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Recovering assets through international cooperation is a priority for the new Minister of Justice
The Minister of Justice and Public Security, Sérgio Moro, a former magistrate responsible for conducting the Lava-Jato operation, confirmed in an exclusive interview with a Brazilian newspaper that one of his priorities will be a better attention to international cooperation agreements in the area of asset recovery and will count on the support of the United States, Switzerland and other countries.
Moro attended the World Economic Forum in Davos last week and said it was essential to reach the economic arm of organized crime by improving international agreements.
In addition, the minister will submit to Congress changes in the law to allow for the confiscation of goods purchased with illicit resources or arising from crime, even without the proof by the authorities that such property accrues of illicit origin.
Some of the measures already known and which will be proposed:
A. Extended Confiscation – assets without evidence of lawful origin of those who have been convicted of corruption would be confiscated;
B. Extinction of Domain – the owner who cannot explain how he obtained certain goods will be subject to confiscation, even if there is no criminal action;
C. Illicit Enrichment – a measure that is already under discussion in Congress and intends to penalize the government employee who receives, uses or sells goods whose value is incompatible with their income.
Still, the new government’s “Anti-Corruption Package” will propose shifting into at least fifteen extravagant criminal laws.
The Mattos Engelberg Advogados Corporate Criminal Team remains available for any clarification.