilegal pela Diretoria de Abastecimento, por exemplo. Nunca me foi pedido isso”,

a. Was that testimony truthful and accurate? b. Members of Petrobras’ Executive Board never asked you to commit an illegal act,

correct?

3. Referring to page 58 of your testimony to the CPI-Petrobras (Exhibit A) where, in response to Deputy Eliziane Gama’s question “O senhor ouvia comentários entre os funcionários e diretores da própria PETROBRAS referentes à questão do pagamento de propina, do aumento do aditivo, do superfaturamento em algumas obras?,” you state, “Nunca ouvi”,

a. Was that testimony truthful and accurate? b. Is it correct that prior to Lava Jato, you never heard about the payment of kickbacks?


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