Fabyola En Rodrigues
Compliance and Investigations White-Collar Crime
Partner in the Corporate Investigations area at Demarest, focused on White Collar Crime and Compliance matters, Fabyola En Rodrigues holds a PhD in Corporate Criminal Law, a master’s degree in Criminal Law from PUC-SP, and a specialization in Corporate Crime from FGV. She attended a course on Money Laundering, at the invitation of the US Government, and participated in a project with Professor Jérôme Fromageau, of the Paris-Sud University on legal sanctions under the Environmental Sanctions Act. Latin American Regional Officer of the IBA International Committee, Fabyola has given seminars on the civil and criminal liability of managers before the boards of directors of Brazilian and multinational groups, and has lectured on civil and criminal liability on environmental matters, anti-corruption law, money laundering, insider trading and compliance. As a result of her doctoral thesis, Bill No. 6,019/2019 – authored by Senator Wellington Fagundes – is currently under analysis by the Brazilian Federal Senate, and introduces new grounds for extinguishing punishment in Article 54 of Law No. 9,605/1998 (the Environmental Crime Law). Fabyola is also frequently invited to lecture at Mackenzie Presbyterian University, PUC-SP, Damásio de Jesus College, among others. She is a member of the teaching staff of PUC-SP COGEAE Post-graduate Course in Criminal Procedure since the course was first structured.
- Provided legal advice and written defense for the defendant, former Chief Commercial Officer of a construction company involved in Operation Car Wash, in a criminal case.
- Represented one of Brazil's leading fuel distributors in a police investigation launched by the state's Civil Police to investigate fraud involving tax records.
- Advised the Legal Director of a Canadian company in a case involving an alleged crime of federal non-compliance. The company allegedly failed to comply with requirements imposed by a justice in a labor lawsuit. The charges of federal non-compliance were rejected.
- Assisted in a criminal investigation with judicial authorities in an internal compliance inquiry into a Brazilian holding company that discovered that a group of employees and its former Commercial Officer had embezzled approximately BRL 20 million from the holding company, thus committing the crime of larceny by trick and money laundering. The company was qualified as an assistant prosecutor in the criminal lawsuit against the former employees and the aforementioned director.
- Represents the Chief Financial Officer of one of Brazil's largest mining companies, who was charged by the Federal Public Prosecutor's Office with the crime of insider trading in the Brazilian stock market. Fabyola represented the officer in the criminal lawsuit, and submitted a written defense to withdraw the charges before the courts and the Securities and Exchange Commission. Only a few professionals deal with crimes of insider trading (capital market crimes) within the Brazilian Legal System.
- PhD in Criminal Procedural Law from the Pontifical Catholic University of São Paulo (PUC-SP), São Paulo, Brazil (2013)
- Master in Criminal Law from the Pontifical Catholic University of São Paulo (PUC-SP), São Paulo, Brazil (2005)
- Specialization in Corporate Crime by Fundação Getúlio Vargas (FGV), São Paulo, Brazil (2002)
- Law Degree from the Pontifical Catholic University of São Paulo (PUC-SP), São Paulo, Brazil (1996)
- Latin American Regional Forum Liaison Officer of the Criminal Law Committee
- Vice-President of the Anticorruption and Compliance Committee of the Brazilian Bar Association, Subsection of Pinheiros (OAB SP)
- Member of the American Bar Association (ABA) Anti-Corruption Committee
- Member of the International Bar Association (IBA) Transnational Crimes Committee
- Member of the Compliance Committee of the São Paulo Lawyers Institute (IASP)
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