Vandalism at the Supreme Court of Brazil caused by supporters Bolsonaro in Brasilia. — ©2023 The New York Times Company
IT has been a bad year for Jair Bolsonaro.
He lost reelection as Brazil’s president. Thousands of his supporters stormed Brazil’s halls of power. And he was blocked from holding elected office for seven years. Now things could soon get worse: across Brazil, both his critics and supporters speculate that the next twist might be his arrest.
Bolsonaro, 68, has become ensnared in a series of investigations into fraud and election tampering that have already landed some of his closest allies in jail and that, over the past several weeks, appear to be closing in on him.
But one case may pose the biggest threat to the former president in the near term, and it revolves around an alleged scheme that resembles a small-scale mafia scam: selling embezzled watches at a shopping mall outside Philadelphia.
Last month, Brazilian federal police carried out raids as part of an investigation into what it says was a broad conspiracy by Bolsonaro and several allies to embezzle expensive gifts he received as president from Saudi Arabia and other countries. In one case, authorities accuse Bolsonaro’s personal aide of selling a diamond Rolex watch and a Patek Philippe watch to a jewellery shop at the Willow Grove Park Mall in Pennsylvania last year.
Bolsonaro ultimately received at least some of the US$68,000 from the sale in cash, federal police officials said.
In an interview, Bolsonaro’s lawyer, Paulo Cunha Bueno, said that whether Bolsonaro attempted to sell the diplomatic gifts is irrelevant because a government panel had previously ruled that much of the jewellery is Bolsonaro’s personal property, not the state’s.
Some other experts in Brazilian law said such expensive gifts are clearly state property and that Bolsonaro appeared to be in legal trouble.
“To me, it seems very unlikely that the president would not be criminally charged for embezzlement,” said Miguel Reale, Brazil’s former minister of justice under a different president. Such a charge can carry penalties of up to 12 years in prison, he said. “It’s quite a delicate situation for the president.”
The case is yet another parallel between Bolsonaro and former US President Donald Trump. Two far-right, nationalist leaders who attacked their nation’s democratic institutions, they both have now been accused of mishandling foreign gifts they received as president.
House Democrats have accused the Trump White House of failing to properly document more than 100 foreign gifts worth more than US$250,000 combined.
Bolsonaro during the Summit of the Americas in Los Angeles. — ©2023 The New York Times Company
At the time of the House report in March, those gifts were ultimately accounted for, save for two: golf clubs from the former prime minister of Japan, Shinzo Abe, and an 2.4m-tall painting of Trump from El Salvador’s president, Nayib Bukele. Trump later said he found at least one of the golf clubs in a locker, and The New York Times found the missing painting in a back room at a Trump hotel in Miami.
Like Trump, Bolsonaro’s history with foreign gifts is hardly his only legal problem. Other investigations into Bolsonaro have heated up in recent weeks.
There are probes into his possible involvement in the Jan 8 riot in Brazil’s capital, a scheme to falsify his Covid-19 vaccine records, an alleged plot to bug a supreme court justice, and accusations that he ordered police to pull over his rival’s voters on election day.
Recently, a hacker testified to Brazil’s Congress that Bolsonaro urged him to hack into the country’s election system to show it was unsafe before the 2022 presidential election.
Bolsonaro denies wrongdoing in each case, saying the allegations are fabricated and political persecution. Each could carry serious criminal consequences for Bolsonaro.
Bolsonaro’s troubles with foreign gifts began in 2021 when Brazilian customs officials seized more than US$3mil worth of undeclared jewels from the backpack of a Brazilian government official returning from an official visit to Saudi Arabia.
The official said the jewels were a gift from Saudi officials for Bolsonaro and his wife, Michelle. Jair Bolsonaro later made several attempts to recover the jewels, according to multiple Brazilian news outlets, including Estadao, which first reported on the seizure.
That case began a federal investigation into Bolsonaro’s handling of foreign gifts that, according to investigators, has revealed broad embezzlement and money laundering.
In one incident, police officials said, Bolsonaro’s personal aide, Lt-Col Mauro Cid, tried to sell an 18-carat gold set from the luxury brand Chopard, including a ring, cuff links and an Arabic rosary, at a New York auction house called Fortuna.
In a “Valentine’s Day” auction in February, Fortuna listed the set, which police said was a gift from the Saudi government, for US$50,000, with an estimated value of up to US$140,000. It did not sell.
Cid and other aides attempted to sell various other items, police said, but only succeeded with the watches.
In June 2022, while in the United States after Bolsonaro’s trip to the Summit of the Americas, Cid sold the Rolex and Patek Philippe watches to Precision Watches & Jewelry in Willow Grove, Pennsylvania, police said.
The owner of Precision Watches said the transaction was ordinary and that he had cooperated with authorities. Fortuna did not respond to a request for comment.
Brazilian law allows for presidents to keep some gifts of a personal nature, such as a custom hat, but they cannot be of high value and they specifically cannot be a valuable jewel, said Bruno Dantas, the head of Brazil’s watchdog court, the effective auditor of the federal government. “
If it’s a diamond necklace with the president’s name on it, he can’t have that,” Dantas said.
To help decide, the president asked a government-appointed panel, which ruled that most of the jewellery that Bolsonaro’s aides attempted to sell was of a personal nature.
Bueno, Bolsonaro’s lawyer, said that makes that jewellery Bolsonaro’s property.
“He can sell them,” he said. “And if he dies, the assets go to his heirs.”
Dantas said the government panel erred; it should have been obvious that such expensive gifts are state property. — ©2023 The New York Times Company
