CORRECTING THE RECORD: A Letter to Mayor Rafael López Aliaga from The Hon. Connie Mack IV
May 6, 2025
Sr. Rafael López Aliaga
Mayor, Municipality of Lima
Palacio Municipal de Lima
Plaza Mayor de Lima
Lima, Lima 1
Peru
Dear Sr. Aliaga:
As an advisor to Brookfield, I am seeking to correct the record on the inaccurate media portrayals of Brookfield and its longstanding efforts to hold the Municipality of Lima, as part of the Peruvian State, to its contractual and international obligations.
In response to repeated falsehoods and distortions, which I believe aim to distract and deflect attention from the expropriation of Brookfield’s investment and Brookfield’s toll roads’ successes in arbitration, here are the facts:
Brookfield invested in Rutas in good faith through a competitive process and has been a responsible steward for the urban roads that the people of Lima depend on.
The Peruvian State breached its international obligations by enabling the expropriation of Brookfield’s investment and refusal to honor its obligations related to the toll roads that Brookfield continues to maintain responsibly.
Brookfield has strictly complied with its legal obligations. It has invested millions into the road network and never distributed dividends; all the proceeds generated have been reinvested in the network. The Municipality of Lima’s illegal actions threaten the future viability of the road network by depriving it of continued investment by Brookfield.
Every arbitral tribunal that has ruled on the merits of Brookfield’s toll roads’ arbitral claims has found no evidence of corruption or wrongdoing and has ruled in the toll roads’ favor. These decisions were confirmed by the U.S. district court that reviewed the arbitral findings. The Municipality of Lima has lost at every turn of the arbitral and confirmation processes.
The Municipality of Lima and its lawyers are desperately attempting to link Brookfield with Rutas’ previous owner, Odebrecht, to stoke baseless media speculation that Brookfield somehow is the subject of an investigation by U.S. authorities.
In fact, Brookfield is not aware of and has no reason to believe that it is the subject of any investigation by U.S. authorities. Mr. Andrew Weissman has never worked for Brookfield in any capacity, and although Brookfield has dealt with Jenner & Block in the past, Jenner & Block does not represent Brookfield today and has never represented Brookfield in respect to Rutas.
Similarly, Brookfield has never engaged with Foley Hoag or any other law firm to influence or prejudice a counterparty. Interestingly, according to public records, Foley Hoag continues to act on behalf of the Peruvian state in several current international arbitration proceedings.
The Municipality of Lima has been spreading falsehoods designed to smear a highly respected, NYSE and TSX-listed company.
Brookfield’s only objective in asserting its treaty rights is to be compensated for the unlawful taking of its investment in Peru. Brookfield is ready to sit at the negotiation table with all relevant authorities to resolve this matter. It is time for the Municipality of Lima and its lawyers, Boies Schiller Flexner LLP, to stop spreading conspiracies and do the same.
Yours respectfully,
THE HON. CONNIE MACK IV
Fmr. Member of U.S. House of Representatives
Advisor to Brookfield
cc: Martin De Luca, Boies Schiller Flexner