Former Pemex CEO Emilio Lozoya was directly implicated in the Odebrecht bribery scandal. According to one of the unsealed plea bargain agreements being reviewed by Brazil’s Supreme Federal Tribunal (STF), Lozoya was paid US$ 5.0 million in November 2014 “as a counterpart to undue benefits obtained by Odebrecht.”
In the STF document dated April 4, 2017, Hilberto Mascarenhas, the head of Odebrecht’s “Structured Operations” section, which handled all the bribe payments, said he was directed to make the payment to Lozoya, and that the bribe “was solicited” during a meeting held with Odebrecht’s Mexico head.
As reported by El Economista,
Lozoya denied having anything to do with the supposed bribes paid by Odebrecht. It has not yet been clarified if it was Lozoya himself who solicited the bribe, or someone acting on his behalf, or whether the bribe was actually paid.
Lozoya, who led Pemex from the end of 2012 to February 2016, warned: ‘I reserve the right to take legal action against those who slander me without any legal basis.’
Pemex has not commented on the Lozoya allegations.
Odebrecht has confessed to paying Mexican officials a total of US$10.5 million between 2010 and 2014, a time frame spanning both the Calderón and Peña Nieto governments. No other names of alleged bribe recipients have been disclosed.
According to columnist Ana Paula Ordorica, the Pemex board of directors opened investigations into three issues that occurred when Emilio Lozoya was head of the state oil company: contracts with the Brazilian contractor Odebrecht, the purchase of two fertilizer companies, and the acquisition of nine aircraft.
Lozoya, a close personal friend of Enrique Peña Nieto, was CEO of Pemex from the beginning of the EPN government in Dec. 2012 to Feb. 2016.
Odebrecht has confessed to paying US$10.5 million in bribes to Pemex officials, during both the Calderón and EPN governments. (The Odebrecht contracts have been put under seal.) Little apparent progress has been made by Mexican authorities in pursuing a corruption case that was handed them on a silver platter.
In Jan. 2014 and Jan. 2016, Pemex inexplicably purchased two fertilizer manufacturing companies for a total of US$730 million, for reasons that have never been explained adequately. (The documents justifying the purchase were also placed under seal for 12 years.) In January 2017, the company hired UBS to sell the money-losing operations.
Finally, Pemex purchased 5 airplanes and 4 helicopters while Lozoya was CEO for almost US$100 million “to strengthen Pemex’s operational capabilities.” However, according the audits of the company, at least four of the aircraft were never entered as assets in the company’s books, and they appear to have been used for personal purposes.
Attorney General Raul Cervantes flew to Brazil to meet with prosecutors there, seeking more information about the corrupt activities of Odebrecht, the Brazilian contractor, in Mexico. While the Odebrecht scandals have led to major investigations in Peru and Colombia, in addition to Brazil, the interest to date of the Mexican authorities has been minimal. This despite the very clear description included in Odebrecht’s plea bargain with the U.S. Department of Justice that was made public by DOJ in December:
On Saturday, President Felipe Calderón announced a cabinet reshuffle, with an eye to the 2012 election. Juan Molinar Horcasitas, one of Calderón’s closest political advisers, resigned as Secretary of Communications and Transportation in order “to participate intensively in political-party work that is important for the life of the country” according to the President’s statement. He is being replaced by Dionisio Pérez-Jácome, who has been Undersecretary of Finance for Expenditures and who also briefly served as presidential chief of staff.
Molinar’s record as head of SCT was not stellar. The ministry continued to be bedeviled by technical problems in executing the government’s ambitious transportation infrastructure program. And little headway was made in the area of telecommunications policy, where the award of a large bloc of wireless spectrum to a Nextel-Televisa consortium was drowned in a sea of lawsuits and the withdrawal of Televisa.
The President also named congressman Roberto Gil Zuarth as his new private secretary, replacing Luis Felipe Bravo Mena. Gil Zuarth had been widely seen as the President’s preferred candidate to take over the PAN in the party’s recent election of a new leader (an election won by Senator Gustavo Madero). Bravo Mena is returning to the private sector.
As noted by El Universal’s Bajo Reserva column: “Inside and outside his party, the PAN, the reading [of the changes] was the same: it is a signal that Calderón is not packing his bags and ready to give up power, perhaps to a political adversary. [The appointments] announced yesterday were a demonstration that he will give battle to everyone, including those within his own party.”
Georgina Kessel moves from Secretary of Energy to the President of Banobras, the development bank. She replaces Alonso García Tamés, who returns to the private sector.
José Antonio Meade, Undersecretary of Finance, becomes the new Secretary of Energy. Meade becomes the last of the senior level technocratic ‘old guard’ of the Ministry of Finance to leave, a process that started with the appointment of Ernesto Cordero as Finance Secretary in December 2009.
In a rare use of his veto power, President Felipe Calderón vetoed a change in corporate law that would have allowed for single shareholder corporate entitities. The President vetoed the measure not because he opposed the substance, but because the legislation that emerged from Congress created a new category of entity, with special rules, rather than just eliminating the requirement for more than one shareholder. “The Federal Executive power under my command has stated that it is in favor of a minimal regulation that gives agility to the mechanisms for setting up and operating companies; the legislation does not do this,” he said in his veto statement. The measure was originally submitted to Congress in March 2008 by the PAN and PRI and was quickly passed by the Senate, but has languished and been modified in the Chamber of Deputies. Congress can change the draft law based on the President’s observations, let the veto stand, or try to override the veto with a two-thirds majority. (Reforma 11/9)
Posted in Economy
Less than two weeks after President Calderón declared that “the prestige of all three levels of government depends on the rescue of Ciudad Juárez,” the slaughter Friday night of 14 youths at a birthday party underscored the inability of the authorities to bring order to Mexico’s most violent city, where at least 2,421 persons have died this year.
The outgoing mayor of Juárez, José Reyes Ferriz, (and who lives in El Paso) gave an interview to Proceso just before leaving office in which he summarized the tally from his three years in office:
“7,000 dead, including 190 police officers; 10,000 orphans; 250,000 people who have emigrated from the city because of the violence; 10,000 businesses closed; 130,000 jobs lost; 25,000 homes abandoned; and 80,000 addicts. (Reforma 10/26)
Meanwhile in Tijuana, recently celebrated for a modest decrease in killings, the murder of at least 13 persons at a drug rehab clinic Sunday is being viewed as revenge for the much publicized seizure and destruction of marijuana by forces under the command of police chief Col. Julián Leyzaola Pérez. Messages broadcast on the police band said, “Remember there were 135 tons; there will be more dead.” (Reforma 10/26)
Supreme Court Minister Olga Sánchez Cordero ordered the suspension of the presidential decree issued on Sept. 2 that would have accelerated the transition to digital TV in Mexico to 2015 from 2021. Sánchez was acting on a petition by the Congress to rule on the constitutional issues. Speaking at a business forum, President Calderón said, “We are pushing forward, with determination, and despite the resistance, for the transition to digital television in Mexico, in order to … give higher quality and more options to consumers.” The full court could take many months before ruling on the substance of the constitutional controversy. (Reforma 10/26)