JUE 14 DE NOVIEMBRE DE 2024 - 03:20hs.
Anderson Almeida, criminal lawyer

Brazil can combat money laundering with illegal 'Bets'

In an opinion column for Folha, Anderson Almeida, a criminal lawyer specializing in criminal law and procedure and criminology, assures that the recent operation by the Federal Police demonstrates that the work to combat money laundering in the sector of the ‘Bets’ – as operators are called in Brazil - has been carried out successfully by the authorities and that it is not an insoluble problem.

The side effect of publicizing the work of criminal prosecution agents is that the crimes being combated are exaggerated in the eyes of the public. Thus, if hypothetically the Federal Police arrests a corrupt politician, corruption in politics takes on the appearance of an insurmountable scourge — and not a problem that can be effectively combated.

In the case of the crime of money laundering, we are experiencing something similar to the progress of Operation Integration, which arrested influencers and businessmen involved in both illegal gambling and sports betting houses — the famous betting houses, which are legalized.

In the wake of this side effect, the discussion around control mechanisms is gaining momentum. It turns out that Brazil already has a robust set of tools to combat money laundering — including in the context of sports betting and other activities related to gambling.

To begin with, the country has law 9.613/1998, which specifically deals with the crime of money laundering and which was updated by law 12.683/2012. In addition, it has efficient investigation mechanisms, such as the Financial Intelligence Unit (UIF).

Formerly known as Coaf (Financial Activities Control Council), the UIF is responsible for receiving and analyzing financial transactions considered suspicious. It is the first line of defense in the fight against money laundering.

We also have agencies that help combat this type of crime, such as the Securities and Exchange Commission (CVM) and the Central Bank, which oversee compliance with money laundering prevention standards.

It is important to remember that betting houses were regulated by law 13.756/2018, which establishes the rules for sports betting, and by law 14.790/2024, which defined the taxation of these businesses and introduced compliance rules.

The regulation requires financial institutions and gaming houses to implement "due diligence" procedures, which include verifying the identity of customers, monitoring transactions and reporting suspicious activities.

The Brazilian list of tools to combat money laundering also includes international cooperation. The country is a member of the Financial Action Task Force (FATF), which acts globally against this type of crime and the financing of terrorism.

It is clear, however, that combating money laundering in the 'Bets' sector presents challenges that need to be overcome. There is always room for legislation to be detailed so that the sports betting market operates efficiently and legally in the country.

It is also necessary to monitor the market so that the current regulations do not become a dead letter, to require companies to invest in technology to prevent the manipulation of sports competitions and also to guarantee the integrity of bettors' data.

And this does not mean, under any circumstances, that the country is not prepared to deal with the fight against money laundering in the 'Bets' sector. The recent operation by the Federal Police —let's go back to the beginning— demonstrates that the work is being done by the competent authorities and that this is not an insoluble problem.

The effectiveness of our mechanisms depends on the combination of strict regulation, efficient monitoring and cooperation between the authorities and the private sector. The fight against this type of crime is ongoing and should not scare anyone.

Anderson Almeida
Criminal lawyer, he is a specialist in criminal law and procedure and in criminal law and criminology