Photo: Simplus Menegati/Wikimedia Commons
In the appeal filed with STJ, Americana accuses the BTG agreement of “Participation, complicity, and guilt” in the accounting shortfall of R$20 billion that led the retailers group to file for bankruptcy.
The legal strategy is based on so-called “advance letters” that the bank must send to PwC, the auditor responsible for evaluating the company’s balance sheet. These documents are a kind of communication between the auditing firms and the creditors to examine the statements.
BTG was also involved in the business that culminated in the current dangerous scenario. Incidentally, not just participation, but complicity and guilt.”Americana attorneys wrote in the case file.
As we posted this Tuesday (31), The retailer has hired Cristiano Zanin, Lula’s former lawyerto defend it in the legal struggle against BTG. In an interview yesterdayAnd Claudio Dantas and attorney Miguel Silva, who specializes in business law, commented on the liability of the banks and the risk that the case would fall under administrative fraud, rather than accounting fraud.
to update: Late Wednesday (1) afternoon, BTG Pactual issued a memo refuting Americana’s accusations. Read below in full:
As other banks have already indicated, the preparation and approval of financial statements that reflect the reality of the company is the sole, exclusive and non-transferable responsibility of the company itself and its management, including its board of directors and board of directors.
BTG Pactual has always handled its operations with Americana in a transparent manner, to the point where balances of operations are regularly reported to the Central Risk System, which is maintained by the central bank. This information is fully accessible to the debtor company and third parties authorized by it.
It is completely unreasonable to claim that BTG Pactual would condone a practice that could jeopardize its exposure to the company. The creation of frivolous narratives in order to hold the banks any kind of responsible in this unfortunate episode is meant to distract from the central problem.
BTG Pactual is fully satisfied that its practices are correct and will not fail to assert all of its rights.
Finally, we must remember that after three weeks of acknowledgment – by Americana itself – of the irregular practices, no effective action has been taken to address the problems, benefit the company, or act constructively in restoring the company and preserving jobs and suppliers. “
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