UPDATES FROM BRAZIL’S ENFORCEMENT AGENCIES

Enforcement Priorities and Coordination: Leniency Agreements, Who to Contact for What, and the Risk of Multiple Agency, Overlapping Investigations

May 23, 2019 11:15am

Ministro Wagner de Campos Rosário
Ministro da Transparência e Controladoria-Geral da União (CGU)

Ministro Benjamin Zymler
Tribunal de Contas da União (TCU)

Ministro André Luiz de Almeida Mendonça
Advogado Geral
Advocacia-Geral da União (AGU)

Luís Inácio Lucena Adams
Partner
Tauil & Chequer Advogados

  • How Brazil’s enforcement agencies interpret their respective mandates when it comes to anti-corruption: Which agency is responsible for what under the Clean Company Act?
  • Clarifying enforcement responsibilities and the respective agencies’ duty to negotiate leniency agreements
  • The extent of coordination across the agencies, the impact on settlements and penalties, and the risk of “double-jeopardy” (multiple fines for the same anti-corruption violation)
  • How Brazilian authorities approach investigations and settlements when a given company has already reached a settlement with a different Brazilian agency
  • How Brazil’s agencies plan to encourage companies to self-report and disclose corrupt conduct (in exchange for leniency)
  • Lei das Empresas Estatais:
    • Anti-corruption program requirements for state-owned entities (and for companies bidding for public contracts)
    • Impact on the compliance efforts of private companies doing business with state-owned entities