Strategic Research Sponsor of the American Bar Association's Section of International Law
Antenor Madruga
Office:
SMDB, Cj. 17, Lt. 1, Cs 1
71680-170
City:
Brasília
Country:
Brazil
Tel:
+55 61 3966 4850

Questions and Answers:

Who's Who Legal Thought Leaders: Asset Recovery

Antenor Madruga is a founding partner of FeldensMadruga, practising criminal law, asset recovery and compliance.

Prior to joining private practice, Antenor was a federal attorney. He acted as national secretary of justice, and as director of asset recovery and international cooperation at the Ministry of Justice; as adjunct solicitor-general; as member of the board of the Brazilian Financial Unit (COAF); and as coordinator of the National Strategy for Combating Corruption and Money Laundering. Antenor is a member of the self-regulation board of the Brazilian Federation of Banks.

DESCRIBE YOUR CAREER TO DATE.

Between 1996 and 2007 I was a federal attorney and held several positions in the Brazilian federal government, including national secretary of justice; director of asset recovery and international cooperation; assistant solicitor-general; member of the Brazilian Financial Unit board (COAF); and coordinator of the National Strategy for Combating Corruption and Money Laundering. 

In 2007, I joined private practice as a partner of the law-firm Barbosa Müssnich & Aragão (BMA). At BMA, I implemented the corporate compliance and white-collar crime practice, continuing my experience in asset-recovery.

In 2013 I left BMA and found FeldensMadruga with my partner Luciano Feldens. The firm maintains a strong international mutual legal assistance and asset recovery practice.

I am currently also a member of the self-regulation board of the Brazilian Federation of Banks (FEBRABAN).

WHY DID YOU CHOOSE TO FOCUS YOUR PRACTICE ON ASSET RECOVERY AND INVESTIGATIONS WORK?

In the public sector, I had the opportunity to work at the forefront of matters related to asset recovery. From 1996 to 2007, I worked on some of the most relevant asset recovery cases in Brazil and participated in policy-making related to the efforts of the Brazilian government to recover assets abroad. After joining private practice, I continued to use and renew my experience in the area. It was therefore natural to continue with the practice.

WHAT ARE THE GREATEST CHALLENGES CURRENTLY FACING PRACTITIONERS IN THE FIELD?

Practitioners must overcome challenges related to different jurisdictions. Requirements in different jurisdictions may delay procedures or at times even become an impediment.

SINCE SETTING UP YOUR OWN FIRM IN 2013, HOW HAVE YOU ENSURED YOUR FIRM STANDS OUT FROM ITS COMPETITORS IN THE BRAZILIAN MARKET?

We are continuously researching international cases and precedents in the Brazilian judiciary to remain at the forefront of the topic. We also take efforts to maintain contacts in relevant foreign jurisdictions.

HOW HAS YOUR EXPERIENCE AS DIRECTOR OF ASSETS RECOVERY AT THE MINISTRY OF JUSTICE HELPED YOU IN YOUR PRIVATE ASSET RECOVERY PRACTICE?

It has been essential to implement our asset recovery practice. Not only has it given me experience in working in some of the largest asset recovery cases in the country, but also allowed me to participate in policy-making.

IN WHAT WAYS HAS THE PACE OF TECHNOLOGICAL CHANGE AFFECTED THE WAY IN WHICH YOU APPROACH ASSET RECOVERY WORK?

Technological change is creating new possibilities for asset tracing and accelerating the pace of asset recovery.

AS A MEMBER OF THE ICC’S FRAUDNET, HOW IMPORTANT DO YOU THINK INTERNATIONAL NETWORKS AND ALLIANCES ARE FOR TRACING, FREEZING AND RECOVERING ASSETS?

They are essential in asset recovery work. It is not only useful in the actual tracing of the assets, but even more importantly in assisting in the necessary local legal proceedings.

HOW DO YOU SEE THE ASSET RECOVERY FIELD DEVELOPING OVER THE NEXT FIVE YEARS?      

Technological advances and the greater cooperation between jurisdictions should greatly impact asset recovery cases.

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