Judge Solange Salgado da Silva, of TRF-1 (Federal Regional Court for the First District) decided on Friday (28) that Daniel Forcaro, owner of Banco Master, should be monitored with an electronic ankle bracelet after his release. He has been in prison since the 17th of this month, when he was preparing to board a flight abroad.
The judge explained that the suspicions regarding Forcaro were serious, but noted that the use of an ankle bracelet and other precautionary measures were sufficient. According to lawyer Pierpaolo Bottini, the banker’s release should take place on Saturday (29).
“Although the seriousness of the facts and the large sum of money involved are undeniable, replacing imprisonment with a set of strong precautionary measures (…) appears to be sufficient currently to protect the social environment, prevent the possibility of recurrence of the crime, guarantee the economic order, ensure the regular continuation of criminal prosecution and reduce the risk of escape,” the judge wrote.
Forcaro was arrested at Guarulhos Airport (SP) when he was heading to Dubai. When determining the release, the judge stated that the banker had proven that he had previously informed the Central Bank that he would travel to the United Arab Emirates, with the aim of meeting with businessmen interested in purchasing the Master.
“Thus, it appears that the remaining risk of evasion from the area of guilt can be controlled by a less difficult procedure, consisting of surrendering and retaining the passport(s), demonstrating that this procedure is appropriate and proportionate.”
Last week, the same judge had deprived Forcaro of his freedom. The team of lawyers formed by Pierpaolo Bottini, Roberto Podval, Walfredo Warda, and Sergio Leonardo, among others, asked to reconsider the decision.
The decision taken on Friday extended the release of Augusto Lima, Luiz Antonio Paul, Alberto Velez de Oliveira and Angelo Antonio Ribeiro da Silva, who are also under investigation.
The judge ordered Forcaro and the others to be monitored using an electronic ankle monitor and prohibited them from contacting each other, with witnesses in the case and with employees and former employees of Master and BRB (Brasilia Bank). Furthermore, they were suspended from activities of a financial nature and their passports were seized.
Operation Zero Compliance, implemented by the Federal Police, aims to combat the issuance of fake credit bonds by financial institutions that are part of the national financial system. According to investigations, BRB paid Master 12.2 billion reais in operations of this type.
Federal police officers issued five preventive arrest warrants, two provisional arrest warrants, and 25 search and seizure warrants, as well as various precautionary imprisonment measures, in the states of Rio de Janeiro, São Paulo, Minas Gerais, Bahia, and the Federal District.
In addition to Forcaro, other investigated beneficiaries of the decision are Augusto Lima, former banking partner at Master, Luiz Antonio Paul, risk manager of the bank, Alberto Felix de Oliveira Neto, executive supervisor of treasury, and Angelo Antonio Ribeiro da Silva, partner at Master.
The judge responsible for analyzing the release request confirmed that there are elements for preventive detention of suspects. At the time, the first instance judge indicated that they might conceal evidence or use financial resources to make it difficult to investigate crimes.
In determining freedom, the judge emphasized that “the crimes charged against the patient (Forcaro) do not involve violence or a serious threat to the person,” which would reduce the need for imprisonment.
He added: “Furthermore, there is no evidence of perceived seriousness or current danger to public order that would justify, exceptionally, the maintenance of the maximum degree of preventive detention.”