The Tribunal Regional Federal of the 1st Região (TRF-1) determined, this Friday (28), the release of the controller of the Banco Master, The decision was handed down by judge Solange Salgado of Silva.
The five investigated will leave prison, but will have to wear an electronic ankle bracelet and comply with precautionary measures alternative to preventive detention. The order reaches Vorcaro and the executives Augusto Ferreira Lima, Luiz Antônio Bull, Alberto Felix of Oliveira Neto and Ângelo Antônio Ribeiro of Silva.
The measure occurs 11 days after the launch of Operação Compliance Zero, which investigates fraud in the sale of securities to Banco of Brasília (BRB).
Court decision and measures imposed
The judge considered that the alternative measures were sufficient to guarantee the investigation. Ela highlighted the seriousness of the facts and the financial volume involved, estimated at billions of reais.
Those released are prohibited from having contact with each other or with employees and former employees of Banco Master and BRB. The restriction also applies to communication via telephone, internet or intermediaries.
- Final delivery of passports to Justiça
- Periodic appearance in court
- Prohibition on leaving the municipality of residence without judicial authorization
- Mandatory use of electronic ankle bracelet
Trajectory of Vorcaro’s arrest
Daniel Vorcaro was arrested on November 17th on Aeroporto of Inicialmente, was detained at the superintendence of Polícia Federal in São Paulo.
On November 24th, he was transferred to Centro from Detenção Provisória 2 from Guarulhos. The other executives were also arrested since the police operation.
Vorcaro’s defense appealed in three simultaneous instances: TRF-1, STJ and STF. The habeas corpus granted by TRF-1 was the first to be successful.
Operation Compliance Zero and liquidation of the bank
Polícia Federal investigates the sale of allegedly false credit securities to BRB, a bank controlled by Governo of Distrito Federal. The scheme would have generated around R$12 billion.
Banco Master promised profitability of up to 40% above the market through CDBs. The PF points out that the returns were incompatible with the institution’s financial reality.
On the same day of the operation, Banco Central decreed the extrajudicial liquidation of Banco Master and determined the unavailability of the assets of the controllers and former administrators.
Appeals still pending in other courts
The defense of Daniel Vorcaro maintains shares in Superior Tribunal of Justiça and in Supremo Tribunal Federal. At the STJ, he alleges a lack of concrete grounds for the arrest.
In the STF, the argument is that the 10th Vara Federal of Brasília would not have the power to order the arrest. Minister Dias Toffoli is the rapporteur of the request, with no date for judgment yet.
Current situation of those investigated
With the decision of the TRF-1, the five executives will leave their places of detention in the next few days, after installing the ankle bracelets. Electronic monitoring will be coordinated by the federal justice system.
The investigation into Operação Compliance Zero remains ongoing in the 10th Vara Federal of Brasília. Outros investigated still remain in preventive detention.
Banco Master continues in an extrajudicial liquidation process led by Banco Central, with no prospect of resuming activities.