All the more expected since the latter’s defense revealed a first breach between the accused. By seeking to disengage, we burden others a little. And in this case, the cursor was placed on Michael Wainwright. It is the formidable and experienced Mr. Daniel Kinzer, who pleads for him before the Federal Criminal Court in Bellinzona. He calls for the acquittal of the Briton, who played “no role” in the conclusion of the nine lucrative contracts signed by Trafigura and in the allegedly corrupt payments made between 2009 and 2011 to Paulo Gouveia Junior through two separate channels.
“We can do worse”
He begins by criticizing this Public Ministry of the Confederation (MPC) which requested 4 years in prison. The maximum sentence being 5 years, and given the passage of time, this amounts to considering that “we cannot do worse” than Michael Wainwright. However, “we can do worse,” according to the lawyer. His collaboration was “execrable”, they say? Perhaps he “minimized” his power, that his memories were diffuse, but “he did not evade himself”, he “simply delivered his truth”. Out of modesty, out of restraint, he admitted that he didn’t know everything. Perhaps he even “didn’t do everything right”, showing “at most” “negligence”, but he “stayed on the right side of the crest line”.
In order to demonstrate this, Me Daniel Kinzer followed the chronological thread to sequence the facts, dissect them legally to better undo the corruptive pact, transforming it into a series of events which cancel the “natural unity of action”. This unity of action is of great importance. Refuting it means prescribing payments made through the first channel, removing his client from the pact sealed, according to the accusation, on April 7 and 8, 2009, when the director of Sonangol Distribuidora, the subsidiary of the national oil company of Angola, came in Geneva. These elements are decisive in assessing Michael Wainwright’s intention regarding these facts, and understanding whether he acted with conscience and will.
“M. Angola» compartments
“You have to put yourself at eye level,” continues the lawyer. To sow doubt on his knowledge of the corruptive background of the payments, it is necessary to overwhelm Mariano Marcondes Ferraz, the “Mr. Angola” from Trafigura. This Brazilian, “of good reputation” when he joined the firm in 2007, “compartmentalized”, since it was established that he had corrupted in Brazil without the knowledge of his associates. This man who “spends happy days in his luxury villa” would therefore have proceeded in the same way in southern Africa. In fact, it was he who created the offshore company from which the first payments were made and took the steps so that Paulo Gouveia Junior could open an account at Crédit Agricole, via his own manager. The letter of recommendation issued by Trafigura for this purpose “contains a signature similar” to that of Michael Wainwright. This is insufficient and does not demonstrate that he knew that the funds were intended for a public official, even less that they were granted as consideration for the contracts.
Nor can we impute the offense by omission to him; he does not occupy this “guarantor position” which would have forced him to prevent payments, including those from the second channel, via the intermediary TP The possible fraud does not find favor in the eyes of the lawyer: “He It would have been necessary to be able to exclude with almost certainty the legality of the payments.” However, it was common, at the time, to use intermediaries to open up oil markets.
At the end of the day, Mr. Daniel Kinzer concludes addressing the judges, Michael Wainwright must be acquitted, because the “message” has got through: “In Switzerland, we do not hesitate to open proceedings, even against very senior executives. . So say that yes, corruption is a scourge, but that you do not find it in this file. Deliver this magnificent message.”
