Sebastian Sal - Sal & Morchio Attorneys at Law - IAACA Coordinator.

Sebastian Sal - Sal & Morchio Attorneys at Law - IAACA Coordinator

Domestic Laws and casework practices


Introduction

a) Globalization of crime.

b) New ways of crimes more complicated and sophisticated.

c) Consequences in many countries, which means different jurisdictions.


* Criminals are aware of it, and take advantage of the situation.

* Fight corruption on a global scale.

* On one hand, we observe an enormous extent of international initiatives to combat and criminalize corruption, but on the other hand, the reduction of trade barriers as well as increasing opportunities for a free flow of goods, information and money appear to ease the occurrence of worldwide corrupt practices.

*Multinational Companies have been accused of bribe activities


SHOW ME THE MONEY!!!

Important motivationSebastian Sal - Sal & Morchio Attorneys at Law - IAACA Coordinator


Article 31 UNCAC establishes that Each State Party should take measures in order to freeze, seize and confiscate proceeds, property, equipment or other instrumentalities used in or destined for use in offences established in accordance with this Convention.

Each State Party shall empower its courts or other competent authorities to order that bank, financial or commercial records be made available or seized.


The Argentinean Legal System is similar to the European Continental System.

That means that is based in Codes (not in cases, as the Common Law System).

The Argentine Penal Code does not provide any penal sanctions against the Corporations itself (except in customs matters).

Corporation’s Directors and/or the person who effectively commit the criminal act are responsible for criminal acts done by Corporations.

First Problem

This situation creates a big problem when you try to recover or seize properties or proceeds, because usually the money of a crime is transferring trough corporate bank accounts.


National Law

Article 23 of the Argentine Penal Code establishes that confiscation of goods is allowed when the author or the participants of a crime acted as agents, members or managers of a person of ideal existence (e.g. Corporation), and the profit of the offense has benefited a legal entity.


Many cases in ArgentinaThere are some famous cases of corruption in Argentina in

which seizure of property happened: the “Alsogaray case” (related with public corruption),

the “IBM - Banco Nación” case, ( a 70 US$ M fraud) the Skanska case (bribes in order to win a public bidding) the selling of weapons to Croatia and Ecuador from

Argentina in the 90´s (Argentina was part of the UN Peace group at the same time);

A money laundering case related with the money collected for the presidential campaign of the current Argentine President, Mrs. Cristina Kirchner, in which is involved the President of Venezuela


International cases

But, what happened in cases that involves international cooperation?

We have another big problem here.


CaseworkYears ago (when I was working at the Judiciary

Power) I was in charge of a Money Laundry case.

We discovered the route of the money (always “follow the money”) but we need collaboration of the Countries involved there in order to obtain trial proofs:

Uruguay (a Tax Paradise), England, Switzerland,

the US and the British Administrated Caiman Island.


The “BUT” ProblemWe requested the information and all the

Countries involved provided us help, but – there is always a “but” – we have problems with the Caiman Island Governor.

Therefore, we had a meeting with the British Ambassador in Buenos Aires and he said “ To get information from the Caiman Island depends on the mood of the Governor of the Islands, and the Governor of the Islands is usually in bad mood”


More cases In other case, we were investigating a weapons smuggling.

We knew the name of the smuggler, his nationality (he was German), his ID number, his address in the US (we discovered that before of that case the man was arrested in the US) but – always but – the “criminal” was a TOP guy.

Suddenly, nobody seems to know him. The Germans authorities (that at the beginning of the case help us) stop to bring information. Interpol also started to be unable. The FBI told us that “they only provide information with the birth date, because its files were organized in that way”, the Mossad said “we are in good relations with

Germany now and we do not want to create a trouble”Sebastian Sal - Sal & Morchio Attorneys at Law - IAACA Coordinator

Different Interest

It seems that the international cooperation is very difficult to organize ( and to enforce), because involves many and different interest.

We have the tools…BUT


The same happened when Argentinean help is required.

Argentina has the legal tools to collaborate in international cases, BUT, it depends on the kind of case, the political motivations and the people involved.


No matter how many treaties or convention any country signed, the most important issue in order to succeed in international investigations is to know who is in the other side of the telephone.

Personal relationship is the most important asset that one could have in order to solve problems and skip bureaucracy


Thank you!For more information:

Sebastián Sal

[email protected]

[email protected]


Sebastian Sal - Sal & Morchio Attorneys at Law - IAACA Coordinator.

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