Fraud in Cryptocurrency in Brazil

Expanding on the complexities of financial fraud in the realms of forex and cryptocurrency, an unsettling trend emerges within the context of international financial frauds. Predators are not confined by national boundaries and often operate from one country to defraud victims in another. An alarming pattern has been noticed in fraudulent activities perpetrated by Brazilians residing in the U.S. against individuals in their home country, Brazil. This insidious strategy takes advantage of a sense of shared identity and trust, coupled with the obscurity provided by geographical distance.

Transnational financial frauds like these create an added layer of complexity, as they often fall under the jurisdiction of multiple countries. In the case of a scheme run from the U.S. targeting Brazilian citizens, both U.S. and Brazilian law enforcement would likely be involved. These perpetrators cleverly exploit gaps and differences in international legal systems, banking on slower inter-governmental cooperation to buy time and prolong their operations.

The allure of foreign investments often makes victims overlook red flags. In these schemes, the fraudsters, who are well-aware of the cultural nuances and trust elements of their home country, represent themselves as successful investors or business persons based in the U.S., thus creating an illusion of credibility and legitimacy. The very fact that they are operating from the U.S., a world economic powerhouse, adds a veneer of trustworthiness to their schemes, enabling them to deceive fellow countrymen more easily.

In the realm of forex and cryptocurrency, such transnational frauds can be particularly devastating. These are complex investment areas where average investors often lack the expertise to thoroughly vet investment opportunities. Cryptocurrencies, with their promise of high returns and general aura of modern, cutting-edge investment, are particularly effective bait. This is compounded by the fact that forex and cryptocurrency markets operate around the clock, rendering investments in different time zones normal, thus disguising another potential warning sign.

In response to such international frauds, legal enforcement agencies worldwide have been strengthening their cooperative efforts. In the U.S., agencies such as the FBI and the Securities and Exchange Commission work with their foreign counterparts to investigate and prosecute these complex crimes. Wire Fraud (18 U.S.C. § 1343) and Money Laundering (18 U.S.C. § 1956) laws apply not just domestically but also internationally, offering legal avenues to bring such perpetrators to justice.

However, due to the nature of these transnational frauds, victims often face prolonged legal battles. Given the complexity of gathering evidence across borders and the challenges of extradition, legal proceedings can be arduous and drawn out. Even when perpetrators are successfully prosecuted, the recovery of stolen funds is often partial and slow, leaving victims to bear heavy financial losses.

In conclusion, as the world becomes more interconnected, the incidence of transnational financial frauds, especially in forex and cryptocurrency investments, is likely to rise. While law enforcement agencies worldwide are increasing their vigilance and improving international cooperation, prospective investors should be aware of the risks. They need to conduct thorough background checks and exercise caution, particularly when dealing with overseas entities. Amidst the promise of lucrative returns, the old adage holds – if it seems too good to be true, it probably is.

But it is always important to understand the other side of the coin.

Perpetrators of transnational financial fraud are subject to numerous legal charges due to the severity of their actions and the harm they cause to individuals and financial systems. The charges levied against these fraudsters vary based on the specifics of their schemes, the legal systems of the countries involved, and the international treaties in place.

In the U.S., a wide array of federal laws are applicable to such cases, demonstrating the government’s commitment to combating financial fraud. Wire Fraud (18 U.S.C. § 1343), for instance, can apply if fraudsters used electronic communication methods to defraud victims. The fact that electronic communication often crosses state and national boundaries allows for the broad application of this law, making it especially relevant in cases of transnational fraud.

Similarly, Money Laundering (18 U.S.C. § 1956) charges can be levied if the fraudulently obtained funds are conducted or attempted to be conducted through financial transactions to conceal the source of the illicit funds. This law is significant in international fraud cases, as money laundering is a common practice used by fraudsters to obfuscate the trail of stolen money, making it difficult for law enforcement to trace and recover funds.

Moreover, fraudsters who collaborate with others to commit fraudulent acts can be charged with Conspiracy (18 U.S.C. § 371). Conspiracy charges underscore

Perpetrators of transnational financial fraud are subject to numerous legal charges due to the severity of their actions and the harm they cause to individuals and financial systems. The charges levied against these fraudsters vary based on the specifics of their schemes, the legal systems of the countries involved, and the international treaties in place.

In the U.S., a wide array of federal laws are applicable to such cases, demonstrating the government’s commitment to combating financial fraud. Wire Fraud (18 U.S.C. § 1343), for instance, can apply if fraudsters used electronic communication methods to defraud victims. The fact that electronic communication often crosses state and national boundaries allows for the broad application of this law, making it especially relevant in cases of transnational fraud.

Similarly, Money Laundering (18 U.S.C. § 1956) charges can be levied if the fraudulently obtained funds are conducted or attempted to be conducted through financial transactions to conceal the source of the illicit funds. This law is significant in international fraud cases, as money laundering is a common practice used by fraudsters to obfuscate the trail of stolen money, making it difficult for law enforcement to trace and recover funds.

Moreover, fraudsters who collaborate with others to commit fraudulent acts can be charged with Conspiracy (18 U.S.C. § 371). Conspiracy charges underscore the fact that not only the main perpetrator but also those who conspire with them share the responsibility and, hence, the consequences of their fraudulent actions.

The application of these laws showcases the federal government’s commitment to maintaining the integrity of the nation’s financial system and protecting individuals from financial crimes. These laws are stringent because they need to serve as an effective deterrent to potential fraudsters. Moreover, they seek to uphold the faith of individuals and corporations in the financial system and safeguard their hard-earned money.

In cases where fraudsters are operating from the U.S. but defrauding individuals in another country, the U.S. government works in conjunction with foreign law enforcement agencies to investigate and prosecute the offenders. International treaties and agreements often provide a legal framework for this cooperation, which can include sharing evidence and extraditing criminals. These collaborations enhance the global effort to combat financial fraud and bring perpetrators to justice, regardless of where they are located.

Nevertheless, the legal battles in transnational fraud cases can be complex and prolonged due to the need for international cooperation and the difficulties of gathering evidence from multiple jurisdictions. This emphasizes the importance of preventive measures, including public awareness and education about the risks of financial fraud.

The legal repercussions of committing transnational financial fraud are severe, reflecting the gravity of these crimes. While law enforcement agencies worldwide are working together more closely than ever to fight these crimes, individuals must remain vigilant and prudent in their investment decisions to protect themselves from falling victim to such schemes

Also see:

  1. FINRA (Financial Industry Regulatory Authority)www.finra.org
  2. SEC (U.S. Securities and Exchange Commission)www.sec.gov
  3. FBI’s Internet Crime Complaint Center (IC3)www.ic3.gov
  4. CFTC (Commodity Futures Trading Commission)www.cftc.gov
  5. FS-ISAC (Financial Services Information Sharing and Analysis Center)www.fsisac.com
  6. Europol’s European Cybercrime Centre (EC3)www.europol.europa.eu
  7. INTERPOL Cybercrime Directoratewww.interpol.int
  8. Chainalysiswww.chainalysis.com
  9. CipherTracewww.ciphertrace.com
  10. Crystal Blockchainwww.crystalblockchain.com
  11. U.S. Department of the Treasurywww.treasury.gov
  12. Anti-Phishing Working Group (APWG)www.apwg.org
  13. Federal Trade Commission (FTC)www.ftc.gov
  14. Better Business Bureau (BBB)www.bbb.org
  15. The North American Securities Administrators Association (NASAA)www.nasaa.org
  16. UK’s Financial Conduct Authority (FCA)www.fca.org.uk
  17. International Organization of Securities Commissions (IOSCO)www.iosco.org
  18. The Association of Certified Fraud Examiners (ACFE)www.acfe.com
  19. International Chamber of Commerce (ICC)www.iccwbo.org
  20. Action Fraud (UK’s national reporting center for fraud)www.actionfraud.police.uk
  21. Bank for International Settlements (BIS)www.bis.org
  22. International Monetary Fund (IMF)www.imf.org
  23. Consumer Financial Protection Bureau (CFPB)www.consumerfinance.gov
  24. Financial Action Task Force (FATF)www.fatf-gafi.org
  25. Cybercrime Support Networkwww.cybercrimesupport.org
  26. National White Collar Crime Center (NW3C)www.nw3c.org
  27. The National Fraud Intelligence Bureau (NFIB, UK-based) – Typically accessed via the Action Fraud website.
  28. Scamwatch (run by the Australian Competition and Consumer Commission)www.scamwatch.gov.au
  29. Canadian Anti-Fraud Centrewww.antifraudcentre-centreantifraude.ca
  30. World Bankwww.worldbank.org
  31. World Economic Forum (WEF)www.weforum.org
  32. Organization for Economic Co-operation and Development (OECD)www.oecd.org
  33. United Nations Office on Drugs and Crime (UNODC)www.unodc.org
  34. The Global Cyber Alliance (GCA)www.globalcyberalliance.org
  35. Cyber Threat Alliancewww.cyberthreatalliance.org
  36. Center for Internet Securitywww.cisecurity.org
  37. SANS Institutewww.sans.org
  38. The Internet Crime Prevention & Control Institute (ICPCCI) – This might not have a direct website, but associated content could be found on other platforms.
  39. Electronic Frontier Foundation (EFF)www.eff.org
  40. CyberPeace Institutewww.cyberpeaceinstitute.org
  41. European Union Agency for Cybersecurity (ENISA)www.enisa.europa.eu
  42. Center for Strategic & International Studies (CSIS)www.csis.org
  43. The Brookings Institutionwww.brookings.edu
  44. Asian Development Bank (ADB)www.adb.org
  45. African Development Bank Groupwww.afdb.org
  46. The Organisation of American States (OAS)www.oas.org
  47. Council of Europe’s Committee on Cybercrimewww.coe.int
  48. Internet Governance Forum (IGF)www.intgovforum.org
  49. Cybersecurity & Infrastructure Security Agency (CISA)www.cisa.gov
  50. European Central Bank (ECB)www.ecb.europa.eu
  51. Office of the Comptroller of the Currency (OCC)www.occ.gov
  52. National Association of Insurance Commissioners (NAIC)www.naic.org
  53. Federal Deposit Insurance Corporation (FDIC)www.fdic.gov
  54. The Basel Committee on Banking Supervisionwww.bis.org/bcbs
  55. International Association of Insurance Supervisors (IAIS)www.iaisweb.org
  56. Internet Society (ISOC)www.internetsociety.org
  57. Institute of International Finance (IIF)www.iif.com
  58. The World Federation of Exchanges (WFE)www.world-exchanges.org
  59. Economic Cooperation Organization (ECO)www.ecosecretariat.org
  60. International Swaps and Derivatives Association (ISDA)www.isda.org
  61. Financial Stability Board (FSB)www.fsb.org
  62. International Securities Services Association (ISSA)www.issanet.org
  63. The Counter Extremism Project (CEP)www.counterextremism.com
  64. Internet Corporation for Assigned Names and Numbers (ICANN)www.icann.org
  65. Eurasian Group on Combating Money Laundering and Financing of Terrorism (EAG)www.eurasiangroup.org
  66. Committee on Payments and Market Infrastructures (CPMI)www.bis.org/cpmi
  67. North Atlantic Treaty Organization (NATO)www.nato.int
  68. African Union’s Mechanism for Police Cooperation (AFRIPOL)www.au.int/en/afrisol
  69. Economic Community of West African States (ECOWAS)www.ecowas.int
  70. The Caribbean Financial Action Task Force (CFATF)www.cfatf-gafic.org
  71. Asia/Pacific Group on Money Laundering (APG)www.apgml.org
  72. Grupo de Acción Financiera de Latinoamérica (GAFILAT)www.gafilat.org
  73. Middle East & North Africa Financial Action Task Force (MENAFATF)www.menafatf.org
  74. Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG)www.esaamlg.org
  75. Commonwealth of Independent States Anti-Terrorism Center (CIS ATC) – This might not have a direct website, but associated content could be found on other platforms.
  76. Egmont Group of Financial Intelligence Unitswww.egmontgroup.org
  77. Inter-American Development Bank (IDB)www.iadb.org
  78. Institute for Development and Research in Banking Technology (IDRBT, India)www.idrbt.ac.in
  79. European Cybercrime Centre (EC3) at Europolwww.europol.europa.eu/ec3
  80. The Financial Services – Information Sharing and Analysis Center (FS-ISAC)www.fsisac.com
  81. Eurasian Development Bank (EDB)www.eabr.org
  82. Eurasian Economic Commission (EEC)www.eurasiancommission.org
  83. European Banking Authority (EBA)www.eba.europa.eu
  84. The Chatham Housewww.chathamhouse.org
  85. Institute for Economics and Peacewww.economicsandpeace.org
  86. Organisation of Islamic Cooperation (OIC)www.oic-oci.org
  87. Shanghai Cooperation Organization (SCO)www.sectsco.org
  88. Union of South American Nations (UNASUR) – The organization’s website might have changed or become inactive; you might need to search for more recent details.
  89. Cyber Defence Alliance (CDA) – This is a more private collaboration, so a direct website might not be available.
  90. The SWIFT Institutewww.swiftinstitute.org
  91. International Bank for Reconstruction and Development (IBRD)www.worldbank.org/ibrd
  92. International Finance Corporation (IFC)www.ifc.org
  93. Multilateral Investment Guarantee Agency (MIGA)www.miga.org
  94. International Centre for Settlement of Investment Disputes (ICSID)icsid.worldbank.org
  95. Organization of Petroleum Exporting Countries (OPEC)www.opec.org
  96. CyberGreenwww.cybergreen.net
  97. Digital Currency Initiative at the MIT Media Labwww.media.mit.edu/groups/digital-currency/overview/
  98. European Payments Council (EPC)www.europeanpaymentscouncil.eu
  99. Association for Financial Professionals (AFP)www.afponline.org

 

ADVOGADO INTERNACIONAL

Dr. Mauricio Ejchel

International Lawyer, graduated from the Law School of the Pontifical Catholic University of São Paulo, Postgraduate in International Relations at Laureate International Universities, admitted to the Brazilian Bar in 1995, founding partner of MF Ejchel Advocacy International (est. 1996), law specialist commentator at the Brazilians TV Networks and columnist for Radio Justice, that belongs to the Brazilian Supreme Court.

Dr. Ejchel concentrates his expertise on international family law, lectures on international child abduction and other international family law topics on television and radio show and is frequently featured in the print media.


As an academic writer, has several legal articles published both in Portuguese and English.
With over 25 years of legal experience and commitment to the advocacy, he provides strategic legal advices based on his ability to manage complex cases and negotiate legal contingencies, being also an experienced barrister, obstinately acting before the Brazilian Courts in numerous lawsuits.