Any concealment of assets resulting from offenses can lead to condemnation for money laundering

On Wednesday (11), the Committee on Public Safety and Combat to Criminal Conspiracy approved measures aiming at increasing the efficiency of legislation in the fight against money laundering. The college approved the substitution to the Bill 3443/08, from the Senate, which amends Law 9.613/98
The main change is the end of the requirement of the proof of the so-called antecedent regime for the configuration of money laundering, or, be it, the money laundering is now processed as an autonomous crime. If someone kidnapped someone, for instance, and then tried to “launder” the money he/she received as a result, it will not be necessary to prove the kidnapping as a condition to condemn that person for money laundering.

Criminal misdemeanors
The author of the Substitution Bill, Deputy Antonio Carlos Biscaia (PT-RJ) affirmed that “any concealment, deviation or simulated transactions of goods resulting from criminal offenses” will provoke the condemnation for money laundering, independently from the proof of a former crime, by means of which the defendant has obtained its goods.
In addition to that, the penalties go from 3 to 10 years imprisonment and additional fine, to 3 to 18 years imprisonment and additional fine. Those penalties will be enforced even on illegal operations involving cash coming from criminal misdemeanors, which are not mixed up with crimes in criminal legislation.
Thus, operations with cash coming from those activities such as “jogo do bicho” (illegal number lottery, extremely common in the country) will now be considered as money-laundering crimes.

More control
The approved Substitution Bill also contains mechanisms to perfect the control of financial movements and to expedite the seizure of goods acquired with illegal activities, which can be sold even before the conclusion of the criminal procedure.
According to Bisacia, Brazilian legislation for the combat to money laundering, by means of those changes, incorporates the advances reached in more developed countries in that field, such as the United States, France and Italy.

Deputy Lincoln Portela (PR-MG), the only one to vote against that bill, presented a parallel review in which he alleges that the lack of the requirement of a former crime is “unconstitutional”. Another amendment at the Substitution Bill - the end of the possibility that the defendants accused on money-laundering crimes be released from provisory imprisonment on a bail – had also its constitutionality challenged by that deputy.

Procedure
The Bill will still be reviewed by the Committee on the Constitution and Justice and Citizenship, before being voted by the House Floor.

Report - Edvaldo Fernandes
Editing - Newton Araújo
Translation - Positive Idiomas Ltda