Predicate offense
The indictment must state which offense generated the funds. Without concrete evidence of the predicate, the laundering charge does not stand, even if the movement looks unusual.
Economic crime · Law 9,613/1998
Money laundering: how the investigation is built and what the defense must show
A laundering charge requires a predicate offense and acts concealing or disguising the origin of the funds. Unusual movement alone is not laundering. The defense begins by reconstructing the lawful origin.
Straight answer: what constitutes money laundering
Money laundering is concealing or disguising the nature, origin, location, disposition, movement or ownership of assets derived from a prior criminal offense (article 1 of Law 9,613/1998). It therefore requires a predicate offense shown at least by circumstantial evidence and conduct aimed at giving a lawful appearance to its proceeds. Using lawfully obtained money in an unusual way, or merely receiving funds without knowing their unlawful origin, does not meet the definition.
This page is for entrepreneurs, directors, accountants, professionals and individuals targeted by an inquiry, a police operation or a suspicious-transaction report. Practice throughout the State of São Paulo, Brazil, including inland and coastal districts, with in-person meetings in São Paulo (Paulista and Tatuapé offices) or by video call.
Points the defense examines in a laundering charge
COAF reports
Financial intelligence reports are a starting point, not proof of a crime. The defense confronts each flagged transaction with the document that justifies it.
Intent and knowledge of the origin
It must be shown that the accused knew or accepted the risk that the funds were unlawful. Service providers and good-faith counterparties are not liable for laundering.
Freezing and seizure of assets
Protective measures reach accounts, real estate and vehicles. Assets of proven lawful origin and third-party assets can be released through a reasoned request.
Lifting of secrecy
Bank, tax and telematic secrecy require a reasoned judicial decision. Generic or open-ended lifting orders can be challenged.
Plea agreements
A strategic choice with irreversible effects. It should be assessed only after the defense knows the body of evidence and the alternatives.
What changes the course of the case
Documentary traceability
Every relevant transfer needs a document explaining cause, counterparty and destination. Gaps are filled by the prosecution with presumptions.
Separation between individual and company
Mixing personal and business accounts is the pattern most exploited in indictments. Organizing that separation with the accounting is a priority.
Confidentiality of the defense
Statements to the press, banks or partners before analyzing the case file can create evidence against the person under investigation.
How the defense is structured
1. Access and mapping
Obtaining the case file, the financial reports and the secrecy and freezing decisions, with a map of the questioned transactions.
2. Reconstruction of the origin
Documentary and accounting survey explaining each flow, with expert support when necessary.
3. Procedural strategy
Requests to release assets, challenges to unlawful evidence, response to the charge and decision on any agreement.
Do not move, transfer or sell assets after learning of the investigation without guidance. That may be interpreted as new concealment and worsens the situation.
Frequently asked questions about money laundering
I received funds from a client under investigation. Am I liable for laundering?
Only if there is proof that you knew of the unlawful origin and acted to conceal it. Receiving payment for a real service, with invoice and contract, is lawful conduct.
Is the laundering sentence added to the predicate offense?
They are separate offenses and may be cumulated. The laundering sentence ranges from three to ten years plus a fine, increased for habitual conduct or criminal organization.
Can the asset freeze reach the whole family?
It may reach assets held by third parties when there is evidence of front ownership. A spouse and children who prove their own origin of assets may request release through third-party motions.
Official references and related pages
Reference legislation in Brazil. The concrete analysis depends on the financial reports and the decisions in the case file.
Is there an investigation, asset freeze or COAF report under way?
Describe the situation through the secure channel. The screening identifies the stage of the investigation, the assets affected and the documents that reconstruct the origin of the funds.