Post by anik4700 on Feb 28, 2024 1:10:15 GMT -5
Decided to put pressure on even a former advisor to Antonio Palocci who had just tried to commit suicide .MISAPPROPRIATION TJ-SP upholds conviction of liquidator who embezzled more than R$400,000 ConJur Editor March 5, 2023, 11:41 am Criminal The crime of misappropriation is consummated at the moment when the agent, freely and consciously, reverses the control of the thing in his possession, starting to dispose of it as if he were the owner. Freepik Freepik TJ-SP upholds conviction of property manager who embezzled more than R$400,000 from condominium With this understanding, the 8th Chamber of Criminal Law of the São Paulo Court of Justice upheld the conviction of a condominium manager for misappropriation of around R$406 thousand, which resulted in a sentence of three years, one month and ten days of providing services to the community, as well as monetary benefits to be paid to the condominium in the amount of R$ 100 thousand.
According to the complaint, the defendant, who is a partner in a condominium management company and manager of the victim building, allegedly appropriated amounts exceeding R$406,000 47 times. Among the ways found to embezzle the money was, for example, simulating the irregular hiring of his father as a lawyer in a lawsuit against Sabesp. For the rapporteur, judge Ely Amioka, the evidence leaves no do Luxembourg Phone Number ubt as to the commission of the crime of misappropriation by the accused, who, due to his profession and in his capacity as property manager, unduly appropriated values from the victim condominium. In this sense, she highlighted numerous transfers to the account of the defendant's wife, father and a company. “The defendant tried to make it appear that these amounts were just reimbursements for expenses he had spent on the victim condominium itself, in addition to the 10% payment that his company should receive from the victim as fees.
However, the version presented by the accused is not convincing. His testimony in court was confusing and contradictory, not being able to invalidate the rest of the evidence,” he stated. Amioka also stated that “it is strange” that the resources transferred as supposed reimbursements were always in full amounts, which would indicate that the defendant “made precisely calculated purchases, without spending a penny more or less (for example, always R$ 1 thousand instead of R$ 999.99)”. “As if that weren’t enough, it seems that the condominium always had a positive financial balance, so it did not need the accused’s help to cover its costs”, he added. Thus, according to the rapporteur, intent was duly demonstrated, which fits the defendant's conduct within article 168, § 1, items II and III, of the Penal Code. The decision was unanimous.EnvironmentalJudiciary Judge Natália Assis Mascarenhas, from the 1st Civil Court of Santana de Parnaíba (SP), fined the Basic Sanitation Company of the State of São Paulo (Sabesp) for environmental damage.
According to the complaint, the defendant, who is a partner in a condominium management company and manager of the victim building, allegedly appropriated amounts exceeding R$406,000 47 times. Among the ways found to embezzle the money was, for example, simulating the irregular hiring of his father as a lawyer in a lawsuit against Sabesp. For the rapporteur, judge Ely Amioka, the evidence leaves no do Luxembourg Phone Number ubt as to the commission of the crime of misappropriation by the accused, who, due to his profession and in his capacity as property manager, unduly appropriated values from the victim condominium. In this sense, she highlighted numerous transfers to the account of the defendant's wife, father and a company. “The defendant tried to make it appear that these amounts were just reimbursements for expenses he had spent on the victim condominium itself, in addition to the 10% payment that his company should receive from the victim as fees.
However, the version presented by the accused is not convincing. His testimony in court was confusing and contradictory, not being able to invalidate the rest of the evidence,” he stated. Amioka also stated that “it is strange” that the resources transferred as supposed reimbursements were always in full amounts, which would indicate that the defendant “made precisely calculated purchases, without spending a penny more or less (for example, always R$ 1 thousand instead of R$ 999.99)”. “As if that weren’t enough, it seems that the condominium always had a positive financial balance, so it did not need the accused’s help to cover its costs”, he added. Thus, according to the rapporteur, intent was duly demonstrated, which fits the defendant's conduct within article 168, § 1, items II and III, of the Penal Code. The decision was unanimous.EnvironmentalJudiciary Judge Natália Assis Mascarenhas, from the 1st Civil Court of Santana de Parnaíba (SP), fined the Basic Sanitation Company of the State of São Paulo (Sabesp) for environmental damage.