The ABA Hosts Boni De Moraes Soares, A Federal Prosecutor From Brazil's Advocacia Geral Da União

ABA International Anti-Corruption Committee

Winter 2018 Newsletter | Issue 1 2018

In this article, Leah Moushey provides a summary of Boni de Moraes Soares' presentation to the America Bar Association's (ABA's) Global Anti-Corruption Committee on Operation Car Wash and Brazil's recent anti-corruption efforts. Mr. Soares is a Brazilian federal prosecutor from the Advocacia Geral da União (AGU), which is akin to the U.S. Office of the Solicitor General. His presentation and Q&A session was moderated by Mara Senn of the U.S. Department of Justice. "In particular, Mr. Soares differentiated between Brazil’s Anti-Corruption Law (commonly referred to as the Clean Companies Act) (Law No. 12,846/2013), which establishes strict administrative and civil corporate liability for acts of corruption against national and foreign public officials, with the Administrative Improbity Act (Law No. 8,429/1992), which creates civil and administrative penalties for corrupt acts that result in a detriment to Brazilian public entities or the 'public administration,'" Moushey wrote. Mr. Soares also addressed various questions relating to cooperation among Brazilian authorities, as well as the impact of increased cross-border cooperation. "As Operation Car Wash continues to lead to coordinated resolutions with Brazilian and U.S. authorities, events such as Mr. Soares's presentation are increasingly important so that lawyers can better understand the similarities and differences in the two jurisdictions."