Enforcement: domestic bribery
In addition to the Odebrecht case, a relevant case is the Construction Club case, which involves several national and foreign construction companies that are alleged to have participated in a cartel to award infrastructure works (bid rigging). Although this case began as an antitrust case, it is alleged that the companies would have paid bribes to public officials (through third parties) to guarantee the functioning of the cartel.
A preliminary investigation was initiated against the representatives of the construction companies, former public officials of the Ministry of Transports and Communications and those who would have acted as intermediaries to pay bribes. The construction companies were also included in the investigation, as 'civilly responsible third parties' jointly liable for the payment of damages resulting from the crimes committed by their legal representatives. In addition, the Corporate Supra-provincial Prosecutor's Office Specialised in the Criminal Corruption of Public Officials has requested the incorporation of the construction companies in the investigation as 'entities subject to accessory consequences'. Although the construction companies cannot be held liable for the offences under investigation (since they occurred before the entry into force of Law No. 30,424), they could receive accessory measures, such as the closure of establishments, suspension of activities and fines). The judge ordered the incorporation of the construction companies to the process in November 2019 and, after an appeal filed by some of them against the decision; the court confirmed it on February 2020.
Another relevant case, related to the Odebrecht case, is the discovery of front companies that would have been used to receive the money from Odebrecht so that the company had cash in Peru to pay bribes. A judge ordered the preliminary detention of the owner of such companies and the raid of his properties.
Another relevant case is the White Collars of the Port case, which arose from a disclosure of recordings of lawful telephone interceptions obtained within a previous investigation linked to organised crime (for crimes such as drug trafficking) that involved judges and prosecutors. The audios revealed that counsellors of the extinct National Magistracy Council, a former Supreme Court judge and even businesspersons were involved in a series of alleged acts of corruption, influence peddling and other related crimes. Indeed, there were plenty of indications that justice operators – including the highest authorities – favoured third parties in exchange of personal benefits, to the detriment of the public interest.
Enforcement: foreign bribery and associated offences
There is no information available on actual prosecutions or convictions for foreign bribery.