Prosecutor General's Office Establishes Terms For Use Of Plea Bargain Agreements In Scope Of Operation Car Wash In Argentina Investigations

Author:Mr Luís Adams, Michel Sancovski, Luiz Santiago, Louise Dias, Maria Eduarda Corteletti, Maria Eugenia Kanazawa, Alisson Fabro and Liliana Coutinho
Profession:Tauil & Chequer
 
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The Prosecutor-General Offices of Brazil ("Procuradoria Geral da República" - "PGR") and Argentina (Procuración General de la Nación - "PGN") have established the basis for a cooperation agreement to allow Argentine courts to use plea bargain and leniency agreements settled within the scope of operation "Car Wash" in ongoing investigations in that country.

The provisions of the tentative cooperation agreement are still confidential, however, according to the PGR, such an agreement ensures immunity for the cooperating individuals and entities investigated and prosecuted in Argentina, and protects the content of the agreements signed with the Brazilian Public Prosecutor's Office.

In June 2017, the PGR and PGN had already entered into an agreement for the creation of a joint investigation team to act on suspicions of corrupt practices by Brazilian companies in Argentina.

According to the PGR, the agreement represents "a breakthrough in the international legal cooperative relationship between the two countries and a major step forward in the fight against corruption."

The facts investigated in "Car Wash", including those subject to leniency and plea bargain agreements, are being investigated in other Latin American countries, according to information from the PGR.

Since the beginning of "Car Wash", the Federal Prosecutor's Office, through the PGR, has entered into bilateral cooperation agreements with authorities from several countries to improve investigations, exchange of information and enforcement of administrative and judicial sanctions against private companies and individuals involved in unlawful practices, establishing a multijurisdictional reach.

Originally published 20 July 2018

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