U.S. Judge Authorizes Document Search in Corruption Probe
A New York federal judge has authorized Peru to seek documents from Brookfield Asset Management and several other entities, marking a significant development in criminal proceedings related to an allegedly corrupt toll highway project in the South American nation. U.S. District Judge Lewis J. Liman signed off on the application on Tuesday, November 19, 2025, allowing Peru and its ad hoc public attorney to pursue discovery for ongoing domestic investigations. The ruling pertains to the Rutas de Lima SAC project, a concession originally secured by the Brazilian conglomerate Odebrecht through bribery.
Roots of the Rutas de Lima Controversy
The dispute centers on the Rutas de Lima SAC toll road project, a 30-year concession contract awarded in 2013 for the design, construction, and maintenance of 115 kilometers of highways around Lima. Peruvian criminal investigations have established that Odebrecht obtained this contract by bribing municipal officials. Brookfield acquired a 57% majority shareholding in Rutas de Lima from Odebrecht in June 2016. This acquisition occurred just six months before Odebrecht entered a $3.5 billion plea agreement with the U.S. Department of Justice for widespread corruption, which authorities called 'the largest foreign bribery case in history'.
Scope of the Discovery Order
Judge Liman's order permits Peru to subpoena a range of entities for documents. The targets of this discovery include:
- Brookfield (specifically Brookfield Infrastructure Partners L.P., Brookfield Asset Management Ltd., Brookfield Corporation, and affiliated entities)
- KPMG
- Scotiabank
- Citibank
- JPMorgan Chase & Co.
The discovery is intended to aid four criminal proceedings in Peru related to the corrupt award and amendment of the Rutas de Lima contract, illicit payments tied to its financing, and Brookfield's subsequent acquisition of the concession. This successful application follows a previous attempt by the Municipality of Lima, which was denied by Judge Liman in May because it could not demonstrate it was an 'aggrieved party' under Section 1782 of the U.S. code. Peru's current application, however, satisfied the statutory requirements.
Ongoing Legal Battles and Counter-Claims
The ruling is a new chapter in a complex and ongoing legal saga. Brookfield has consistently denied any corruption during its ownership of Rutas de Lima. In March 2025, Brookfield Asset Management initiated international arbitration proceedings against Peru, seeking $2.7 billion in damages. The Canadian investment firm alleges that Peru illegally expropriated the toll roads operated by Rutas de Lima. The Municipality of Lima, led by Mayor Rafael Lopez Aliaga, has publicly opposed the toll collections, describing them as 'inhuman and harmful' to residents. This latest U.S. court decision provides Peru with a critical tool to gather evidence for its domestic criminal investigations amidst these broader international and local disputes.
5 Comments
Donatello
Another government attacking foreign investment. Bad for the economy.
Raphael
This ruling offers Peru a critical tool for its investigations into alleged illicit payments and acquisitions. Yet, the ongoing $2.7 billion arbitration initiated by Brookfield against Peru highlights the high stakes and conflicting claims from both sides.
Leonardo
This discovery order is exactly what Peru needed. Time for transparency.
Raphael
Why now? This whole situation seems politically motivated.
Michelangelo
On one hand, the pursuit of evidence in a U.S. court is a strong move for Peru to address historical corruption. On the other, Brookfield has consistently denied wrongdoing during its ownership, making the outcome of these parallel legal battles uncertain.