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Sources and documents indicate that Brazil refiners fuelled a terrorist group designated by the United States.

According to documents and a source close to the issue, Brazilian refineries have sold more than 100 million liters (or gallons) of naphtha allegedly to a company under investigation for an alleged fraud scheme that involves a criminal group designated as a terrorist organisation by the U.S.

Documents from the oil regulator ANP reveal that Riograndense was a major supplier. It is a refinery located in southern Brazil, owned by Petrobras (the state-run oil company), Braskem, and Ultrapar.

According to a source close to the investigation, the solvent producer Petrodansk received the naphtha. They were accused by the state of Sao Paulo of diverting the fuel to gas stations as part of a scheme to smuggle fuel and launder money. The scheme was allegedly linked to First Capital Command, Brazil's biggest criminal gang.

The investigation of Petrodansk, its supply chain and the new U.S. crackdown on the group and its suspected sources is exposing the dangers to major players in Brazil's energy sector.

The United States has designated the PCC as a Foreign Terrorist Organization. This designation opens the door for stiffer penalties to be imposed on companies that work directly or indirectly with this gang. However, these tougher sanctions do not apply to activities prior to the terrorist designation.

Riograndense shipped most of its shipments of naphtha to Petrodansk between 2023 and 2024, without the chemical markers required by regulators to prevent fuel fraud. Documents from ANP confirm this. Riograndense claims that the irregularity was due to an unintentional operation failure, which has been corrected.

Petrodansk didn't respond to requests for comments. The firm posted a message on social media denying any wrongdoing and stating that "all clarifications will come at the right time."

Petrobras, Ultrapar and others said that Riograndense was run independently and they were not informed of any investigation by Sao Paulo prosecutors. Braskem didn't respond to a comment request.

Riograndense stated that it had blocked sales to Petrodansk by October 2024, after due diligence revealed potential compliance issues. However, it did not provide any details. The firm added that they met all the legal and regulatory requirements for Petrodansk to supply before then.

MASS MONEY CHANNELING

PCC was formed in a Sao Paulo jail three decades ago. It has since grown to be South America's biggest drug trafficking group. The PCC also operates money laundering operations in the formal economy including real estate, fintech startups, and the fuel sector.

The Centre for Ethics and Compliance, FGV EAESP Business School, said that "Unfortunately, the risk is very real in Brazil today of companies doing business inadvertently with clients connected to the PCC."

The U.S. Office of Foreign Assets Control has placed PCC on its Specially Designated Nationals List for 2021. This means that firms risk violating U.S. sanctions if they transact in any way with PCC which has a U.S. link.

Matteson 'Ellis, the head of the Latin America law practice at U.S. firm Miller & Chevalier, explained that the new terrorist designation increases the severity of the consequences for such business ties. It expands jurisdiction and adds the risk of U.S. civil?liability and criminal prosecution if material support is provided, as well as the potential forfeiture assets.

Ellis continued, "Civil forfeiture" is a power the U.S. Government regularly exercises. Ellis cited the recent seizure of two ships that were bound for Mexico from Asia, and which the U.S. claimed contained precursor materials to meth production.

Washington closed down two commercial bank and a brokerage last year because of their links to Mexican cartels that were designated as terrorists.

FUEL SECTOR EXPOSED

Experts have warned of the risks to Brazil's financial sector, which relies on the U.S. market for global access. However, the Brazilian energy industry has become a hub for drug gangs to launder money.

In August, an investigation by the Brazilian police targeted fraud schemes linked to PCC involving fuel sales worth $10 billion.

Caldic was one of the targets. It is a global chemical distributor owned by Advent International, a U.S. private-equity firm, and now under investigation by Brazilian authorities.

Court documents obtained by the.

Because naphtha has a lower tax rate than gasoline, Brazilian criminals often mix the two illegally in order to increase profits at gang controlled gas stations. This can damage car engines.

When mixed with gasoline, naphtha is nearly impossible to detect. Brazil's oil regulator,?ANP, can detect naphtha with tests to combat illegal blends.

According to an ANP document, however, Riograndense did not include this chemical marker in the 116 million of the 139 millions of liters that it sold Petrodansk from February 2023 until September 2024.

Riograndense, by sending unmarked naphtha to the ANP, made it impossible to verify if the solvent had been illegally transported to gas stations, according to a source involved in the investigation.

Riograndense acknowledged a failure of its marking system in 2024. The firm stated in a press release. It was determined after an internal investigation that the lack in marking was not intentional, but rather a result of an "operational failure".

Riograndense has announced that it has restructured and strengthened its due diligence procedures.

Source: While there is no investigation of refiners at the moment, this could change if it turns out that Petrobras-backed refineries sold unmarked naphtha.

The source said that determining if Riograndense's violation was deliberate is a "great task" for investigators.

Riograndense has said that it was not notified about any investigations.

Fake Solvent Sales

The investigators have a clearer picture about what Petrodansk is said to have done with the naphtha that it received from Riograndense.

Petrodansk has been accused of "diversion of petrochemical naphtha" to gas stations within the Sao Paulo metro region between June 2023 and May 2026. This is according to a document filed by state prosecutors in Sao Paulo.

Investigators claim that Petrodansk sent 'fake receipts for solvent sales' to dozens shell companies in Brazil while actually shipping naphtha, which was then blended with gasoline at gas stations, to fuel distributors.

Investigators have confirmed that several firms which were supposed to receive the solvent don't exist. In one instance, a firm in Sergipe that was run by a drug trafficker on welfare bought 4.7 million liters.

Investigators tracked license plates to find trucks that were supposed to be transporting solvent from Sao Paulo and Petrodansk, the two gas stations investigated, remained there.

(source: Reuters)