Operation Influencer

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Operation Influencer (Portuguese: Operação Influencer) is an ongoing investigation ordered by Portugal's Public Prosecution Service, regarding possible corruption in deals involving members of the Portuguese government.[1][2][3] Portugal's Public Prosecutor's Office alleges that Start Campus, the company running the €3.5 billion data centre project Sines 4.0, sought to secure favourable decisions from public officials via influence peddling (hence the investigation's name), which is a criminal offence in Portugal. Opposition politicians supporting the prosecutors argue that such practices, involving favour-seeking in which businesses bypass regulations, are not fair or in line with good governance. The same judge who stated that there was not strong evidence that businessman Diogo Lacerda Machado and Start Campus provided advantages to Nuno Mascarenhas, the mayor of Sines, dismissed the charges of corruption and malfeasance against the others arrested but said there was evidence of influence peddling by Machado, the Prime Minister's chief of staff Vítor Escária, and two Start Campus executives (chief executive Afonso Salema and chief legal officer Rui Oliveira Neves), both of whom resigned. In a statement released via his legal representative, Machado told the Financial Times: "In all civilised countries and capitalist economies, acting like a lawyer representing clients is not influence peddling."[4]

On 7 November 2023, the Public Prosecution Service ordered a search and seizure in forty-two locations, including the office of the Prime Minister, the Ministry of the Environment and Climate Action, and the Ministry of Infrastructure, in order to investigate active and passive corruption and malfeasance regarding four deals: two concessions for lithium mines in northern Portugal, a project for a green hydrogen production plant and a project for a data centre both in Sines.[5][6] Powered by renewable energy, Sines 4.0 is Portugal's biggest foreign investment in thirty years and showcased the European Union ambition for a green economy, as well as a way to tackle climate change. The searches resulted in the detention of five people, including Escária.[7] João Galamba (Minister of Infrastructure) has been named a formal suspect (arguido), while Prime Minister António Costa is being target of a separate investigation by the country's Supreme Court of Justice.[7] The announcement of the search and arrest operations led to the resignations of António Costa and João Galamba, and the fall of the XXIII Constitutional Government of Portugal.[7][8]

The investigation has attracted criticism for the prosecutors admitting several mistakes, including confusing the name of António Costa (Prime Minister) with that of António Costa Silva (Minister of the Economy), leading some critics and observers to wonder if other mistakes have been made and whether the downfall of António Costa as Prime Minister was necessary. António Costa maintained that "whatever Lacerda Machado has done, he has never done it with my authorisation, a prime minister has no friends". Paula Espírito Santo, Professor of Social and Political Sciences at the University of Lisbon, commented: "Throughout his administration, Costa stuck to the principle of not resigning when it came to members of his government. He kept them until the last minute, until the pressure was too high. But when it came to himself, he resigned immediately, he didn't follow this principle."[9]

Background[edit]

Concession for lithium mine in Montalegre[edit]

On 28 March 2019, a concession agreement was signed between the Portuguese government and Lusorecursos Portugal Lithium, a company established three days prior to the contract signing, for lithium extraction in the Romano mine, in the municipality of Montalegre.[10] The authorisation for the concession was granted by then Secretary of State of Energy João Galamba and then Minister of the Environment João Pedro Matos Fernandes.[11] The company announced a mixed exploration project, with an initial phase of open-air mining, later turning into underground mining, and the construction of a refinery. Prospection of the region in the prior years revealed a deposit of 30 million tons of lithium.[12]

The local population was opposed to the project, citing concerns over the open-air exploration, the size of the mine, and its environmental, health, and agricultural consequences.[10] On 7 September 2019, the Portuguese Environment Agency (APA, Portuguese: Agência Portuguesa do Ambiente) released an environmental impact report that was favorable to the project. Several legal actions in late 2019 and subsequent environmental impact reports by the Avaliação de Impacte Ambiental stalled the project.[10]

Concession for lithium mine in Boticas[edit]

The concession contract for the mined production of lithium in the Barroso mine, in Boticas, was signed on 22 February 2017 between Savannah Lithium and the Directorate-General of Energy and Geology (DGEG, Portuguese: Direção-Geral de Energia e Geologia).[13] In June 2019, Portuguese ENGO Quercus denounced the lithium mine project to UNESCO alleging a "severe threat to the agricultural system of the Barroso region".[10] In December 2019, the Municipal Assembly of Boticas approved a motion against the lithium mining in the municipality, alleging "irreversible damage" in the landscape and livelihood of the populations.[13]

In June 2020, Savannah Lithium submitted an environmental impact report for the Barroso mine, which received in 2022 a unfavourable review from the evaluation commission of the Portuguese Environment Agency (APA). Nevertheless, the project was reformulated and re-submitted for evaluation and included an extensive list of measures to eliminate, mitigate, or minimise impacts. On 31 May 2023, a favourable environmental impact report was emitted by the APA, a decision that was contested by the Municipality of Boticas, environmental organisations, and some members of the local population.[13]

H2Sines project[edit]

The H2Sines is a project for an industrial cluster in the port city of Sines for production of green hydrogen, backed by several companies in the energy sector, including EDP, Galp, REN, Martifer, and Vestas.[14] In July 2020, the H2Sines project was selected by the Portuguese government for application to the status of Important Project of Common European Interest (IPCEI) in the European Union. [14]

In November 2020, there were reports that Portugal's Public Prosecution Service was heavily scrutinising the relationships between members of the government and members of the private companies that were part of the consortium in charge of the project.[14] Pedro Siza Vieira, Minister of State, Economy, and Digital Transition, and João Galamba were then allegedly being investigated over traffic of influence and corruption, amongst other economical-financial crimes.[14]

Sines 4.0 data centre[edit]

Start Campus, a joint venture of Davidson Kempner Capital Management and Pioneer Point Partners, announced in 2021 the plan to build the Sines 4.0 hyperscaler data centre that runs on renewable energy in Sines.[15]

Investigation[edit]

According to Público, the investigation from the Public Prosecution Service that is now known as Operation Influencer was opened after the airing of a report in the RTP investigative journalism show Sexta às 9 in April 2019. The report was about suspicions concerning the concession contract for the exploration of the Romano lithim mine in Montalegre.[16]

The São Bento Mansion, official residence of the Prime Minister of Portugal, was one of the places were searches were conducted.

On 7 November 2023, the Public Prosecution Service ordered searches in seventeen private properties, five lawyer offices, and twenty public and company offices in order to investigate possible active and passive corruption and malfeasance in the deals regarding the Romano mine in Montalegre, the Barroso mine in Boticas, and the H2Sines and the Sines 4.0 data centre projects in Sines. The public offices raided included the office of the Prime Minister's chief of staff in the São Bento Mansion (official residence of the Prime Minister), the Ministry of Infrastructure, the Ministry of Environment and Climate Action, the State Secretariat of Energy and Climate, the câmara municipal of Sines, and the national headquarters of the Socialist Party.[6][17][18]

Arrest warrants were issued for António Costa's chief of staff Vítor Escária, the Sines mayor Nuno Mascarenhas, Diogo Lacerda Machado (a lawyer and close friend of António Costa that was working with Start Campus), and two other executives from Start Campus, Afonso Salema and Rui de Oliveira Neves.[19] According to the prosecutor's office, the arrests were made because they represented a flight risk and to protect evidence.[6][17][20]

João Galamba, the infrastructure minister, and Nuno Lacasta, president of the APA, are formal suspects.[7] On 9 November, João Tiago Silveira, a former Secretary of State in past Socialist Party governments, was added to the list of formal suspects;[2] there is a total of nine formal suspects.[19] António Costa, the prime minister, is the target of an autonomous investigation by Portugal's Supreme Court of Justice over suspicions of intervening in the unblocking of procedures regarding the lithium mines and green hydrogen plant deals.[6][21] The investigation was officially named Operation Influencer by the Public Prosecution Service on 9 November 2023.[3]

78,000 euros in cash were found in Vítor Escária's office in the São Bento Mansion, hidden in books and wine boxes.[22][23] When asked about this, his lawyer assured that the money found is not illegal. António Costa sacked Escária after learning about the money found in his office, replacing him with Tiago Vasconcelos.[24] The money in his office was later proven to have no relation to the lithium and green hydrogen deals.[25] On 13 November 2023, the five defendants who were arrested as part of Operation Influencer were allowed to wait for their trial in freedom. Escária had to surrender his passport and was also prohibited to leave Portugal. On 14 November, Escária announced that he was going to appeal against the coercive measures imposed on him.[26]

Consequences[edit]

António Costa announcing his resignation on 7 November 2023

The announcement of the investigations on 7 November 2023 caused immediate political turmoil, with some opposition parties asking for the resignations of João Galamba and António Costa.[27][28][29] Costa met with president Marcelo Rebelo de Sousa twice before announcing his resignation in a televised statement in the afternoon. He said he would not run again for office and would remain in caretaker duties until the next legislative elections.[7][30][31]

On 9 November, after meeting with the Council of State and talking with the political parties represented in the Assembly of the Republic, president Rebelo de Sousa announced snap elections to be held on 10 March 2024. Because the 2024 government budget debate was still underway in the parliament and by law elections need to be held within 60 days of the dissolution of the parliament, president Rebelo de Sousa opted for dissolving the parliament after the final vote on the 2024 budget bill due on 29 November.[32] On 13 November, João Galamba resigned from his position of Minister of Infrastructure.[8] The project for the Barroso mine in Boticas was not affected by the investigations and is advancing towards the execution phase.[33]

See also[edit]

References[edit]

  1. ^ "Conversas de Costa com principais suspeitos 'apanhadas' em escutas". SIC Notícias (in Portuguese). 8 November 2023. Archived from the original on 9 November 2023. Retrieved 9 November 2023.
  2. ^ a b "Operação Influencer: há mais um nome na lista de arguidos". SIC Notícias (in Portuguese). 9 November 2023. Archived from the original on 9 November 2023. Retrieved 9 November 2023.
  3. ^ a b "Operação Influencer: quem são os nove suspeitos na mira do Ministério Público e que ligações têm entre eles?". Expresso (in Portuguese). 9 November 2023. Retrieved 9 November 2023.
  4. ^ Jopson, Barney (3 December 2023). "'Operation Influencer': Portugal's PM undone by wiretaps, lavish dinners and pile of cash". The Irish Times. Retrieved 15 March 2024.
  5. ^ Goncalves, Sergio (7 November 2023). "FACTBOX Deals targeted in corruption probe that led Portugal PM to step down". Reuters. Archived from the original on 9 November 2023. Retrieved 9 November 2023.
  6. ^ a b c d "Buscas e detenções". Departamento Central de Investigação e Ação Penal (in Portuguese). 7 November 2023. Archived from the original on 7 November 2023. Retrieved 7 November 2023.
  7. ^ a b c d e Demony, Catarina; Khalip, Andrei (7 November 2023). "Portuguese PM steps down amid lithium, hydrogen corruption probe". Reuters. Archived from the original on 7 November 2023. Retrieved 7 November 2023.
  8. ^ a b "João Galamba já não é ministro das Infraestruturas". Rádio e Televisão de Portugal (in Portuguese). 13 November 2023. Retrieved 13 November 2023.
  9. ^ Llach, Laura (17 November 2023). "What went wrong with the investigation that toppled Portugal's PM?". Euronews. Retrieved 15 March 2024.
  10. ^ a b c d "Tudo sobre a polémica mina de lítio em Montalegre". Diário de Notícias (in Portuguese). 7 November 2023. Archived from the original on 7 November 2023. Retrieved 7 November 2023.
  11. ^ "Caso do lítio. Que negócios levaram Galamba a arguido e Costa a demitir-se? - Renascença". Rádio Renascença (in Portuguese). 7 November 2023. Archived from the original on 8 November 2023. Retrieved 8 November 2023.
  12. ^ "Prospection wants to deposit 30 million tons of lithium in Montalegre". Navva.org. 8 September 2018. Archived from the original on 7 November 2023. Retrieved 7 November 2023.
  13. ^ a b c "Como tudo começou, o processo "pouco transparente" na contestada mina de lítio em Boticas". SAPO 24 (in Portuguese). Retrieved 12 November 2023.
  14. ^ a b c d Batalha Oliveira, Ana (7 November 2023). "Lítio, hidrogénio e dados. Os negócios na mira da justiça". ECO (in Portuguese). Archived from the original on 7 November 2023. Retrieved 7 November 2023.
  15. ^ "Start Campus announced the Sines 4.0 located in Sines Tech". 26 April 2021. Archived from the original on 7 November 2023. Retrieved 7 November 2023.
  16. ^ Oliveira, Mariana (18 November 2023). "Operação Influencer já não está em segredo de justiça para os arguidos". Público (in Portuguese). Retrieved 19 November 2023.
  17. ^ a b Alves, Helena; Wilson, Joseph (7 November 2023). "Portugal's prime minister resigns as his government is involved in a corruption investigation". AP News. Archived from the original on 7 November 2023. Retrieved 7 November 2023.
  18. ^ "Sede nacional do PS foi um dos 42 alvos das buscas". Jornal de Notícias (in Portuguese). Archived from the original on 9 November 2023. Retrieved 8 November 2023.
  19. ^ a b Ambrósio de Sousa, Filipa (13 November 2023). "Juiz da Operação Influencer deixa cair indícios de corrupção. Apenas tráfico de influências". ECO (in Portuguese). Retrieved 19 November 2023.
  20. ^ "Portuguese prime minister resigns amid corruption inquiry". The Irish Times. Archived from the original on 8 November 2023. Retrieved 8 November 2023.
  21. ^ "Primeiro-ministro investigado em inquérito autónomo no Supremo Tribunal de Justiça". Diário de Notícias (in Portuguese). 7 November 2023. Archived from the original on 7 November 2023. Retrieved 7 November 2023.
  22. ^ Lopes, Maria (9 November 2023). "Escondidos em livros estavam 75.800 euros em dinheiro no gabinete de Vítor Escária". Público (in Portuguese). Retrieved 15 November 2023.
  23. ^ Portugal, Rádio e Televisão de (11 November 2023). "Operação Influencer. Vítor Escária ouvido este sábado". Operação Influencer. Vítor Escária ouvido este sábado (in Portuguese). Retrieved 15 November 2023.
  24. ^ "Costa exonera chefe de gabinete Vítor Escária e nomeia Tiago Vasconcelos". TSF Rádio Notícias (in Portuguese). 9 November 2023. Retrieved 15 November 2023.
  25. ^ "Vítor Escária. Cai a ligação dos 75 mil euros aos crimes do caso do hidrogénio e lítio". Rádio e Televisão de Portugal (in Portuguese). 11 November 2023. Retrieved 15 November 2023.
  26. ^ Renascença (14 November 2023). "Operação Influencer. Vítor Escária vai recorrer das medidas de coação - Renascença". Rádio Renascença (in Portuguese). Retrieved 15 November 2023.
  27. ^ "Crise política? "Não há qualquer dúvida da gravidade"". SIC Notícias (in Portuguese). 7 November 2023. Archived from the original on 7 November 2023. Retrieved 7 November 2023.
  28. ^ Marques, Bianca (7 November 2023). "Buscas no Governo: André Ventura pede demissão imediata de Galamba". O Jornal Económico - Notícias, Economia, Política, Empresas, Mercados e Opinião (in Portuguese). Archived from the original on 7 November 2023. Retrieved 7 November 2023.
  29. ^ "Iniciativa Liberal pede que Presidente da República dissolva o parlamento se António Costa não se demitir". Diário de Aveiro (in Portuguese). Archived from the original on 7 November 2023. Retrieved 7 November 2023.
  30. ^ Jones, Sam (7 November 2023). "Portuguese PM António Costa resigns amid corruption inquiry". The Guardian. ISSN 0261-3077. Archived from the original on 7 November 2023. Retrieved 7 November 2023.
  31. ^ "Portugal's president dissolves parliament and calls an early election after prime minister quit". The Washington Post. 9 November 2023. ISSN 0190-8286. Retrieved 9 November 2023.
  32. ^ Goncalves, Sergio; Demony, Catarina; Demony, Catarina (9 November 2023). "Portuguese president calls snap election, leaves time to approve budget". Reuters. Archived from the original on 9 November 2023. Retrieved 9 November 2023.
  33. ^ "Operação Influencer não travou projeto do Lítio em Boticas. Processo continua a avançar para fase de execução". CNN Portugal (in Portuguese). Retrieved 17 November 2023.