He deferred processing agreement signed by Corficolombiana and Grupo Aval with the United States Department of Justice arose from allegations of violation of the Foreign Corrupt Practices Act (FCPA) in the context of the case odebrecht.
Corficolombiana and Grupo Aval accepted the agreement, committing to pay a considerable fine to put an end to the investigations. However, this agreement not only implies an economic outlay, but also carries far-reaching legal and reputational implications.
Look here: Odebrecht: Grupo Aval must pay $40 million in the US
Grupo Aval: request for judicial collaboration and evaluation of disabilities
The director of the State Legal Defense Agency, Martha Lucía Zamora formally requested Foreign Minister Álvaro Leyva to obtain information through diplomatic channels on the criminal sentences or administrative sanctions issued by the SEC and the Department of Justice of the United States against Grupo Aval and Corficolombiana. This is a crucial step in the process of evaluating whether the Grupo Aval companies are disqualified from public procurement.
The process of determining if Grupo Aval is disqualified from contracting with the State due to accusations of corrupt practices represents a significant legal and ethical challenge.
The State Legal Defense Agency must assess whether the deferred prosecution agreement implies an admission of corrupt practices and if this affects the suitability of the group to participate in public tenders. The complexity lies in distinguishing collective from individual responsibility and in defining whether the details of the agreement reached senior management.
If it is determined that Grupo Aval is disqualified from contracting with the State, the repercussion on the public contracts of its subsidiaries could be drastic. The group would be forced to assign these contracts to third parties and undertake processes to repair the damage caused to the State. A similar case occurred with the Unión Temporal Centros Poblados in the field of ICT, evidencing the seriousness of the consequences.
The judicial collaboration between Colombia and the United States it is crucial to clarify the details of the accusations and reach a fair conclusion. Cooperation between the SEC, the FBI and the Colombian authorities is vital to the development of this process and to ensure that the appropriate laws are applied.
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