In this file:

 

·         US: Parent of Brazil's JBS pleads guilty to U.S. foreign bribery charges

… and agreed to pay $256 million in criminal fines, prosecutors said on Wednesday…

 

·         US:SEC Charges Brazilian Meat Producers With FCPA Violations

… an extensive bribery scheme that took place over multiple years…

 

·         US: Brazilian meatpacker cops to U.S. corruption crimes weeks after receiving more Trump admin bailouts

... Less than six weeks ago, on Sept. 4, the Colorado-based JBS USA secured its most recent Agriculture Department bailout...

 

·         US: Pilgrim’s Pride Reaches Plea Deal With Justice Department on Chicken Price-Fixing Allegations

... it has agreed to a plea deal with the U.S. Justice Department to resolve price-fixing charges, and will pay a fine of $110.5 million… Pilgrim’s, which is majority-owned by Brazilian meat conglomerate JBS SA…

 

·         Brazil: Brazil charges JBS unit over coronavirus worker protection, 18th suit against JBS

Federal labor prosecutors in Brazil have filed a civil suit against food processor Seara Alimentos, a division of meatpacking giant JBS SA, accusing it of failing to protect workers from the coronavirus at two plants in the southern state of Santa Catarina, they said in a statement on Tuesday.

 

·         Brazil: JBS S A: Minutes of The Board of Directors' Meeting Held on September 28, 2020

… The meeting… for "discussion and deliberation of the admission of liability lawsuit in face of Wesley Mendonça Batista, Joesley Mendonça Batista, Florisvaldo Caetano de Oliveira and Francisco de Assis e Silva, former administrators of the Company, and the direct and/or indirect controller of the Company, pursuant to article 159 and 246 of Law no. 6,404/76, in order to defend its rights and interests, including in relation to liabilities for damages caused to the Company by managers, former administrators and controllers involved in the illicit acts admitted in the Plea Bargaining Agreements…  

 

·         US: Whistleblower says COVID-19 screening process at JBS plant places employees in danger

“I want the Governor to know. I want everyone to know”

 

·         US: ‘We Don’t Want Other People to Suffer’: JBS Families Wait, Fight And Hope For Accountability

... On Saturday, March 20, Saul Sanchez, 78, woke up and went into work for an extra shift at the JBS meatpacking plant in Greeley... It would be the last shift of his life...

 

 

Parent of Brazil's JBS pleads guilty to U.S. foreign bribery charges

 

By Jody Godoy and Sabrina Valle, Reuters 

October 14, 2020

 

NEW YORK/RIO DE JANEIRO (Reuters) - Brazil's J&F Investimentos, parent company of the world's largest meatpacker, JBS SA JBSS3.SA, pleaded guilty to U.S. foreign bribery charges and agreed to pay $256 million in criminal fines, prosecutors said on Wednesday.

 

Only half of the fine, $128 million, will be paid to U.S. authorities, as the company will receive credit to payments made to Brazilian authorities.

 

In 2017, J&F agreed to pay a record-setting 10.3 billion-real ($1.85 billion) fine in its home country for its role in corruption scandals that severely weakened Brazil’s then-president, Michel Temer. Top executives in Brazil had admitted to bribing more than 1,900 politicians to secure contracts for the group.

 

Shares of JBS rose 5.8% in Sao Paulo following the announcement in the United States, amid hopes the deal would allow the company - which reported a net profit of 3.4 billion reais last quarter - to draw under a line under the sprawling corruption scandal.

 

According to documents made public on Wednesday in a U.S. court, the amount of the bribes paid by J&F officials to high-level government officials exceeded $150 million, which generated $178 million in profit for the company, U.S. prosecutors said.

 

Lucio Martins, J&F’s director of compliance...

 

more

https://www.reuters.com/article/us-j-f-brazil-crime/parent-of-brazils-jbs-pleads-guilty-to-u-s-foreign-bribery-charges-idUSKBN26Z2FZ

 

 

SEC Charges Brazilian Meat Producers With FCPA Violations

 

Mondo Visione (UK)

14/10/2020

 

The Securities and Exchange Commission today announced that Brazilian nationals Joesley Batista and Wesley Batista and their companies J&F Investimentos S.A. and JBS S.A., a global meat and protein producer, have agreed to pay nearly $27 million to resolve charges arising out of an extensive bribery scheme that took place over multiple years.

 

The SEC’s order finds that the Batistas engaged in a bribery scheme in part to facilitate JBS’s 2009 acquisition of U.S. issuer Pilgrim’s Pride Corporation.  According to the order, following that acquisition and while serving as board members of Pilgrim’s, the Batistas made payments of approximately $150 million in bribes at the direction of a former Brazil Finance Minister using in part funds from intercompany transfers, dividend payments, and other means obtained from JBS operating accounts containing funds from Pilgrim’s.  As set forth in the order, the Batistas exerted significant control over Pilgrim’s, which shared office space, overlapping board members and executives, accounting and SAP systems, and certain internal accounting controls and policy documents with JBS and its U.S. affiliate JBS USA.  The order finds that as a result of that control, the Batistas caused the failure of Pilgrim’s to maintain an adequate system of internal accounting controls and accurate books and records.  The order also finds that the Batistas, who signed Pilgrim’s Pride’s financial statements, did not disclose their conduct to Pilgrim’s Pride’s accountants and independent public accountants.

 

“Engaging in bribery to finance their expansion into the U.S. markets and then continuing to engage in bribery while occupying senior board positions at Pilgrim’s reflects a profound failure to exercise good corporate governance,” said Charles Cain, Chief of the SEC Enforcement Division’s FCPA Unit. “This brazen misconduct flies in the face of what investors should expect from those occupying the role of an officer or director of a U.S. issuer.”

 

Joesley Batista, Wesley Batista, J&F, and JBS consented to the SEC’s order finding that they caused Pilgrim’s Pride’s violations of the books and records and internal accounting controls provisions of the FCPA and agreed to cease-and-desist orders.  Further, JBS agreed to pay approximately $27 million...

 

more

https://mondovisione.com/media-and-resources/news/sec-charges-brazilian-meat-producers-with-fcpa-violations/

 

 

UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

 

SECURITIES EXCHANGE ACT OF 1934

Release No.90170/ October 14, 2020

 

ACCOUNTING AND AUDITING ENFORCEMENT

Release No.4189 / October 14, 2020

 

ADMINISTRATIVE PROCEEDING

File No. 3-20124

 

Document (pdf):

https://www.sec.gov/litigation/admin/2020/34-90170.pdf

 

 

Brazilian meatpacker cops to U.S. corruption crimes weeks after receiving more Trump admin bailouts

 

By Chris Sommerfeldt, New York Daily News

Oct 14, 2020

 

The owner of a scandal-scarred Brazilian meatpacker pleaded guilty to corruption crimes in Brooklyn Federal Court on Wednesday — just weeks after the company’s American subsidiary scooped up its latest taxpayer-funded bailout from the Trump administration.

 

J&F Investimentos, the controlling shareholder of the sprawling JBS meatpacking empire, had one of its attorneys admit in a video conference that it dished out nearly $150 million in bribes to top Brazilian officials between 2005 and 2017 in exchange for getting state-backed financing to expand its meat business into the U.S.

 

As part of the plea, J&F — which is controlled by Brazil’s infamous Batista family — agreed to cough up $256 million in fines, capping a lengthy investigation by the Justice Department and adding to the record-breaking $3.2 billion fine that the company had to pay in 2017 to settle a similar probe in its home country.

 

Despite JBS' long history of questionable business practices, the Trump administration’s Agriculture Department showered the meatpacker’s main American subsidiary, JBS USA, with more than $100 million in taxpayer-funded product bailouts between January 2019 and February 2020, as previously reported by the Daily News.

 

But what’s not previously known is that the Agriculture Department kept forking over bailouts to JBS USA even as the J&F plea deal neared, according to federal records obtained by The News this week.

 

Less than six weeks ago, on Sept. 4, the Colorado-based JBS USA secured its most recent Agriculture Department bailout...

 

more

https://www.nydailynews.com/news/politics/ny-trump-brooklyn-court-brazilian-meatpacker-20201014-hrnrg4cpfbadnblkflimpwrqqy-story.html

 

 

Pilgrim’s Pride Reaches Plea Deal With Justice Department on Chicken Price-Fixing Allegations

Second-largest U.S. chicken processor to pay $110.5 million fine

 

By Jacob Bunge and Brent Kendall, The Wall Street Journal

Oct. 14, 2020

 

Chicken processor Pilgrim’s Pride Corp. said it has agreed to a plea deal with the U.S. Justice Department to resolve price-fixing charges, and will pay a fine of $110.5 million.

 

A guilty plea by Pilgrim’s, the second-largest U.S. chicken processor by sales, will make it the first company to admit in court to what prosecutors have alleged was a roughly seven-year effort across much of the U.S. chicken industry to inflate prices. That coordination pushed up poultry prices paid by fast-food chains and other chicken buyers, prosecutors alleged.

 

Pilgrim’s said the plea agreement provides that the Justice Department will bring no further charges against the Colorado-based company, and doesn’t recommend an outside compliance monitor. The agreement doesn’t require any restitution or probationary period, the company said.

 

“We are encouraged that today’s agreement concludes the Antitrust Division’s investigation into Pilgrim’s, providing certainty regarding this matter to our team members, suppliers, customers and shareholders,” Pilgrim’s Chief Executive Fabio Sandri said.

 

A Justice Department spokeswoman didn’t immediately respond to a request for comment.

 

Pilgrim’s was charged with price fixing and bid rigging in a criminal-information document the Justice Department filed late Tuesday in federal court in Colorado. Prosecutors accused the company of coordinating with other parties to suppress competition in the chicken market from 2012 to early 2019...

 

... Pilgrim’s, which is majority-owned by Brazilian meat conglomerate JBS SA, has been at the center of the U.S. government’s wide-ranging probe of the $65 billion U.S. chicken industry. The Justice Department’s initial charges in June targeted Jayson Penn, then chief executive of Pilgrim’s, as well as a former Pilgrim’s sales manager and two executives of a rival chicken company. Mr. Penn and the other defendants have pleaded not guilty...

 

more

https://www.wsj.com/articles/pilgrim-s-pride-reaches-plea-agreement-with-justice-department-on-chicken-price-fixing-allegations-11602649655

 

 

Brazil charges JBS unit over coronavirus worker protection, 18th suit against JBS

Federal labor prosecutors in Brazil have filed a civil suit against food processor Seara Alimentos, a division of meatpacking giant JBS SA, accusing it of failing to protect workers from the coronavirus at two plants in the southern state of Santa Catarina, they said in a statement on Tuesday.

 

Gram Slattery, Reuters

via Nasdaq - Oct 13, 2020

 

RIO DE JANEIRO, Oct 13 (Reuters) - Federal labor prosecutors in Brazil have filed a civil suit against food processor Seara Alimentos, a division of meatpacking giant JBS SA JBSS3.SA, accusing it of failing to protect workers from the coronavirus at two plants in the southern state of Santa Catarina, they said in a statement on Tuesday.

 

Prosecutors allege that the company did not adequately test employees at the two facilities in the town of Itapiranga. They also claimed that it did not properly isolate workers with symptoms of COVID-19 and brought employees back to work too soon after quarantine, among other issues.

 

JBS has had thousands of infections at its plants in Brazil, and prosecutors and inspectors have alleged similar conduct at the company's facilities throughout the region. This is the 18th civil lawsuit Brazilian labor prosecutors have brought against the company, they said in the statement.

 

In a statement on Tuesday evening, the company declined to comment on the specific allegations but defended the manner in which it protects workers...

 

more

https://www.nasdaq.com/articles/brazil-charges-jbs-unit-over-coronavirus-worker-protection-18th-suit-against-jbs-2020-10

 

 

JBS S A : MINUTES OF THE BOARD OF DIRECTORS' MEETING HELD ON SEPTEMBER 28, 2020

 

Source: JBS S.A.

via MarketScreener - 10/14/2020

 

JBS S.A.

 

Corporate Taxpayer's ID (CNPJ/ME): 02.916.265/0001-60

 

Company Registry (NIRE): 35.300.330.587

 

Authorized Capital Publicly Held Company

 

EXCERPT OF THE MINUTES OF THE BOARD OF DIRECTORS' MEETING

 

HELD ON SEPTEMBER 28, 2020, AT 12:00 P.M.

 

Date, Time and Venue: September 28, 2020, at 12:00 p.m., via conference call ("JBSor

 

Company").

 

Call notice: The call notice was sent via e-mail to all members of the Board of Directors, pursuant to article 18 of the Company's Bylaws.

 

Attendance: The necessary quorum for the Meeting of the Company's Board of Directors was verified, given the presence of all the members of the Board of Directors, pursuant to articles 15 and 18 of its Bylaws, namely: Jeremiah O'Callaghan (Chairman), José Batista Sobrinho (Vice- Chairman), Wesley Mendonça Batista Filho, Aguinaldo Gomes Ramos Filho, Gilberto Meirelles Xandó Baptista, Alba Pettengill, José Guimarães Monforte, Márcio Guedes Pereira Júnior and Gelson Luiz Merisio.

 

Also attended Mr. Daniel Pitta and Mr. Adriano Ribeiro, Legal Officers of the Company.

 

Presiding Board: Jeremiah O'Callaghan, Chairman; Milena Hitomi Yanagisawa, Secretary.

 

Agenda: (i) discuss and resolve on the mailing received by the Company from BNDES PARTICIPAÇÕES S.A. - BNDESPAR; and (ii) discuss and resolve on the call for the Company's Extraordinary Shareholders' Meeting, under the terms of the Call Notice and the Management Proposal.

 

Discussions and Resolutions: The meeting began with the Chairman, Mr. Jeremiah O'Callaghan, informing that the Company received a letter from BNDESPAR with the request to call an Extraordinary Shareholders' Meeting of the Company for "discussion and deliberation of the admission of liability lawsuit in face of Wesley Mendonça Batista, Joesley Mendonça Batista, Florisvaldo Caetano de Oliveira and Francisco de Assis e Silva, former administrators of the Company, and the direct and/or indirect controller of the Company, pursuant to article 159 and 246 of Law no. 6,404/76, in order to defend its rights and interests, including in relation to liabilities for damages caused to the Company by managers, former administrators and controllers involved

 

1

 

in the illicit acts admitted in the Plea Bargaining Agreements and other agreements whose execution was disclosed in Notices to the Market and Material Facts published by JBS. ", whose letter was the object of a Material Fact of the Company dated September 23, 2020 ("ESM 2020").

 

1.    After that, Mr. Adriano Ribeiro, Legal Officer of the Company, held a presentation to the members of the Board of Directors, containing the facts on which the request to call the 2020

Extraordinary Shareholders' Meeting was based.

2.    Then, Mr. Daniel Pitta, Legal Officer of the Company, presented and informed the members of the Board of Directors of the items to be resolved at the 2020 Extraordinary

    Shareholders' Meeting, as well as the terms of the Call Notice for the 2020 Extraordinary Shareholders' Meeting and the respective Management Proposal.

 

After debate and discussion on the subject, the members of the Board of Directors presented their questions to items (i) and (ii) above, all of which were duly clarified by Mr. Adriano Ribeiro and Mr. Daniel Pitta.

 

Thus, the members of the Board of Directors have discussed the information among themselves and unanimously approved the Call Notice for the 2020 Extraordinary Shareholders' Meeting, the Management Proposal and the call for the 2020 Extraordinary Shareholders' Meeting.

 

Finally, the Members of the Board authorized the Company's Officers and/or attorneys-in-fact to take all and any measures, to practice the acts and sign all documents necessary to implement the items deliberated and approved above, as well as to ratify all

 

acts already practiced by the Officers and/or attorneys-in-fact in this sense.

 

Minutes in Summary Form: The Board of Directors approved the drawing up of these minutes in summary form and their publication omitting the signatures, pursuant to paragraphs 1 and 2 of article 130 of Brazilian Corporate Law.

 

Closure: There being no further business to discuss, the floor was offered to anyone who intended to speak and, as no one did, the meeting was adjourned for the time necessary to draw up these minutes, which were then read, approved and signed by all attendees.

 

Attending Members: Jeremiah O'Callaghan, José Batista Sobrinho, Wesley Mendonça Batista Filho, Aguinaldo Gomes Ramos Filho, Gilberto Meirelles Xandó Baptista, Alba Pettengill, José Guimarães Monforte, Márcio Guedes Pereira Júnior and Gelson Luiz Merisio.

 

2

 

This is a free English translation of the Minutes of the Board of Directors' Meeting drawn up in

 

the Company's book.

 

São Paulo - September 28, 2020.

 

Milena Hitomi Yanagisawa

 

Secretary

 

3

 

Disclaimer

 

JBS SA published this content on 14 October 2020 and is solely responsible for the information contained therein. Distributed by Public, unedited and unaltered, on 14 October 2020 15:49:02 UTC

 

 

source url

https://www.marketscreener.com/quote/stock/JBS-SA-6499588/news/JBS-S-A-MINUTES-OF-THE-BOARD-OF-DIRECTORS-MEETING-HELD-ON-SEPTEMBER-28-2020-31539463/

 

 

Whistleblower says COVID-19 screening process at JBS plant places employees in danger

“I want the Governor to know. I want everyone to know”

 

By: Tony Kovaleski, The Denver Channel (CO)

Oct 11, 2020

 

GREELEY, Colo. -- A medical professional hired to screen employees at the JBS meatpacking plant in Greeley claims she was pressured to get employees through the door and feels the company continues to put workers at risk.

 

The claims come roughly six months after one of the nation’s largest plants was forced to close after an outbreak of COVID-19.

 

“I want the governor to know. I want everyone to know,” Buck said. “I want them to know those employees are in danger,” said Sarah-Jean Buck, a licensed medical assistant who was hired through a temp agency to screen employees of the JBS meatpacking plant in Greeley.

 

Buck made her claims in a signed affidavit and in an exclusive television interview with Denver7 Investigates. She spent two months working at the plant.

 

Buck was working as a temporary employee through a private contractor hired by JBS. Her responsibility was to question, screen and take temperatures of the thousands of employees reporting for work each day.

 

She said her greatest concern was being told to let employees enter the plant, regardless of if they were sick or not.

 

“They said we were short-staffed, and we need to start letting people go in,” she said.

 

Buck described strategies she was given to pressure JBS employees to enter the facility.

 

“First, we were told to threaten them with no pay,” she said, adding that management intimidated her into clearing employees who had concerning symptoms. “I got chewed out for sending a girl home that was coughing so bad she couldn’t even talk.”

 

She added: “I even had one guy one time try to tell me he was sick, and I called for an interpreter, and they said, ‘no, just send him to work. We don’t have time to interpret right now.’”

 

Buck was specifically hired after the Colorado Department of Public Health and Environment (CDPHE) suggested that JBS screen all employees before they enter the plant. The recommendation followed the JBS plant closure in April of this year after it was deemed a “hot spot” by the state.

 

“I had two upper managements come to me, the head of safety and HR, and tell me I should not be sending people home anymore, just clear them through,” she said.

 

Buck tells Denver7 Investigates that as her frustration continued to mount, she decided to quit her job.

 

“I called them and said, ‘you know I’ve complained to you guys several times,” she said. “I took an oath to do no harm. And when they are telling me to forget my oath and put people’s lives at risk, I am not going to do it.”

 

Timeline at JBS ...

 

Governor Responds ... 

 

Screening Issues and Concerns ... 

 

Culture of Denial ... 

 

JBS Response ... 

 

more, including links

https://www.thedenverchannel.com/news/investigations/whistleblower-says-covid-19-screening-process-at-jbs-plant-places-employees-in-danger

 

 

‘We Don’t Want Other People to Suffer’: JBS Families Wait, Fight And Hope For Accountability

 

By Lindsay Fendt, Colorado Public Radio

October 14, 2020

 

On Saturday, March 20, Saul Sanchez, 78, woke up and went into work for an extra shift at the JBS meatpacking plant in Greeley.

 

He was unusually tired and had gone to bed the night before without eating, but Sanchez had worked on the plant's fabrication line for 30 years and wasn’t one to miss a shift.

 

It would be the last shift of his life.      

 

“He probably wasn’t even feeling better,” said Sanchez’s daughter, Beatriz Rangle, 53. "He just went to work because that's him. He's very responsible, very committed."

 

As he sliced meat on the line that day, the coronavirus was wreaking havoc on his lungs. Sanchez wound up in the hospital two days later and by the end of the week was put on a ventilator. He died on April 7.

 

Sanchez was just one of six of the plant’s workers who died of COVID-19 in the early days of the pandemic, among 291 JBS workers who were infected. But despite the well-documented incidence of COVID-19 within the plant, JBS has denied that some of the worker’s infections were work-related. Via a third-party claims administrator, the company has rejected the worker’s compensation claim from Sanchez’s widow and other JBS workers.

 

"The worker’s compensation claim denials were issued by our third-party claims administrator consistent with the Colorado Workers’ Compensation Act,” Nikki Richardson, a spokesperson for JBS said via email. In response to other questions she added, “We don’t comment on active legal proceedings."

 

At least three families are bringing their cases to court, according to lawyers contacted for this story. Money for medical bills, funeral costs and lost salaries are on the line in the cases, but for the families, the court challenge is also about seeking accountability for JBS.

 

"It's been a huge learning curve for our family and I never thought we'd be put in this position,” said Rangle, through tears, “But we don't want other people to suffer the same thing my dad did. That’s what my dad would have wanted us to do, to keep protecting the people he worked with.”

 

Accusations of negligence at JBS ...

 

The burden on Colorado workers ...

 

more, including links   

https://www.cpr.org/2020/10/14/jbs-meatpacking-plant-coronavirus-cases-families-fight-for-accountability/