Economic crimes usually involve complex operations, a large volume of documents, and the simultaneous action of different investigative and oversight bodies. This guide explains, in general terms, what characterizes these cases and why they require a specialized technical approach.
What economic crimes are
This is a broad category that brings together conduct affecting the economic, financial and tax order, such as money laundering, crimes against the national financial system, tax crimes, more elaborate forms of fraud (estelionato), criminal organizations aimed at economic ends, among others.
What makes these cases more complex
- A large volume of financial, accounting and banking documents analyzed as evidence;
- The frequent need for accounting or financial expert analysis to clarify transactions;
- The involvement of multiple bodies, such as Brazil's Federal Revenue Service (Receita Federal), COAF (Brazil's Financial Activities Control Council), the Federal Police and the Public Prosecutor's Office;
- Precautionary asset measures such as freezing, seizure and attachment of assets, which can affect a person's or company's assets even before the case is finally decided;
- Investigations that tend to last longer than simpler criminal cases.
Investigations that cross between agencies
It's common for an economic investigation to begin within an administrative body — such as the Federal Revenue Service, during a tax audit, or COAF, following a report of a suspicious transaction — and, depending on what is found, be referred to the Public Prosecutor's Office for a possible criminal investigation. Understanding this dynamic helps anticipate the possible next steps in a case.
The relationship between administrative findings (tax, regulatory) and any eventual criminal liability depends on the specific circumstances of each situation. [CASE LAW TO CONFIRM]
Measures that can affect assets
In economic crime cases, it's common for precautionary asset measures to be adopted — such as freezing accounts, making assets unavailable, or seizing funds — even before any conviction, with the goal of ensuring possible reparation or forfeiture of proceeds of crime. These measures can be judicially challenged when the legal requirements justifying them are not met.
Why specialized technical support matters
Economic cases require, in addition to legal-criminal knowledge, familiarity with accounting, financial and tax concepts, often in dialogue with expert witnesses and other technical professionals. A well-built defense in these cases carefully analyzes the documentation, challenges the methodology of any expert reports, and assesses the legality of each measure adopted throughout the investigation.
If you or your company is under investigation in a case of this nature, contact our team for a technical assessment of the situation.