Direcția Națională Anticorupție

MINISTERUL PUBLIC

PARCHETUL

DE PE LÂNGĂ

ÎNALTA CURTE DE CASAȚIE ȘI JUSTIȚIE

 
IMPARȚIALITATE·INTEGRITATE·EFICIENȚĂ

September, 26th, 2014
No. 1342/VIII/3

PRESS RELEASE



The Chief Prosecutor of the National Anticorruption Directorate – Mrs. Laura Codruţa Kovesi notified the Prosecutor’s Office attached to the High Court of Cassation and Justice in order for them to notify the President of Romania, the Senate, the Chamber of Deputies and the European Parliament, for the drafting of request for the start of the criminal investigation against 9 people who, during the time they are suspected to commit the offences, were acting as ministries.
In accordance with the legal and constitutional provisions, the Chief Prosecutor of the National Anticorruption Directorate notified the General Prosecutor within the Prosecutor’s Office attached to the High Court of Cassation and Justice the official report in order for them to notify the Senate, respectively the Chamber of Deputies for drafting the request for the start of criminal investigation against the following:

ECATERINA ANDRONESCU (presently acting as a senator – Romanian Parliament), Minister of Education and Research during the 28th of December 2000- the 19th of June 2003; the 22nd of December 2008 – the 1st of October 2009; the Minister of Education, Research and Innovation during 2008-2012, charged for the following offences: abuse of office, taking bribe, traffic of influence and money laundry, all committed during the time she was acting as a Minister.
VREME VALERIAN (presently acting as a deputy), Minister of Communications and Informational Society, during September 2010 - February 2012, charged for the offence of abuse of office committed during the time he was acting as a Minister.
MIHĂILESCU PETRU ŞERBAN (presently a Senator – Romanian Parliament), Minister Coordinator of SGG during December 2000 – October 2003, charged for the following offences: instigation to abuse of office, traffic of influence and money laundry, all committed during the time he was acting as a Minister.

The Chief Prosecutor of the National Anticorruption Directorate notified the General Prosecutor attached to the High Court of Cassation and Justice the official report, according to the legal and constitutional provisions, in order for them to notify the European Parliament, for the drafting of request for the start of the criminal investigation against

NICA DAN (presently a Member of the European Parliament) Minister of the Communication and Information Technology during 2000 – July 2004, for perpetrating the following offences: abuse of office, taking bribe, traffic of influence and money laundering.

In accordance with the legal and constitutional provisions, the Chief Prosecutor of the National Anticorruption Directorate notified the General Prosecutor attached to the High Court of Cassation and Justice in order to notify the President of Romania, for the drafting of request for the start of the criminal investigation against:

ŢICĂU ADRIANA, a Minister of Communications and Informational Society during July- December 2004

SANDU GABRIEL, a Minister of Communications and Informational Society during December 2008 – September 2010

FUNERIU PETRU – DANIEL, a Minister of Education and Research during 2009 – 2012

ATHANASIU ALEXANDRU, a Minister of Education and Research during 2003 – 2005

TĂNĂSESCU MIHAI NICOLAE, a Minister of Public Finances during 2000 -2004

The request regarding the start of the criminal investigation takes into account the fact that, at this moment, there are aspects leading to the reasonable suspicion describing the following state of facts:

The National Anticorruption Directorate was notified on the 5th of June 2013 by the Control Body of the Prime – Minister, following an inspection conducted to the Ministry for Information Society and to the Ministry of Education, regarding the leasing of educational licenses. Since the Control Report lead to clues regarding the illegal closing of the commercial contract for leasing licenses no. 0115RO/dated on the 15th of April 2004, which was later extended for Microsoft educational products, the addenda to this contract and the contracts related to the implementation of the "IT Bases Educational System" (SEI) program were illegally concluded, the National Anticorruption Directorate notified ex-officio about the perpetration of offences of abuse of office and of corruption offenses in connection with the execution of these contracts.
Thus, there are evidences leading to the fact that Ministers Nica Dan, Mihăilescu Petru Şerban, Adriana Ţicău, Athanasiu Alexandru, Tănăsescu Mihai Nicolae şi Gabriel Sandu practiced his office duties in bad faith, contributing to the closing of the framework licensing contract dated on the 15th of April 2004 under onerous conditions for the state budget. Thus, he made it possible to embezzle the approximately 47% discount given by Microsoft to the Romanian Government, and subsequently allowing the payment of commissions to the people involved. Moreover, there are clues leading to the fact that the above mentioned people requested and received amounts of money for practicing their office duties in bad faith and to intercede with other people in order to favor Fujitsu Siemens Computers in connection with the closing and implementation of Microsoft licensing contract.
Thus, Microsoft framework licensing contract was closed for a 40% higher price than the real price by violating the law regarding public procurement and by falsely pretending that Fujitsu Siemens Computers is a sole distributor, based on an unjustified needed number of licenses.
The extension regarding the educational products was also achieved by breaching the legal provisions regarding the public procurement, taking into account that the object of the framework contract was the licenses for public administration and that Fujitsu Siemens Computers was not a distributor of educational products, while private companies benefited from the discount granted by Microsoft to the Romanian Government.
Moreover, according to the comfort letters and the promissory notes issued, the Romanian Government was guaranteeing the loan, while Fujitsu Siemens Computers, alleging that they came with a financing offer, they were not even depositing a guarantee for the good execution of the contract.
The investigations lead to the conclusion that out of the 54 million USD, paid by the Romanian Government based on the framework contract and its extension in November 2004, the amount of 20 million USD represented commissions claimed by the people within the Romanian Government, ministries and companies involved in the implementation of the project.

Also, the evidence administrated up to this stage of the research and the drafted control documents, indicate that the closing and the implementation of the leasing of Enterprise Agreement Subscription type Microsoft licenses with the consortium D-CON.NET (MCSI MS-EAS) was achieved by having the Ministers Daniel Petru Funeriu and Gabriel Sandu violating the legal provisions regarding public procurements, without an economical and technical justification, aiming to favor certain companies.
There are clues indicating that the value of products and services was overestimated in order to include the commissions requested by the people involved in the signing and implementation of the contract.

Also, the investigations regarding the „IT Based Educational System” (SEI) Program regarding the implementation of the alternative computer assisted education system for the endowment of schools with IT labs, for an estimated value of 200 million USD, lead to reasonable clues regarding the abuse of office, as well as the perpetration of corruption acts by the involved people.
Thus, the acquisition prices of the software solutions are not justified and they exceed the market prices, there are no clear specifications of the purchased products, and the lack of a real tender lead to exaggerated acquisition prices, for both equipment and software.
The administrated evidence indicated that the procurement procedure was restricted, while by closing of the contract and accepting its assignment was to favor SIVECO Company and its partner companies, while the published technical specifications of the deliverables lead to IBM or Compaq and the technical specifications for software lead to SIVECO. The procurements within SEI Program were made for prices up to 50% higher. The continuation of the project with SIVECO within stage IV was due the burdening conditions of the ongoing financial leasing contract, although the control papers were recommending carrying out a public procurement procedure.

The administrated evidence in this case proved the existence of a mechanism aiming to create a profit as high as possible for the subcontracted companies. Out of this profit and by means of off-shore companies, the amounts of money necessary to pay the bribes were withdrawn, by means of fictive contracts of services. The amounts of money for bribes were paid either through bank transfers in the companies nominated by the people representing the contracting authority, or they were withdrawn in cash from the banks outside the Romanian territory and brought in cash in the country by using different middlemen, all these being made with the sole purpose to hide the incomes.

As result, the following steps were required:
1.To notify the European Parliament with the request to draft the request to start the criminal investigation against:
NICA DAN, Minister of the Communication and Information Technology during 2000 – July 2004 and presently a Member of the European Parliament, for perpetrating the following offences: abuse of office, taking bribe, traffic of influence and money laundry, for perpetrating the following acts:
he approved the budget for the implementation of the "IT Based Educational System" and for the project regarding Microsoft licensing; he initiated and countersigned Government Decisions aiming to favor the Fujitsu Siemens Computers and SIVECO companies or their partner companies; he established through a Memorandum the companies selected to participate in the implementation of the project, stating in false they are part of a consortium; he set the percentages of participation in the project in favor of certain companies; he accepted SIVECO to further assign the contract, even though he had claimed the need to purchase from the same source; he facilitated for SIVECO and its partners the closing of the contract in terms of lack of competition, concluding the contract under unfavorable condition for the Ministry. His actions caused prejudices to the state budget as result of the purchase of services and products at prices higher than their market value: 30-40% more expensive licenses, computers and software 50% more expensive than for the same products or similar products on the market.
During April-November 2004, he requested and received a part of the amount of USD 20 million paid by Fujitsu Siemens Computers into the accounts the of some off - shore companies, as consultancy and technical assistance services related to the contract concluded with the Romanian Government in exchange for him using his influence for the contract to be closed under the terms proposed by Fujitsu Siemens Computers.

2.To notify the President of Romania with the request to start the criminal investigation against:
ŢICĂU ADRIANA, acting as a Minister of Communications and Informational Society during July - December 2004, for the perpetration of offences of abuse of office, taking bribe, traffic of influence, money laundry, by proceeding to the approval of the budget for the implementation of the Program "IT Based Educational System" and respectively for the project regarding the Microsoft licensing; she initiated and countersigned Government Decisions aiming to favor the Fujitsu Siemens Computers and SIVECO companies or their partner companies; her acts lead to the prejudice of the state budget as result of the purchase of services and products at prices higher than their market value: 30-40% more expensive licenses, computers and software 50% more expensive than for the same products or similar products on the market.

SANDU GABRIEL, acting as a Minister of Communications and Informational Society during December 2008 – September 2010, for the perpetration of offences of abuse of office, taking bribe, traffic of influence, money laundry, for initiating and countersigning the Government Decision no.460 dated on the 15th of April 2009 for appointing the competence of MCSI to implement an open tender procedure, restricted access tender or negotiation with the previous publication of a participation announcement, according to case, aiming to close a frame-work agreement regarding the acquisition of the right to use software products by renting with an option to purchase. Also, for closing the framework agreement with the Association CON.NET (leader), D-CON.NET GmbH, COMSOFT DIRECT AG, BECHTLE HOLDING SCHWEIZ, DOM SOFT SRL, under the circumstances in which the procurement documents included restrictive criteria aiming to favor the above mentioned association and without taking into account the prices requested by them with regards to those requested by Microsoft in relation with SC DIM SOFT SRL and later on by SC DIM SOFT SRL in relation with D-CON.NET GmbH; he claimed from a lawyer the amount of 1.800.000 Euro to ensure the continuation of the Microsoft licensing contract; he claimed and received from a person, through a middleman, the amount of 3,000,000 Euro, money transferred to an off – shore company, to intercede for the D-CON.NET (leader), D-CON.NET GmbH, COMSOFT DIRECT AG, BECHTLE HOLDING SCHWEIZ, DOM SOFT SRL Association the closing of the framework agreement for 2009-2012 for the procurement of the right to use software products by leasing with a buying option;

FUNERIU PETRU – DANIEL, acting as a Minister of Education and Research during 2009 – 2012, for perpetrating the offence of abuse of office, consisting in signing and promoting for approval the „Note regarding the Microsoft licenses used by MECTS in schools”, regulating, against the legal provisions regarding public procurement and the contractual clauses in the Framework Agreement no. 32 from the 12th of August 2009, that it „allows the closing of a subsequent contract regarding the additional number of MECTS licenses for schools”, all these under the circumstances in which HG no.460/2009 did not regulate the situation of licenses aimed to the education units. As a consequence, a contract was closed for the providing of products no.108 from the 17th of August 2011, based on which MCSI made total payments of 8,825,673,50 euro; through the official documents no.10126 dated on the 19th of January 2011 and no.12211 dated the 5th of July 2011, ordered to MCSI to lease a number of 179,259 licenses for ProDesktop packs and 6,828 licenses for Windows Server operating systems while the number of de licenses was decided by ignoring the computer hardware configuration, by counting the work stations and servers purchased during 2001-2008 through the programs SEI1 – SEI5 and rural; on the 17th of August 2011, closed a contract for providing products, thus MCSI was forced to pay the price for the total number of 179,259 licenses higher with 72,990 regarding the number of licenses used in the educational system with regards to the number of computers compatible with the new software products, leading to a new payment obligations for a price of about 5,4 million Euro higher than the price for renting the licenses effectively used;

ATHANASIU ALEXANDRU, acting as a Minister of Education and Research during 2003 – 2005, for the perpetration of offences of abuse of office, taking bribe, traffic of influence, money laundry, by approving the budget for the implementation „IT Based Educational System” Program and respectively for the project regarding the Microsoft licensing; she initiated and countersigned Government Decisions aiming to favor the Fujitsu Siemens Computers and SIVECO companies or their partner companies; her acts lead to the prejudice of the state budget as result of the purchase of services and products at prices higher than their market value: 30-40% more expensive licenses, computers and software 50% more expensive than for the same products or similar products on the market.

TĂNĂSESCU MIHAI NICOLAE, acting as a Minister of Publice Finances during 2000 -2004, for the perpetration of offences of abuse of office, taking bribe, traffic of influence, money laundry, by approving the budget for the implementation „IT Based Educational System” Program and respectively for the project regarding the Microsoft licencing; she initiated and countersigned Government Decisions aiming to favor the Fujitsu Siemens Computers and SIVECO companies or their partner companies; her acts lead to the prejudice of the state budget as result of the purchase of services and products at prices higher than their market value: 30-40% more expensive licenses, computers and software 50% more expensive than for the same products or similar products on the market. During June 2003 – November 2004, for claiming and receiving from 2 people, through middlemen, amounts of money coming from the profit of Fujitsu Siemens Computers CA, as result of the implementation of Microsoft licensing contract. Thus, in July 2004, in the personal account of a family member of the Minister, the amount of 82,000 Euro was transferred, from the account of a company in Liechtenstein, to justify „direct investments of the non-residents in Romania – other capitals – non-banking system”. The investigations indicated that the company in Liechtenstein is controlled by one of the middlemen and received money from a company funded by Fujitsu Siemens Computer.

3. To notify the Romanian Senate with the request to start the criminal investigation against:
MIHĂILESCU PETRU ŞERBAN, Minister coordinator of SGG during December 2000 – October 2003 and presently senator within Romanian Parliament, for the perpetration of offences of abuse of office, taking bribe, traffic of influence, money laundry, by convincing another minister to sign HG no. 1473/2003, HG no. 470/2004 and respectively the de Microsoft licensing contract, respectively by accepting the technical and financial offer transmitted by Fujitsu Siemens Computers, without informing about the legal issues coming from the fact that this company was not the sole distributor of Microsoft licenses and without explaining the price set by Microsoft, the discount provided for the Romanian Government and the selling price of Fujitsu Siemens Computers; during April – November 2004, he claimed and received the amount of 20 million USD paid by Fujitsu Siemens Computers in the account of an off – shore company for consultancy and technical assistance according to the contract closed with the Romanian Government because, based on his influence, to facilitate the contract within the conditions proposed by Fujitsu Siemens Computers;)

ECATERINA ANDRONESCU, acting as a Minister of Education and Research during the 28th of December 2000 – the 19th of June 2003, acting as a Minister of Education and Research and Innovation during the 22nd of December 2008 – the 1st of October 2009 and presently a Senator within the Romanian Parliament, for the perpetration of offences of abuse of office, taking bribe, traffic of influence, money laundry, by approving the budget for the implementation „IT Based Educational System” Program and respectively for the project regarding the Microsoft licensing; she initiated and countersigned Government Decisions aiming to favor the Fujitsu Siemens Computers and SIVECO companies or their partner companies; for deciding through a Memorandum the companies to participate in the achievement of the project, for setting percentages for participation in the project to favor certain companies; for accepting the assignment of the contract by SIVECO, although she stated the need to purchase from the same source; for facilitating for SIVECO and their partner companies the closing of a contract without competitors, closing the contract in onerous conditions for the ministry she was managing; her acts lead to the prejudice of the state budget as result of the purchase of services and products at prices higher than their market value: 30-40% more expensive licenses, computers and software 50% more expensive than for the same products or similar products on the market; during 2001 -2009, she claimed and received from SIVECO and his partners undue benefits consisting in money or computers, for herself or others, for the purpose of facilitating them contracts with the Ministry.

4. To notify the Chamber of Deputies with the request to start the criminal investigation against:
VREME VALERIAN,, acting as a Minister of Communications and Informational Society, during September 2010 - February 2012 and presently a deputy with the Romanian Parliament, for perpetrating the offence of abuse of office, by signing of a subsequent contract regarding the supplementation of licenses for the Ministry of Education, Research, Youth and Sports, for schools – the contract for providing products no.108 dated on the 17th of August 2011 based on which MCSI made total payment of 8,825,673,50 Euro, while HG nr.460/2009 did not regulate the situation of the licenses for educational units, and the price of licenses did not reflect the discount granted by Microsoft, did not take measures regarding the aspects noticed by FTS Romania through the official letter no. 4550/dated on the 2nd of December 2010, regarding the services that were not provided.

It should be mentioned that this stage of the criminal case represents, according to the Criminal Procedure Code, the completion of the criminal investigation and the referral of the indictment to the court, for trial, a situation which cannot, under any circumstances, infringe the principle of presumption of innocence.



THE INFORMATION AND PUBLIC RELATIONS OFFICE