Justiça decreta falência de empresa em MT que “simulou” operação na Bolsa de Valores

Por Folha Max

A juíza da 4ª Vara Cível de Sinop (500 km de Cuiabá), Giovana Pasqual de Mello, decretou a falência da D.R.F Comercial Agrícola, empresa cujo processamento da recuperação judicial foi autorizado pela Justiça em março deste ano, mas que não conseguiu superar a crise. Os autos não informam a dívida da organização, porém, uma fonte contou ao FOLHAMAX que ela ultrapassa R$ 78 milhões. A decisão é do dia 30 de julho de 2018.

De acordo com informações do processo a empresa teria cometidos crimes financeiros no período em que teve o processamento de recuperação judicial autorizado pela Justiça (entre março e julho deste ano). Um deles, conforme descreve a juíza Giovana Pasqual de Mello, foi a transferência de recursos da D.R.F. Comercial Agrícola às pessoas físicas de seus sócios – prejudicando, assim, o pagamentos de dívidas com seus credores.

“A recuperanda direcionou o recebimento de receitas para conta de terceiros, sem ao menos indicar nos autos tais valores para fins de contabilização, conduta esta que demonstra intenção de desvio de receita, sendo que o direcionamento de créditos não ocorreu devido a insistência dos pagamentos”, diz trecho do processo.

A administradora judicial do processo – responsável por auxiliar a Justiça em trabalhos extra-judiciais, como o levantamento dos débitos, bem como a convocação da Assembleia Geral dos Credores -, informou ainda indícios de uma fraude de operações de crédito na Bolsa de Valores. De acordo com ela, um dos acionistas da D.R.F., Dalton Cagnani, emitiu uma Certidão de Produto Rural (CPR) no valor de R$ 60 milhões.

A “CPR” é um título de crédito onde o produtor recebe por seu valor antecipadamente em troca do pagamento de um produto (soja, milho, algodão, por exemplo) ou de um “resgate financeiro”, segundo informações da BM&FBovespa. O ato teve como objetivo a emissão de Certificados de Recebíveis Agrícolas (CRA), que são outros títulos de renda fixa originados de negócios entre produtores rurais (a própria CPR).

A juíza Giovana Pasqual de Mello ressaltou que a empresa, por meio de um de seus sócios, realizou uma operação de crédito que não condizia com sua “situação econômica” e também falou em “simulação”, ato que infringe a Lei nº 6.385/1976, que disciplina as regras sobre o mercado de valores mobiliários.

“Ademais, os documentos apresentados pela administradora judicial demonstram indícios de atos que podem ser caracterizados como ilícitos penais, enquadrando-se na situação de simulação, notadamente diante da afirmação da própria recuperanda de que a CPR acima referida foi emitida com a finalidade de lastrear o CDC, ou seja, não representou, de fato, a existência da operação a que se refere a cédula”, diz trecho da operação.

Além de decretar a falência, a juíza da 4ª Vara Cível de Sinop determinou que a empresa entregue em até 5 dias a relação nominal de credores, além dos “livros, papeis e documentos, relacionando os bens a arrecadados”. A empresa também foi “lacrada” para evitar execuções.

A magistrada Giovana Pasqual de Mello também mandou expedir ofícios a órgãos e repartições públicas (Detran, Receita Federal, Banco Central, e Registro de Imóveis) informando a existência de bens da D.R.F. Agrícola. A juíza também determinou o envio de cópias da decisão ao Tribunal Regional do Trabalho, às Varas Cíveis da Comarca de Sinop e da Capital, às Varas da Fazenda Pública do Estado de Mato Grosso, além do Ministério Público do Trabalho.

OUTRO LADO

POr meio de nota, a empresa negou qualquer tipo de fraude ou crime financeiro por parte dos sócios da empresa. “Foi, sim, solicitada uma operação de crédito na Bolsa de Valores, com fiscalização e anuência de empresas reconhecidas e certificadas do meio financeiro, mas a a emissão dos Certificados de Recebíveis Agrícolas (CRA) não chegou a ser realizada, não havendo, portanto, nenhum recebimento de valores por parte dos acionistas da D.R.F Comercial Agrícola”, assinala a nota.

Íntegra da nota:

Em relação a decretação de falência da D.R.F Comercial Agrícola, com sede Sinop, os acionistas da empresa vem a público esclarecer que os fatos divulgados não condizem com a verdade, pois não houve fraudes ou crimes financeiros no pedido de falência da empresa. Os acionistas esclarecem que: 

– O pedido de falência da empresa foi solicitado pelos próprios acionistas, autofalência, após ser constatado que não seria possível cumprir as metas e medidas previstas no processo de recuperação judicial, autorizado pela Justiça em março deste ano;

– A acusação sem fundamento foi feita pelo administrador judicial da RJ, sendo que a juíza da 4ª Vara Cível de Sinop, Giovana Pasqual de Mello, decretou a falência, conforme o pedido dos acionistas, desconsiderando totalmente a acusação indevida e irresponsável;

– Não houve a transferência de recursos da D.R.F. Comercial Agrícola às pessoas físicas de seus sócios. 

– Foi, sim, solicitada uma operação de crédito na Bolsa de Valores, com fiscalização e anuência de empresas reconhecidas e certificadas do meio financeiro, mas a a emissão dos Certificados de Recebíveis Agrícolas (CRA) não chegou a ser realizada, não havendo, portanto, nenhum recebimento de valores por parte dos acionistas da D.R.F Comercial Agrícola; 

– O empresário Dalton Cagnani, acionista da D.R.F Comercial Agrícola, informa, ainda, que irá tomar todas as medidas judiciais cabíveis para esclarecer a verdade, especialmente em relação as alegações de fraude e crimes financeiros.

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  83. Pues nada, ya podemos hacer el cableado eléctrico y colocar nuestros tubos para interconectar todo, yo para esto ultimo utilice un tubo de goma de 8x5mm de diámetro, comprado en una tienda de repuestos de electrodomésticos, creo que lo venden para lavadoras, lo coloqué con un par de bridas en cada extremo a fijar, para una presión de 4 bar es mas que suficiente, eso si, procurar que no estén las uniones engrasadas, pues si no se nos soltaría al primer intento.

  84. SAT España Servicio Técnico Oficial, S.L. es un servicio técnico oficial regulado por la Comunidad Autónoma de Madrid, pero no es el servicio técnico oficial de la marca Bosch. Los técnicos de electrodomésticos, llevan consigo todas las herramientas y repuestos necesarios para una correcta reparación de sus electrodomésticos. Nuestros competentes técnicos realizaran el servicio técnico sat en reparación de aire acondicionado el mismo día de su llamada, también con nuestro servicio de urgencia en menos de 3 horas Ud. dispondrá de untécnico en su domicilio.

  85. De incumplirse por las empresas tal prohibición el personal discriminado tendrá derecho a las diferencias salariales que procedan. RAMEM S.A., fundada en 1958, es una empresa cuya actividad se centra en el diseño y fabricación de equipos mecánicos y electro-mecánicos.

  86. Las nuevas tendencias en los sectores industriales orientadas a los criterios de competitividad y servicio, han sido irremediablemente punto de referencia en su meta empresarial, basando todo su empeño en el concepto de servicio integral. Previamente a la operación de decoletaje, y según el tipo de pieza aplicación final que va a tener, será necesario realizar otras operaciones como cilindrado, taladrado, roscado, fresado brochado.

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