HMF Smart Solutions Gmbh Sucursal del Perú [Counterparty: Comptroller General’s Office of Peru (CGR); Prosecution Service for Corruption Crimes; Rohde & Schwarz Professional Mobil Radio GmbH]

Defence in criminal complaint involving MININTER and PNP’s civil servants. We are defending the Peruvian subsidiary of HMF from a criminal complaint filed by the Prosecution Service for Corruption Crimes against our client, Rohde & Schwarz Professional Mobil Radio, and some civil servants from the Department of Homeland Security (MININTER) and the Peruvian National Police (PNP). Alleged collusion to fraud bidding procedure and corruption: The counterparty alleges that the investigated parties colluded to fraud a bidding procedure for the reception and installation service of the Trunked Communications System. Additionally, the counterparty claims that the client’s operational manager engaged in illicit negotiations and paid PNP’s servants to have the equipment recognised as in compliance with the technical requirements. Presenting abundant evidence of lack of irregularity: Our firm assumed the defence when the investigation against the HMF’s operational manager was already formalised. We have been providing abundant evidence that proves the non-existence of irregularities in both situations and, therefore, of indications of the commission of unfair collusion. Significant case considering client’s constant participation in public tenders: The case is of great importance to the client because, given its line of business, it is constantly involved in public tenders with the State. HMF is a German company and a leading provider of professional communications technologies and solutions. With voice, video, and data capabilities, it provides faster, more secure and versatile connectivity for business and mission-critical users. Latest development: We are currently waiting for the Prosecution Service decision to either dismiss the case or request the indictment of the client.

Matter value – include currency and amount in figures :

Approx. USD 29.2 million

Is this a cross-border matter? If yes, please indicate the jurisdictions involved :

No

Lead partner :

Diego Abeo

Other team members :

Maria Fernanda Gutierrez; Karina Surichaqui

Other firms advising on the matter and their role(s) :

Estudio Ruiz & Avila abogados (Counsel to PNP’s civil servants)

Date of completion or current status :

Ongoing