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EXHIBIT 2
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Odebrecht falls on GyM

* New testimonies arrived from Curitiba detail the Peruvian builder’s participation in the subject of bribes
Odebrecht has started to settle accounts with what was its main partner in Peru: the builder Graña y
Montero. Three executives of the Brazilian giant have given details to the Public Prosecutor’s Office
regarding the contribution of the Peruvian company in the matter of bribes.
As this weekly paper has been able to ascertain, GyM had contributed around 7.5 million dollars
in two corrupt concessions: Interoceánica Sur, tramos (stretches) 2 and 3, and line 1 of the Lima Metro.
In the first project, according to the witnesses, the companies Graña y Montero, JJC and
ICCGSA—which together with Odebrecht formed the consortium CONIRSA—returned to Odebrecht a
total of 9 million dollars as “compensation” for the disbursement of 20 million dollars in bribes to former
president Alejandro Toledo. From this amount, Graña y Montero delivered a portion of at least 5 million
dollars, according to the first testimonies and indications gathered by the Public Prosecutor’s Office.
In the Lima metro, Odebrecht confessed to having distributed 8 million in bribes among
employees of Alan Garcia. According to the collaborators of the Brazilian company, GyM is said to have
contributed 2.5 million dollars. Two of the witnesses that declared to the Public Prosecutor’s Office,
according to sources in this institution, are Jorge Simoes Barata and Ricardo Boleira, former
superintendent directors of Odebrecht in Peru. The third is an effective collaborator whose identity is kept
secret.
A fourth and recent witness is Marcelo Odebrecht, who last Thursday the 9th declared before three
Peruvian prosecutors that Graña y Montero helped Jorge Barata to establish contact with Peruvian
politicians. The businessman guaranteed that the role of the Peruvian builder was decisive in choosing the
projects in which “bribes” could be paid, and in suggesting the name of presidential candidates that
should receive financing.
The four collaborators all state that Odebrecht was in charge of carrying out the payment of
bribes, and at the end of the year, when the balance sheets were presented, received from its partners their
proportional part of the bribes.
The Brazilian builder left nothing to chance, and charged up to the very last cent, from the bribes
properly said to the “complementary expenses” that triangulating the transfers of cash in its long travels
through offshore countries and tax havens. The total sums were discounted from the annual dividends of
the consortiums, and entered under the heading “additional risks.”
The witnesses had delivered to the Special Investigation Team of operation lava Jato, which is led
by prosecutor Hamilton Castro, a series of certificates, agreements and documents that proved how the
division of bribes worked between Odebrecht and its local peers.
A copy of these certificates was obtained by the journalist Malú Gaspar, from the Brazilian
magazine “Piauí,” in July of this year. It’s a document named “Agreement on the distribution of results,”
from the consortium Tren Eléctrico de Lima, formed by the companies Odebrecht and Graña y Montero.
It was closed in December of 2011, five months after the first stretch of the Lima Metro was inaugurated,
during the second administration of Alan García Pérez.
The agreement states that “… the parties recognize (that the) builder Norberto Odebrecht has
assumed risks in addition to those that corresponded to it for its participation in the consortium.” And
specifies: “Whereas the role of the builder Norberto Odebrecht S.A., Peru subsidiary, has been
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determining in obtaining the consortium’s results, including assuming additional risks, it is appropriate
that it receive a bigger percentage.”
That year, according to IDL Reporteros, the consortium’s dividends amounted to 128,317,540.66
soles, but when the division was made it was done partially. Odebrecht took 68,654,178.37, and Graña y
Montero, which held a 33% stake, a total of 28,727.634 million. About 31 million soles were left pending
distribution. It is being investigated if this difference is for the “additional risks” that appear in the
consortium’s documents.
The document the Brazilian journalist had access to is signed by Raymundo Trindade Serra and
Antonio Nostre Junior on the Brazilian side; and by Hernando Graña Acuña and Juan Lambarri Hierro on
the side of Graña y Montero. Graña Acuña resigned from his position as director of the Peruvian builder
in February of this year, after this magazine revealed the first testimony of Jorge Barata. Lambari Hierro,
according to company executives, is still heading the general management of the Engineering and
Construction department of GyM.
The investigation into Graña y Montero and the other companies that were partners of Odebrecht
in concessions in which there is evidence of the payment of bribes is still in the questions and
corroboration stage, explained reliable sources in the Public Prosecutor’s Office to this magazine. When
the prosecutors decide to open preliminary investigations, they will serve notice to the attorneys of the
Peruvian builders.
Graña y Montero sent a communiqué to this magazine in which it reiterates that it did not
participate in the scheme of bribery payments of its former Brazilian partner. “The concept of additional
risks is something often used in the construction sector, in consortiums in which many companies are
involved, and refers to the different roles and responsibilities that the companies assume. It’s a completely
legal mechanism, but there is no evidence whatsoever of the final use Odebrecht made of the
remunerations it received in the projects it was involved in, or of any illegal use that could have been
made of this money,” said the builder. And added: “Having said that, the company reaffirms our complete
collaboration with the actions that the authorities are carrying out in order to clarify the truth regarding
the corrupt actions of Odebrecht. The payment of bribes to employees or any other unlawful activity are
not a part of the corporate policies and practices of this company.”
Nevertheless, Graña y Montero admits for the first time the possibility that the company’s upper
management is involved in the corrupt practices of Odebrecht in Peru. “The company does not and will
not protect any person that has been involved in acts of corruption. The board is ready to adopt the
appropriate legal actions against any person, employee or former employee, who, with their irregular
actions, has caused harm to the company,” state GyM to this weekly paper.
This “damage control” before the imminent consequences that would be caused by the outcome
of the Prosecution’s investigations includes the payment of civil reparations to the Justice. “The State
should be certain that we will fulfill our obligations, including the payment of any civil liability that could
be determined through the appropriate legal procedures, says Graña y Montero to this publication. And it
stresses: “We reaffirm our commitment to collaborate with the Judiciary and the Prosecutor’s Office in
clarifying the truth, ware that transparency and integrity are the best assets of a company.” This is the first
time the company publicly proposes any liability in the acts of corruption of its executives.
The Odebrecht group sees with stupefaction how, while the government of Pedro Paulo
Kuczynski encourages the expulsion of the Brazilian company and the sale of all of its assets in Peru,
Graña y Montero—its partner the entire time—continues to do business.
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Protected by Urgency Decree 003, which only affects companies that have recognized acts of
corruption or which are being formally investigated for unlawful activity, the oldest builder in the country
expects to close a contract with the Executive branch to be involved in one of the stages of modernization
of the Talara refinery. The investment amounts to 1 billion dollars.
In Chile, a subsidiary of Graña y Montero—the consortium T y V—has just been awarded a
successful bid to build a plant for crushing and transportation of material in an open pit copper mine in
the region of Antofagasta for a total of 131 million dollars. So far Graña y Montero has been able to keep
itself in the eye of the Lava Jato hurricane that has devastated Odebrecht.
A few weeks ago, the Peruvian company argued, based on an internal and supposedly
independent audit that filtered out some half friends, that no evidence was found that would lead to the
conclusion “that any of the directors, past or present, or executives or employees of the company have
had knowledge of or participated in any act of corruption or bribery of public employees.” From Curitiba,
Odebrecht corrected its former partner’s position.
“The Prince” corroborated to the group of Peruvian prosecutors that Graña y Montero was fully
aware of the payment of bribes and that it participated in this corrupt scheme that helped them to earn
millions of dollars. Odebrecht guaranteed that it used to visit the offices of Graña y Montero in Peru at
least twice a year and stated that it was received personally by José Graña Miró Quesada, former
president of the board of GyM and important shareholder of the daily paper “El Comercio.”
The former CEO of the Brazilian builder said that there was a 30-year relationship between both
groups, and that the role of Graña y Montero in materializing the business in Peru was vital.
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