Corporate Investigations Newsletter – June 2025

The Corporate Investigations Newsletter aims to provide information on the main media news, trends, cases, and legislation concerning compliance, white-collar crime, and competition matters in Brazil and abroad. This newsletter is for informative purposes only, and should not be used for decision making. Specific legal counseling may be provided by our legal team.

Enjoy reading!

Compliance and Investigations, White-Collar Crime, and Competition teams

Compliance and Investigations

U.S. Department of Justice resumes FCPA enforcement with narrowed scope

On June 09, 2025, U.S. Deputy Attorney General Todd Blanche issued a memorandum reviewing the status of the Foreign Corrupt Practices Act (“FCPA”).

The new guidelines stem from President Donald Trump’s, executive order published earlier this year, which limited the scope and enforcement of the FCPA. The memorandum aims to ease compliance burdens for American companies operating abroad and to focus enforcement efforts on conduct that directly impacts U.S. national interests.

As a result, the guidelines reaffirm the continued enforcement of the FCPA, while outlining a more narrowly defined set of priority areas, including:

• Eliminating cartels and transnational criminal organizations;
• Safeguarding fair opportunities for American companies;
• Advancing US national security; and
• Prioritizing investigations of serious misconduct.

Additionally, the guidelines limit the authority to approve any FCPA investigation to the Assistant Attorney General for the Criminal Division or a higher-ranking official within the U.S. Department of Justice.

For more information, access the Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (FCPA).

CGU penalizes company for giving gifts to ANTT officials with falsified invoices

On June 17, 2025, a company specializing in the sale of alcoholic beverages and luxury gifts was found liable under Brazil’s Anti-Corruption Law (Law No. 12,846/2013) for allegedly falsifying invoices to conceal the high value of gifts provided to officials of Brazil’s National Land Transport Agency (“ANTT”).

The conviction falls within the scope of Operation Cancela Livre, an investigation launched by the Federal Police into the systematic offering of gifts to public officials at ANTT by the concessionaire CONCEPA. The investigation reportedly uncovered that, at the concessionaire’s request, the company falsified invoices for gifts sent to public officials, disguising them as compliant with the provisions of the Conflict of Interest Law (Law No. 12,813/2013) and ANTT’s Code of Ethics.

In addition to a fine of BRL 25,176.78, the company was ordered to publish the administrative sanction decision in a widely circulated media outlet, at its place of business, and on its website for a period of 30 days. 

For more information, access the full article.

CGU holds 5th Meeting of the Brazilian Network for the Promotion of Private Integrity

On July 1, 2025, the Brazilian Office of the Comptroller-General (“CGU”) held the 5th Meeting of the Brazilian Network for the Promotion of Private Integrity.

The initiative aims to strengthen coordination across all three governmental levels to promote the consistent enforcement of the Anti-Corruption Law (Law No. 12,846/2013) and to standardize the criteria for evaluating integrity programs in the private sector.

During the meeting, key topics discussed included sustainability, innovation in integrity management, administrative accountability proceedings (“PARs”), leniency agreements, terms of commitment, and integrity program requirements in public procurement, among others. The meeting also featured the presentation of the working group’s results on integrity in public procurement, including a proposed model regulation to be adopted by oversight bodies.

One of the key highlights of the meeting was the formalization of institutional support from several state comptroller offices for the Brazil Pact for Private Integrity (“Pacto Brasil”) – a CGU initiative that encourages companies to publicly commit to ethical conduct and integrity. Cristine Ganzenmüller, Director at CGU, emphasized that as institutional supporters, state comptroller offices can play a vital role in advancing the Pact – particularly by recommending that supplier companies and commercial partners join the initiative, and by organizing events to promote the adoption of integrity measures. She also noted that participation in Pacto Brasil may serve as a tiebreaker criterion under the Bidding Law.

For more information on the topics discussed at the meeting, access the article in full.

CGU leads international discussions on integrity and anti-corruption at G20

From June 09 to 12, 2025, the G20 Anti-Corruption Working Group (ACWG) – currently under the presidency of South Africa and co-chaired by Brazil, represented by the CGU – held its 2nd Technical Meeting in Brasília. 

The meeting brought together over 40 international delegations and centered on negotiating the High-Level Principles on the Management of Recovered Assets, with the goal of strengthening global mechanisms for the recovery and responsible use of assets derived from corruption. The agenda also included discussion sessions with the G20 Engagement Groups (B20, C20, W20, and T20) and international organizations, reinforcing the importance of multi-sectoral cooperation in the global fight against corruption.

During its participation, the CGU highlighted the strategic role of fighting corruption as a key instrument for promoting social justice, equality, and sustainable development.

On June 12th, the CGU hosted the side event “The Preventive Dimension in Combating Corruption in the Face of New Forms of Organized Crime,” which brought together authorities and experts to discuss public integrity strategies and anti-corruption prevention, with a focus on the Latin American context and the fight against organized crime.

The event included the participation of CGU representatives. Patrícia Oliveira, Secretary of Public Integrity, presented the Federal Public Administration’s Integrity, Transparency, and Access to Information System (“SITAI”), highlighting its role in preventing conflicts of interest and ensuring the disclosure of conflict-of-interest declarations. Lívia Sobota, National Secretary for Access to Information, addressed the importance of transparency in the relationship between the State and society, highlighting the role of technology in this process. Elisabeth Cosmo, Head of the Brazilian delegation in the Anti-Corruption Working Group (“GTAC”) and CGU’s Special Advisor, reinforced the importance of holding international discussions and exchanging experiences. She also emphasized that fighting corruption remains a global challenge.

 For more information, access the CGU’s article in full.

White-Collar Crime

Brazilian Senate concludes betting inquiry

On June 14, 2025, the parliamentary inquiry committee concluded its investigation into the betting market (“CPI das Bets”).

CPI das Bets was established in the Federal Senate on November 12, 2024, to investigate potential irregularities in the Brazilian sports betting and online gambling market. The investigation aimed to assess the current online sports betting landscape and identify potential regulatory and oversight flaws in the betting platforms.

According to its work plan, the CPI das Bets sought to “propose measures to implement mechanisms to control and combat organized crime and money laundering, and to foster consumer protection, financial transaction reliability, and market integrity.”

Throughout nearly seven months, the parliamentary committee interrogated numerous individuals, including digital influencers, businesspeople, public figures, and betting platform representatives.

At the end, the rapporteur submitted her final report, which was rejected by the CPI members, with 4 votes against and 3 votes in favor.

Despite the absence of formal indictments, CPI das Bets was essential to shed light on the online betting industry and encourage discussions on the need for stricter regulation. The topic should remain on the agenda in the coming months, especially given the growing popularity of online betting in Brazil.

For more information, please access the full report.

STJ establishes precedent on false identity crime

On June 02, 2025, the Third Section of the Superior Court of Justice (STJ) established Precedent No. 1,255, ruling that the crime of false identity, provided for in Article 307 of the Brazilian Penal Code (CP) is a formal offense, that is, it is completed when the offender knowingly and voluntarily provides inaccurate information about their true identity.

As such, it is not necessary to prove that the offender did obtain an advantage for themselves or others to establish that the crime was completed. According to Rapporteur Justice Joel Ilan Paciornik, formalizing the false identity crime protects public faith, that is, the trust placed in public or private relations regarding an individual’s identity, civil status, or other legally significant attributes.

The decision resulted from Special Appeal No. 2083968, filed by the Public Prosecutor’s Office against the acquittal of a defendant accused of providing a false name to police officers, but later revealing their true identity prior to the filing of a police report and to being questioned at the police station.

The lower court acquitted the defendant due to the lack of administrative or criminal consequences of the conduct. However, upon reviewing the appeal and deciding that the absence of consequences does not mean that the conduct is not a crime, Justice Joel Ilan Paciornik convicted the defendant.

For more information, please access the full report.

Alcohol intoxication and heightened emotions do not exclude intent in racial slurs

The Fifth Panel of the Superior Court of Justice (STJ) ruled on Special Appeal No. 2835056. It established that voluntary alcohol intoxication and heightened emotions are not enough to exclude the specific intent that constitutes a racial slur crime.

The special appeal was filed under a case where a defendant uttered racist slurs against his brother-in-law, calling him “monkey”, “crioulo“, and “pau de fumo“. The state Court of Justice of Minas Gerais (TJMG) overturned the racial slur conviction, arguing that the offensive remarks were made impulsively, in a clear state of anger, and exacerbated by a mental disturbance caused by alcohol abuse.

Rapporteur Justice Reynaldo Soares da Fonseca ruled that “the mere fact that the defendant was not calm when he insulted the victim does not absolve him of responsibility, particularly considering that most insults occur when tempers are flaring.” As a result, the STJ granted the special appeal and reinstated the conviction for racial slur.

For more information, please access the full report.

STJ convicts ten for corruption in Espírito Santo judiciary

The Specialized Court of the Superior Court of Justice (STJ) convicted ten people, including public servants, lawyers, and businesspeople, for crimes against the government within the Judiciary Branch of the state of Espírito Santo.

Investigations began in 2008 into crimes allegedly committed by judicial authorities in Espírito Santo, such as selling court rulings.

The investigation uncovered that the illicit advantages ranged from manipulating conflicts of interest to judgments, including a case involving a ruling that favored the reinstatement of a mayor in the city of Pedro Canário.

Rapporteur Justice Francisco Falcao argued that:

• Article 333 of the Brazilian Penal Code provides for the crime of active corruption as a formal offense, either completed or as an inchoate crime. In other words, the crime is consummated upon the offer or promise of an illicit advantage.
• Article 317 of the Brazilian Penal Code provides for the crime of passive corruption as a mere conduct crime and does not require a tangible result. That is, the crime is consummated when a public servant requests or obtains an illicit advantage.

The Justice added that “the constitution of the crimes does not require a specific official act or the actual commission of such act, and that merely requesting, receiving or promising illicit advantages within the scope of the servant’s office and duties is sufficient to constitute a crime.”

The decision is aligned with Brazilian case law and marks an essential stance in the fight against institutional corruption.

For more information, please access the full report.

Competition

Commissioner Gustavo Augusto temporarily assumes CADE’s Presidency

With the end of President Alexandre Cordero’s term on July 11, 2025, the Administrative Council for Economic Defense (“CADE”) will undergo a transition in its presidency, and commissioner Gustavo Augusto Freitas de Lima, the longest-serving member of CADE’s Administrative Tribunal, will assume the presidency of the Council on a provisional basis.

Commissioner Gustavo Augusto has been part of the Tribunal since 2022. He holds degrees in law and naval sciences, is a postgraduate in public law, and has a master’s degree in law.

According to CADE’s Internal Regulations, the appointment of the new President falls under the authority of the President of the Republic and must be submitted for approval by the Brazilian Senate. The term of office is four years, and reappointment is prohibited. In case of vacancy, the presidency is temporarily assumed by the longest-serving commissioner in office or, in the absence of a time criterion, by the oldest, until the new president is formally appointed and approved.

CADE opens public consultation on new rules for settlement negotiations

On June 23, 2025, CADE launched a public consultation to receive suggestions on a draft resolution that defines rules for negotiating settlements and collecting fines imposed by CADE.

The draft resolution provides important guidelines on the installment payment of debts, granting discounts for cash payments, and governing consensual solutions. In other words, it establishes an internal organization for analysis and approval of agreements within CADE, ensuring greater transparency, predictability and legal certainty. In addition, the text details the role of CADE’s different units in the process, as well as the criteria for joint and several liability and removal of the corporate veil.

Those interested in improving the regulation can submit contributions through the Participa + Brasil platform by July 23.

For more information, access the Public Consultation.

Ruling on Google News case postponed by request for review at CADE’s Tribunal

During the 249th Ordinary Ruling Session, held on June 11, 2025, CADE’s Tribunal initiated the ruling of Administrative Inquiry No. 08700.003498/2019-03, to investigate alleged anticompetitive practices by Google due to the use of journalistic content with no remuneration to media companies.

Reporting commissioner Gustavo Augusto voted to dismiss the case based on a technical opinion from the Department of Economic Studies, which concluded that there was insufficient evidence of an infringement of the economic order.

The study highlighted that indexing and snippets (automatic summaries displayed in search results) are standardized practices and subject to voluntary exclusion mechanisms, and there is no evidence of damage to the traffic of source websites. Potential pro-competitive effects, such as increased visibility and support for small content producers, were also identified.

The reporting commissioner emphasized that CADE has no authority to impose financial compensation, and that any restrictions on the news display could be considered censorship and encourage disinformation.

However, the ruling was suspended due to Commissioner Diogo Thompson’s request for review.

For more information, access the 249th Ordinary Trial Session publicly transmitted on CADE’s channel on Youtube.

CADE’s General Superintendence recommends that Apple be convicted in the case involving the iOS ecosystem

On June 30, 2025, CADE’s General Superintendence (“SG”) recommended that Apple be convicted of anticompetitive conduct involving the iOS ecosystem. According to the decision, the company forced developers to use its payment system exclusively and prevented the sale of third-party digital services, restricting competition within its own platform.

The investigation was launched in 2022, following complaints from Mercado Livre and Ebazar, and concluded that these practices create artificial barriers to competitors and unduly reinforce Apple’s dominant position.

The SG recommended that Apple be convicted and proposed imposing a fine, ceasing the conduct, and adopting corrective measures regarding the Brazilian markets for distributing apps for the iOS operating system.

CADE’s Tribunal will now rule on the case, and Victor Fernandes will serve as reporting commissioner.

For more information, please access: SG/Cade recommends that Apple be convicted of anti-competitive conduct in the iOS ecosystem.