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National Monetary Councils’ Resolution And Bruno Fagali’s Deadline

As Brazil strengthens the integrity of its financial institutions through improved compliance policies, the National Monetary Council (CMN) has published Resolution No. 4,595. At the forefront of this new movement is Brazil’s top legal advocate, Bruno Fagali.

Bruno Fagali is spearheading Brazil’s pro-compliance and ethics policies by providing expert legal council and implementation. Bruno Fagali’s passion and constant striving to improve Brazil’s legal system has propelled him to the top. He is a member, founder and partner of the Fagali Advocacia, his own law firm. Bruno Fagali’s office is located in Sao Paulo and it specializes in public and electoral anti-corruption. His success is derived from his self-motivated attitude toward improving Brazil’s ethics, integrity and overall public image. His ability to deliver results and implement policies promptly and strictly has gained him the reputation of being one of the best legal practitioners in Brazil.

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Resolution No. 4595 applies to financial institutions and other institutions that are approved by the Central Bank of Brazil. Bruno Fagali also mentioned that the Resolution does not apply to Consortium administrators or payment institutions. Credit Union compliance policies must be agreed upon at the general meeting. It must be mentioned that the division responsible for overseeing the compliance functions must be entirely separate from any internal auditing processes.

Bruno Fagali has stated that the Resolution has provided measures for how institutions should conform to the new policies. This includes the division of activities when implementing the compliance functions in order to avoid conflicts of interest.

It is also important for institutions to understand that they must keep a minimum of five years of reports obtained from the compliance functions on hand. These documents must be brought forth whenever the Central Bank of Brazil requests them. Bruno Fagali has clearly and publically stated that the final deadline for implementing Resolution 4595/17 for all institutions that are subject to the new Resolution is December 31st, 2017.

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Protection for Whistle-Blowers

Employees from every station in life have found the courage to report violations regarding securities to the SEC. These workers have protection now because of the Dodd-Frank Wall Street Reform and Consumer Protection Act which went into effect in 2010. This act provides significant protections for whistle-blowers, as well as offering possible financial incentives, for accurate information. These employees are able to report possible issues of the federal securities laws to the Securities and Exchange Commission (SEC).

This important legislation led the distinguished firm of Labaton Sucharow to be the first law firm in the United States to design a firm that was focused solely on the protection and advocacy for SEC whistle-blowers. Led by Jordan A. Thomas, the former Assistant Director and Chief Litigation Counsel for the Enforcement Division of the SEC, this group is well versed in the nuances of the law. The groups is comprised of forensic accountants, analysts, investigators and former state and federal law enforcement agents. As an added benefit, Jordan A. Thomas who is lead counsel played a major role in establishing the Whistle-blower Program.

The program requires the Securities Commission to compensate whistle-blowers with 10-30% of the money recovered as a result of their information, or if penalties are more than one million dollars. The Dodd-Frank Act also protects employees with job security if they report irregularities to the SEC. Employees cannot be penalized or have their job threatened as a result of reporting violations.One of the most important provisions of this Act is the ability for the employer to report issues anonymously if an attorney represents them.

If you would like more information about the Whistle-blower Program, you can contact the team of Labaton Sucharow by telephone or fax found on their website: [email protected] You can request a case evaluation at no charge. Any meeting you have with the firm is strictly confidential with attorney-client protection. You are not required to divulge any personal information (although it is recommended). Translators are available upon request.

If you find yourself in a difficult situation regarding violations pursuant to the SEC, don’t fight the system alone. Labaton Sucharow has the experience and knowledge to guide you through the process. You will be protected and compensated for valid reporting.

Learn more about SEC Whistleblower Lawyers