Defence on criminal complaint for alleged smuggling of equipment. We are defending the Peruvian subsidiary of Caterpillar (CAT) in a criminal complaint for smuggling filed by the Peruvian Tax Authority (SUNAT). The counterparty alleges that the client did not pay customs when it transferred equipment of Caterpillar Leasing Chile (CLC)—a company from the client’s group—from a special customs treatment zone to a non-special treatment zone.
Lack of direct connection with events under investigation: We entered the case after the investigation had started and found that the client’s legal representative was involved in the investigation. In the defence, we argued that although CLC belongs to the client’s group, neither the CAT nor its legal representative has any direct connection with the events under investigation.
Critical case involving crime against SUNAT: The case is of utmost importance because the crime of smuggling does not allow any form of conclusion without criminal consequences for those investigated. Additionally, in the event of an unfavourable outcome, there is also a potential aggravation of the sentence, as SUNAT is the aggravated party.
World’s leading manufacturer of construction and mining equipment: With nearly 100 years, Caterpillar Inc. is the world’s leading manufacturer of construction and mining equipment, off-highway diesel and natural gas engines, industrial gas turbines and diesel-electric locomotives. CAT does business on every continent and also provides financing and related services.
Latest development: The counterparty agreed with our line of defence and requested the dismissal of the case. We are currently waiting for the court to analyse the counterparty’s request.
