Latest News

The US terrorist label could increase business costs for Brazil's gangs

As of Friday, the U.S. designated Brazil's largest criminal groups as "Foreign Terrorist Organizations" (FTOs). This is likely to increase risks and costs of doing business in Brazil where gangs are well-established. Comando Vermelho (CV), and Primeiro Comando da Capital, both of the 'biggest Brazilian crime gangs, began in prisons during the 1970s. Since then, they have grown to dominate drug trafficking in South America and their money laundering operations have spread into the far corners of Brazil’s mainstream economy. Investigators have recently discovered that both groups are deeply embedded in sectors like fuel distribution, real-estate and finance. They also commit fraud while laundering billions of dollars from drug profits. The designation of the gangs as terrorists announced last week in Washington and'rejected' by Brazil opens the way for U.S. heavy sanctions, criminal investigations and civil liability for companies that deal with them 'indirectly.

In a recent?note, Pinheiro Neto Advogados, a Brazilian law firm, said that asset freezes, bank restrictions, and increased regulatory scrutiny were also possible.

Rodrigo Caldas de Carvalho Borges is a partner at the law firm CBA Advogados. He said that "the U.S. Policy internationalizes a threat that the Brazilian Financial Sector was already obliged to manage." The most immediate effect will be the intensification of due diligence and increased demands from international partners.

Risks and costs associated with compliance extend well beyond the financial services industry. Few sectors of the Brazilian economic system have been spared the money-laundering schemes of gangs. A major police operation in August revealed that a scheme was being used to move 52 billion reais (about $10,3 billion) from 2020-2024 through PCC-controlled fuel distributors and gas stations.

A second phase of investigations, conducted last week, found that fintechs and funds located along the Avenida Faria Lima in Sao Paulo (the heart of Brazilian finance) were involved in the laundering of $5 billion over a period of four years.

In recent years, the lower barriers to entry for Brazil's fintech companies and a looser regulatory oversight have made them an attractive?channel for laundering drug money. This could mean that larger lenders who have stricter controls on?governance can avoid the worst. Washington closed down only?two smaller commercial bank and a brokerage in Mexico after U.S. terrorist designations were made for drug traffickers.

Fitch Ratings said that the small market share of the institutions affected, as well as the swift regulatory response, had helped to limit the risk for a wider market disruption. Reporting by Luciana Magnhaes and Ricardo Brito, Editing by Brad Haynes & Stephen Coates

(source: Reuters)