CAR WASH CASE O CASO LAVA JATO

L’AFFAIRE KARCHEREL CASO LAVADO DE AUTOS

IACAMACS 2014, Module VII

Corruption Prevention and ProgressBrasília, 4. APRIL. 2016

Vladimir ArasFederal Prosecutor in Brasilia, Master Degree in Public Law, Professor of Criminal Federal Prosecutor in Brasilia, Master Degree in Public Law, Professor of Criminal Procedure Law at the Federal University of Bahia, Head of the International Cooperation Procedure Law at the Federal University of Bahia, Head of the International Cooperation Unit of the Brazilian Prosecutor General’s Office. Email: vladimiraras@mpf.mp.brUnit of the Brazilian Prosecutor General’s Office. Email: vladimiraras@mpf.mp.br

BRAZIL: GENERAL INFORMATION• Location: South America• Area: 8,515,767 km² (5th) • Capital: Brasilia (since 1960)• Republic: November 15, 1889 • Official Language: Portuguese• Population: 201 million (2013)• Largest cities: São Paulo (11,821 million), Rio de Janeiro (6,429

million), Salvador de Bahia (3 million)• Currency: Brazilian Real (R$ or BRL)JUDICIAL SYSTEM

JUDICIARY BRANCH PROSECUTION SERVICES

SUPREME COURTSUPREME COURT PROSECUTOR GENERAL

SUPERIOR COURT OF JUSTICE (CASSATION)

ASSISTANT ATTORNEY GENERAL

FEDERAL AND STATE COURTS OF APPEALS

FEDERAL AND STATE (APPELLATE) PROSECUTORS

FEDERAL AND STATE COURTS

FEDERAL AND STATE PROSECUTORS

CAR WASH CASE

TWO COORDINATED TASK FORCES OPERATE IN CURITIBA AND BRASÍLIA

TWO OTHER SPECIAL GROUPS OPERATE IN SÃO PAULO AND RIO DE JANEIRO

INVESTIGATION METHOD: CAR WASH OPERATION

TASK FORCES AND SPECIAL GROUPS A team comprised of 11 Prosecutors in Curitiba (first degree of jurisdiction)

A team comprised of 15 Prosecutors in Brasilia (Supreme Court) A team comprised of 7 Prosecutors in Rio de Janeiro (first degree of jurisdiction) A team comprised of 4 Prosecutors in São Paulo (first degree of jurisdiction) A team comprised of Circuit Prosecutors before the Federal Appellate Court (Porto Alegre) A team comprised of Associate Federal Prosecutors before the Superior Court of Justice (Brasilia)

CAR WASH CASE CRIMES

CRIMES: LARGE-SCALE CORRUPTION CRIMES BRIBERY OF FOREIGN GOVERNMENT OFFICIALS FINANCIAL CRIMES BID RIGGINGS AND CARTEL FORMATION MONEY LAUNDERING ENGAGING IN A CRIMINAL ORGANIZATION AND RACKETEERING

ACCUSED PERSONS: Businesspersons Financial brokers Pressure group members (lobbyists) Civil servants and government officials Officials in the Executive and Legislative branches Frontpersons

COORDINATED PROSECUTION OF

CRIMINALAND CIVIL CASES

USE OF COOPERATING DEFENDANS AND LENIENCY

AGREEMENTS

INTERNATIONAL COOPERATION

TOOLS

Criminal CodeAML Law (# 9,613/1998)ACE Law (# 8,429/1992)

Etc

Law 12,850/2013 (Organized Crime Act)Law 12,846/2013 (Antibribery)

Law 12,529/2011 (Competition)

UNTOCUNCACMLATs

Prison, fines, removal from office, forfeiture

NPA and DPA Leniency programs

Mostly for getting evidence securing

assets abroad

STRATEGY OF THE FPS IN THE CAR WASH CASE

CRIMINAL CIVIL ADMINISTRATIVE POLITICAL

Prosecutors, Police and Courts

Prosecutors, state attorneys and Courts

Comptroller General and Court of Audit

National Congress(Investigation Panel)

Prison and fines Fines Fines No prisons nor fines

Removal from office Removal from office Other penalties Impeachment

Forfeiture Civil forfeiture No forfeiture No forfeiture

Criminal Code ACE Law (8,429/1992) Law 12,846/2013 Law 1,079/1950

ACCOUNTABILITY – RESPONSIBILITY - LIABILITY (STRATEGY OF THE FPS IN THE CAR WASH CASE)

AFFIRMATIVE CIVIL ENFORCEMENT (ACE)“LEI DE IMPROBIDADE ADMINISTRATIVA” (LIA)

ORGANIZED CRIME LAW(Law 12,850/2013)

UNDERCOVER OPERATIONS (AGENTS)

CONTROLLED DELIVERY

INTERCEPTION OF COMMUNICATIONS

ACCESS TO COMPUTER DEVICES

COOPERATING WITNESS/DEFENDANT

TASK FORCES

WITNESS PROTECTION (Law 9,807/1999)

49 COOPERATION AGREEMENTS

• sealed before the 13th Criminal Court of Curitiba

• sealed before the Supreme Court in Brasilia

• sealed before the 3rd Criminal Court of Rio de Janeiro

MLA REQUESTS FOR ASSET RECOVERY

USD 185.00 million EUR 162..00 million

USD 185.00 million EUR 162..00 million

USE OF COOPERATING DEFENDANTS USE OF COOPERATING DEFENDANTS

FOR ASSET RECOVERY IN THE CAR WASH CASE FOR ASSET RECOVERY IN THE CAR WASH CASE

(As of March 2016)

Legal basis for recovery• Final judicial decision (conviction)• Cooperation agreements

FROZEN ASSETS

USD 800 million

USD 800 million

SWISS-BRAZILIAN COOPERATION

SWISS-BRAZILIAN COOPERATION

RESTITUTIONS TO PETROBRAS IN 2015

USD 63.3 MILLION

13 Incoming MLA requests13 Incoming MLA requestsfrom 11 countriesfrom 11 countries

DEVELOPMENT OF THE FEDERAL PROSECUTION SERVICE'S INTERNAL

STRUCTURES

• THE BRAZILIAN CHAMBER AGAINST CORRUPTION WAS CREATED

• PROSECUTION OFFICES SPECIALIZED IN THE FIGHT AGAINST CORRUPTION (FOR CRIMINAL

AND NON-CRIMINAL MATTERS) HAVE BEEN CREATED

• PGR INTELLIGENCE OFFICE WAS CREATED

• PGR INTERNATIONAL COOPERATION UNIT WAS CREATED

• PARTICIPATION IN INTERNATIONAL EVENTS WHERE THE FIGHT AGAINST CORRUPTION IS

DEBATED

• PROSECUTORS TAKE PART IN TRAINING COURSES REGARDING THE MATTER FROM TIME TO

TIME

RESPECT TO THE DUE PROCESS OF LAW REGARDING THE FIGHT AGAINST CORRUPTION

AND THE ORGANIZED CRIME:

- THE ACCUSED PERSONS ARE TRIED IN ACCORDANCE WITH THE DUE PROCESS OF LAW

- GOOD GOVERNANCE PRINCIPLES AND TRANSPARENCY ARE ABIDED BY

- ACCESS TO INFORMATION RIGHTS (FOIA) ARE DULY ABIDED BY

- FREEDOM TO THE PRESS AND FREE SPEECH

- JUDGES AND PROSECUTORS ARE FREE AND INDEPENDENT IN THEIR PROFESSIONS

- THE FEDERAL PROSECUTION SERVICE IS AN AUTONOMOUS AGENCY

Goal 16 of the Sustainable Development Goals is dedicated to the promotion of peaceful and inclusive societies for sustainable development, the provision of access to justice for all, and building effective, accountable institutions at all levels.[...]

16.3 promote the rule of law at the national and international levels, and ensure equal access to justice for all

16.4 by 2030 significantly reduce illicit financial and arms flows, strengthen recovery and return of stolen assets, and combat all forms of organized crime

16.5 substantially reduce corruption and bribery in all their forms

16.6 develop effective, accountable and transparent institutions at all levels[...]16.10 ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements

16.11 strengthen relevant national institutions, including through international cooperation, for building capacity at all levels, in particular in developing countries, to prevent violence and combat terrorism and crime

VLADIMIR ARASvladimiraras@mpf.mp.br

@VladimirAras

INTERNATIONAL COOPERATION UNIT (MPF) international.mpf.mp.br

+55 61 3105-5820