Aspects on identifying and controlling suspect funds and laundering. A perspective from Brazilian law
| Pages | 79-82 |
| DOI | https://doi.org/10.1108/13685201311286878 |
| Date | 28 December 2012 |
| Published date | 28 December 2012 |
| Author | Fábio Ramazzini Bechara |
| Subject Matter | Accounting & finance |
Aspects on identifying
and controlling suspect funds
and laundering
A perspective from Brazilian law
Fa
´bio Ramazzini Bechara
Attorney General Office, Prosecution Office of Sa
˜o Paulo, Sa
˜o Paulo, Brazil
Abstract
Purpose – The purpose of this paper is to address the interaction between intelligence activity and
criminal investigation, in order to improve State capacity to deal with criminal organizations by
controlling and identifying illegal money flows.
Design/methodology/approach – The analysis is based on the experience of the Prosecution
Office of Sa
˜o Paulo, Brazil, which confirms how useful intelligence activity is in criminal cases,
especially when it brings a consistent knowledge that provides not only criminal punishment, but also
economic and administrative effects.
Findings – A knowledge produced by an intelligence activity can strengthen national regulation in
order to make more transparent some financial operations, track illegal money, seize assets, improve
mutual legal assistance and identify a wide range of criminals.
Originality/value – The paper shows that using intelligence activity in criminal investigations
brings more effectiveness and a more strategic approach.
Keywords Brazil,Criminals, Police, Fraud, Flowof funds, Intelligence activity,Criminal investigations,
Illegal money flows
Paper type General review
Preventing and tracking money laundering cases is a challenge across the globe.
The aim of such an effort is both to punish criminals and inform the development
and strengthening of legal regulations. This work, which will never be finished, leads to
more and more sophisticated, stronger and restrictive policies. This issue is extremely
important when this flow of money involves criminal organizations, which are
structured and managed as legal companies, competing unfairly with others, using
crime as a functional and social legitimated mechanism, and often also being protected
by official authorities.
Intelligence activity has been used for many years as an effective tool that provides
not only knowledge and a more precise diagnostic about a specific situation, but also
focuses and optimizes efforts that make State behavior more proactive.
Money launderingis not only a criminal problem,and this can be a significant mistake;
focusingon dirty money as simplyan issue of criminal responsibility.Money launderingis
an interdisciplinary issue that should be addressed widely and from different
perspectives, leading to a more strategic treatment that better considers administrative
measures and economic consequences. This is the only way to be really efficient.
The State of Sa
˜o Paulo is the richest and more populous State in Brazil, with more
than 40 million people and budget of around 100 billion dollars. The prosecution office
has almost 2,000 prosecutors, and the special unit that prosecutes organized crime cases
The current issue and full text archive of this journal is available at
www.emeraldinsight.com/1368-5201.htm
Identifying and
controlling
suspect funds
79
Journal of Money Laundering Control
Vol. 16 No. 1, 2013
pp. 79-82
qEmerald Group Publishing Limited
1368-5201
DOI 10.1108/13685201311286878
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