Displaying items by tag: Corruption

India: Holcim subsidiaries ACC and Ambuja Cements, along with Dalmia Cement, Shree Cement, UltraTech Cement and 15 other Indian cement producers, have violated antitrust laws through price collusion and supply restriction, a Competition Commission of India (CCI) investigation has uncovered. Reuters News has reported that regular price rises in the Indian cement market were the outcome of collusion between producers, which set target prices by district and carried out twice weekly inspections of participant companies’ operations. Senior executives from ACC and UltraTech Cement, among other companies, served as state-wide coordinators. They planned and carried out their deception by means including messaging platform WhatsApp.

ACC and UltraTech Cement, along with ACC’s fellow Holcim subsidiary Ambuja Cements, declined to comment, however Holcim said “The Indian companies are managing this matter responsibly and we expect them to continue to do so accordingly."

Mexico: Cooperativa La Cruz Azul has taken to Twitter to thank the executive and judicial authorities of Mexico City for their work in dismantling the criminal network which had previously taken control of the producer. Prosecutors have indicted former Cooperativa La Cruz Azul legal director Victor N, who went into hiding in July 2020, and an alleged accomplice, Joel N.

Mexico: 200 police officers in 80 police cars arrived outside the gates of Cooperativa La Cruz Azul’s Cruz Azul cement plant in Tula, Hidalgo, on 15 December 2021, but failed to enter the plant. The El Financiero newspaper has reported that the police were following a court order to remove the company from the plant. Supervisory board president Alberto Lopez reasserted the company’s right to occupy the property in line with federal government ordinances. Lopez suggested an alleged collusion between cooperativists and Omar Fayad’s Institutional Revolutionary Party (PRI) Hidalgo state government to decieve the courts.

Authorities have frozen Cooperativa La Cruz Azul’s accounts with outstanding bills of US$800,000 in electricity, gas, equipment and services bills, as well as the payroll of its 1100 workers.

Coopertiva La Cruz Azul chair Federico Sarabia said that the developments threaten the existence of the Cruz Azul plant. He said "In terms of quality, Cruz Azul’s cement exceeds the standard. At the time that Cruz Azul disappears as a cement producer, prices will increase.”

Colombia: The Colombian prosecution service intends to summon former Cemex Colombia chief executive officer (CEO) Carlos Jacks to face charges in relation to the Maceo cement plant corruption case. Jacks was CEO of the company for 24 years and previously headed Cemex operations in Costa Rica, the Dominican Republic and Puerto Rico, according to the Noticias Caracol television channel. A statement made by Camilo González Téllez, the former Legal Vice President, has been used by the prosecutor’s office to press charges against Jacks. So far González is the only senior Cemex executive to have received a custodial sentence in relation to the affair.

In 2016 Cemex fired several senior staff members in relation to the Maceo project and its subsidiary’s chief executive resigned. This followed an internal audit and investigation into payments worth around US$20m made to a non-governmental third party in connection with the acquisition of the land, mining rights and benefits of the tax free zone for the project. Legal proceedings followed in Colombia and the US.

Mexico: Police have received arrest warrants for three leaders of an alleged criminal network which stole 10,000t of cement from Cooperativa La Cruz Azul. The El Universal newspaper has reported that the accused stole the cement by running a parallel accounting system from within the company. They sold the stolen cement via the company Azul Concretos y Premezclados.

Mexico: The board of directors of Cemento Cruz Azul has asserted legal control of its Cementos y Concretos Nacionales (CYCNA) subsidiary cement plants in Puebla and Aguascalientes following accusations of ‘looting’ by partners in the company. In a video statement José Antonio Marín, president of the board of directors, said that the move would give the producer greater control over its operations since all cement would be registered in an internal audit programme, according to the Milenio newspaper. He alleged that some partners of the company had sold cement manufactured at the units independently.

José Antonio Cárdenas has been appointed manager of the CYCNA plants to replace Benito Rodríguez Fayad. Fayad allegedly had links to Cruz Azul’s former director Guillermo ‘Billy’ Álvarez, a former director of the company who is currently being investigated by law enforcement for links to organised crime and money laundering.

US: Cemex says that a class action lawsuit filed with the Southern District Court of New York in 2018 has been dismissed. The legal action was made by a group of investors who allege that they were misled in relation to an alleged corruption case in Colombia. The building materials company said that the decision of the court was final and that the plaintiffs would not be entitled to a new trial,

The legal proceedings followed reports in 2018 that the US Department of Justice had requested information from Cemex about a case of alleged corruption in the construction of the Maceo cement plant in Colombia. In 2016 Cemex fired several senior staff members in relation to the Maceo project and its subsidiary’s chief executive resigned. This followed an internal audit and investigation into payments worth around US$20m made to a non-governmental third party in connection with the acquisition of the land, mining rights and benefits of the tax free zone for the project.

India: Several cement producers in Jammu and Kashmir are operating quarries and plants in the vicinity of Dachigam National Park without the mandatory no-objection certification (NOC) from the union territory’s Forest Department. The Deccan Herald newspaper named JK Cement, TCI Cement, Khyber Industries and Green Land Cement as companies that have as yet failed to apply for NOCs for plants in the area. The newspaper alleged political interference in favour of cement producers, publishing state government internal correspondence that gave the distances of Khyber Industries, TCI Cements, Saifco Cements, Dawar Cement, HK Cement and Cemtac Cements plants from the national park as 2.5km, 6.0 km, 3.0km, 6.0 km, 5.0km and 6.0km respectively. According to the source, the true distances are 2.2km, 3.4km, 2.3km, 3.6km, 4.0km and 4.9km and this is part of the state’s support for illegal cement production which constitutes a ‘politician-bureaucrat-cement mafia nexus’ which has enabled private companies to ‘flout norms with impunity.’

Belarus: The Council of Ministers has received a recommendation from the State Control Commission (SCC) that punitive measures be taken against officials responsible for cement production in the midst of another disappointing year. Belapan has reported that members of the SCC blamed the failure to secure efficient performance on untenable costs due to intermediaries. Investigators from the SCC’s Financial Investigations Department (FID) found that Russian intermediaries were selling cement produced in Belarus to Belarusian state-owned companies at a marked-up price. A total of 13 criminal cases have been opened in connection with the findings, including one against an executive of a Belarusian cement company.

In 2013, Belarus completed the modernisation of its three state-owned cement producers, Belarusian Cement, Krasnoselsktroymaterialy and Krichevcementnoshifer to a total capacity of 2.3Mt/yr, at a cost of US$1.1bn. In 2018, the companies missed eight of their 10 key performance targets. Besides cost reduction, capacity utilisation and labour productivity targets were not met.

Elsewhere, Krasnoselsktroymaterialy has tendered for the supply of gas cleaning equipment, including the replacement of bag filters at two of the mills in its grinding facility.

Colombia: Cemex Latam Holdings has denied that it has an office dedicated to illegal activity following accusations of bribery in the local media. In a statement to the Superintendencia Financiera de Colombia, the company said that its Enterprise Risk Management office “supports the decision-making process by anticipating and coordinating risk management that could make it difficult for Cemex to reach its strategic objectives and identify short, medium and long-term opportunities.” It addd that risk management was an institutional process followed by companies around the world to anticipate and mitigate potential business hazards.

Cemex Colombia has been linked by Semana magazine and other outlets to payments to political figures in return for preferential treatment on construction contracts. The cement producer has also faced a long running investigation by local and US agencies into unusual payments relating to its Maceo cement plant project in Antioquia.