Post by account_disabled on Mar 6, 2024 2:06:39 GMT -5
Banker Holton Gomes Brandão will face criminal charges for money laundering. He was denounced for fraudulent management, currency evasion and other crimes that were allegedly committed through accounts at the Banco do Estado do Paraná branch in New York between and The scheme was investigated in by the National Congress in the Banestado CPI . The decision to maintain the action is made by the th Panel of the Superior Court of Justice.
The defendant, linked to the offshore Trade Link Bank, allegedly participated in the illegal remittance abroad of approximately US$ million. The complaint was made by the Public Prosecutor's Office in September The Federal Regional Court of the st Region declared the extinction of punishment for the crimes of fraudulent management of an unauthorized financial institution, unauthorized exchange operation, conspiracy and currency evasion. Only the money laundering complaint was accepted.
Against this decision, the banker's defense filed a Habeas BTC Number Data Corpus petition with the STJ asking for the recognition of the atypicality of the money laundering crime. He claimed that, once all previous infractions were declared time-barred, the Public Prosecutor's Office would be prevented from proving that he had collected funds from illicit activities. Laundering would be an accessory offense and, as such, would depend on the examination of the antecedent crimes.
Based on the vote of Minister Jorge Mussi, rapporteur of the case, the Panel decided that, even though it is no longer possible to punish defendants for previous and related crimes, crimes against the financial system can have their own prosecution when there is sufficient evidence of their practice.
Minister Jorge Mussi clarified in his vote that the crime of money laundering is provided for in article of Law , “For the crime to be established, it is necessary that hidden or disguised money, goods or values come from one of the crimes listed in article ”, he explained. The rapporteur acknowledged that, at first reading, this could lead to the belief that prior conviction would be necessary for these crimes.
However, article of the same law defines that the investigation of previous crimes and money laundering are independent, and the complaint must provide sufficient evidence of the existence of the previous crimes. “The mere existence of evidence of the commission of any of the crimes provided for in article of the law already authorizes the initiation of criminal proceedings”, he highlighted. Mussi recalled that this is the jurisprudence of the STJ and the Federal Supreme Court.
The defendant, linked to the offshore Trade Link Bank, allegedly participated in the illegal remittance abroad of approximately US$ million. The complaint was made by the Public Prosecutor's Office in September The Federal Regional Court of the st Region declared the extinction of punishment for the crimes of fraudulent management of an unauthorized financial institution, unauthorized exchange operation, conspiracy and currency evasion. Only the money laundering complaint was accepted.
Against this decision, the banker's defense filed a Habeas BTC Number Data Corpus petition with the STJ asking for the recognition of the atypicality of the money laundering crime. He claimed that, once all previous infractions were declared time-barred, the Public Prosecutor's Office would be prevented from proving that he had collected funds from illicit activities. Laundering would be an accessory offense and, as such, would depend on the examination of the antecedent crimes.
Based on the vote of Minister Jorge Mussi, rapporteur of the case, the Panel decided that, even though it is no longer possible to punish defendants for previous and related crimes, crimes against the financial system can have their own prosecution when there is sufficient evidence of their practice.
Minister Jorge Mussi clarified in his vote that the crime of money laundering is provided for in article of Law , “For the crime to be established, it is necessary that hidden or disguised money, goods or values come from one of the crimes listed in article ”, he explained. The rapporteur acknowledged that, at first reading, this could lead to the belief that prior conviction would be necessary for these crimes.
However, article of the same law defines that the investigation of previous crimes and money laundering are independent, and the complaint must provide sufficient evidence of the existence of the previous crimes. “The mere existence of evidence of the commission of any of the crimes provided for in article of the law already authorizes the initiation of criminal proceedings”, he highlighted. Mussi recalled that this is the jurisprudence of the STJ and the Federal Supreme Court.