The operator is accused of offering undue advantages to public officials.
The Federal Comptroller General fined the Vivo (VIVT3 / VIVT4) in R $ 45.7 million for corruption, by distributing tickets for the 2014 World Cup to public officials free of charge.
Minister Wagner de Campos Rosário’s decision was published on Friday, 16, in the Federal Official Gazette.
The operator would have distributed more than 100 tickets to influence deputies, inspectors, authorities and other members of the government so that they “open doors” in the country for the operator.
The practice is considered to offer undue advantages to public administration employees, which directly violates the 5th article of the Companies Anti-Corruption Law.
The amount of the fine corresponds to 0.1% of Vivo’s gross revenue in 2018, excluding taxes.
In addition to the payment of the fine, the company must also arrange for the publication of the CGU sanction in an edition of one of the four newspapers with the largest circulation and national circulation.
In addition, the statement of the decision must also be posted at the main pedestrian entrances at Vivo’s headquarters and on its website, during the 30-day period.
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In May last year, the operator had already been fined by the United States Securities and Exchange Commission $ 4.1 million (about R $ 16 million, at the time) for the same complaint.
The company paid the fine to close the matter, but did not admit or deny the charges.
In a note, Vivo stated that “it develops and implements initiatives to ensure the continuous improvement of its compliance program, through an organizational and governance structure that guarantees a performance based on ethics, transparency and respect for applicable laws and regulations”.
[ATUALIZAÇÃO – 16/10/2020 16h49]:
Telefônica / Vivo issued a statement reinforcing that the “action took place in the context of the Company’s marketing and institutional promotion actions carried out in 2014.”.
To clarify the issue, the operator issued the following relevant fact to the market:
Telefônica Brasil SA (“Company” or “Telefônica Brasil”), in the form and for the purposes of CVM Instruction 358/2002 (“ICVM 358”), as amended, communicates to its shareholders and the market that, on this date , was sanctioned administratively by the Comptroller General of the Union (“CGU”), for the delivery of tickets for the 2014 Men’s Soccer World Cup games to public agents, which took place in the context of the Company’s marketing and institutional promotion actions in 2014, but considered by CGU to be incompatible with the terms of article 5, item I, of Law 12.846 / 2013, due to strict legal liability.
Considering the elements analyzed by CGU in the administrative process, including, among others, the absence of damage to the public administration, the non-identification of benefits obtained or intended by the Company due to the tickets offered, its degree of cooperation and high degree of maturity of its own compliance program, said sanction remained established by CGU at the minimum legal level provided for in article 6, item I, of Law 12.846 / 2013, that is, in an amount equivalent to 0.1% (one tenth percent) of gross revenue of the Company in the year prior to the initiation of said administrative proceeding, which totals R $ 45,747,320.63.
The Company develops and implements initiatives to ensure the continuous improvement of its compliance program, through an organizational and governance structure that guarantees a performance based on ethics, transparency and respect for applicable laws and regulations.
With information from Estadão and UOL.