Gaeco investigates diversion of R$ 36.9 million from charitable entities in Paraná

An investigation into the possible diversion of millions of reais that should benefit hospitals and healthcare institutions mobilized the Special Action Group to Combat Organized Crime (Gaeco), of the Prosecutor's Office of Paraná (MPPR), on Monday (26). Baptized Operation Samaritan, the action resulted in the fulfillment of 17 search and seizure warrants and seeks to clarify suspicions of financial irregularities that can reach R$ 36.9 million.

The teams carried out diligences in Maringá, Londrina and Ibiporã, in the Paraná, in addition to the cities of São Paulo and Itupeva, in the state of São Paulo. The measures were authorized by the 3rd Criminal Court of Londrina, which also determined property restrictions related to those investigated.

The case involves a company responsible for the distribution of capitalization securities in the philanthropic modality. According to the suspicions investigated by the Public Prosecutor’s Office, part of the funds raised, which should have reached the beneficiary institutions, was irregularly retained through financial transactions and business contracts.

Among the entities identified as possible victims are the National Federation of Apaes (Fenapaes), the Santa Casa Brotherhood of Londrina and the Hospital do Câncer of Londrina.

Suspects involve fictitious expenses and front companies

The calculations began in 2021 and identified possible inconsistencies in the accounting of a distributor of securities of capitalization installed in Londrina.

Until 2019, the company was active in the marketing of securities linked to collection campaigns for Fenapaes. In this model, the distributor received the resources and presented the operating costs that would be deducted from the values destined to the institution.

However, the researchers found indications that certain expenses could have been manipulated to artificially reduce the transfers to the care entities.

Among the practices under investigation are the issuance of unproven tax notes of the corresponding services, the repetition of financial documents and the launching of expenses related to other companies of the same group.

There are also suspicions that people connected to the distributor used companies registered on behalf of employees and business partners to justify payments and amplify the gains obtained from the operation.

Changes in the rules would have led to the adaptation of the scheme

A change in industry regulation, implemented starting in 2020, has changed the way philanthropic capitalization securities resources should reach institutions.

With the new requirements, the amounts destined for the entities were deposited directly by the capitalisation companies in the accounts of the beneficiaries.

According to the investigation, however, there are indications that those involved have found another way to move the money, using contracts related to sales promotion.

This mode of hiring would have allowed the continuity of financial transfers to the companies investigated, even after the change in the rules.

Hospitals moved almost R$ 37 million in transfers investigated

Financial surveys identified significant payments made by two hospital institutions in Londrina.

Between March 2020 and May 2022, the Brotherhood Santa Casa of Londrina transferred approximately R$ 33.16 million to the investigated distributor.

In the case of the Londrina Cancer Hospital, the transfers reached about R$ 3.75 million, considering the period between July 2020 and April 2021.

The documentation analyzed by the researchers also points out that similar operations may have continued after these periods, involving successor companies that began to act with another commercial identification. There are records that indicate the possible maintenance of these activities until at least 2024.

The Public Prosecutor’s Office seeks to determine whether the transferred amounts correspond to services actually provided or whether they were used to unduly benefit those involved.

Real Estate and Luxury Vehicles Enter Investigation

Another front of Operation Samaritan seeks to identify the fate of the money moved by the companies.

The suspicion is that part of the resources were directed to the acquisition of assets through companies formally registered on behalf of family members of the distributor's partners.

Real estate and high-end vehicles are among the assets whose financial origin is analyzed.

As part of the precautionary measures, the Court authorized the seizure of real estate and the blocking of financial resources up to the limit of R$ 36,913,661.48, an amount corresponding to the estimated loss in the investigation.

Possible crimes investigated include misappropriation, stelionato against charities, ideological falsehood and money laundering.

The MPPR highlights that the commercialization of philanthropic capitalization securities is allowed by Brazilian legislation and supervised by the Superintendence of Private Insurance (SUSEP). Therefore, the investigation does not question the legality of the activity itself, but possible criminal practices related to the administration and the allocation of the collected resources.

The aforementioned care institutions are treated as possible victims. The procedure continues under secrecy of justice, and the suspicions still depend on the conclusion of the investigations and on the possible judicial accountability of those involved.

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