Tuesday , September 29 2020

Tofoli denies being questioned and asks Kof for further clarification


Chief Justice of the Supreme Court, Minister Diaz Tofoli, has denied a request for reconsideration of a ruling seeking information from the IRS and the former Koaf, the current Financial Intelligence Unit (FIU). According to Tofoli, contrary to what was reported, the Supreme had no access to intelligence reports. In addition to denying the request, the minister asked the FIU for further clarification.

Nelson Runner ./SCO/STF

According to press reports, Tofoli reportedly had access to more than 600,000 reports. In view of this, the Attorney General of the Republic, Augusto Aras, requested reconsideration. According to him, Tofoli's invitation could endanger the system of financial intelligence as the action calls for confidential documents without specifying specific needs or names, only to become familiar with the methodology used by the Financial Intelligence Unit (FIU).

For Tofoli, the claim is unfair. According to him, the requested documents have already been made available, in the form of tax representations for criminal purposes (CRPP), to the entire justice system. "Therefore, by submitting this information to the court, the IRS has shown transparency in communicating the addresses of its activities, which would be difficult to characterize as a disproportionate and invasive measure."

Regarding the information provided by FIU, Tofoli said that the agency had only informed its activities and that access to the reports, without exception, depended on the prior registration of the authorities. According to the minister, the Supreme had not registered or had access to reports.

"It should not be overlooked that this process, precisely because it contains sensitive information enjoying constitutional protection, is subject to a secrecy clause and therefore there is no need to consider the existence of any invasive measure on the part of the Supreme Court, the largest judicial authority. in the country, "he added.

Finally, Tofoli made further requests to the FIU, claiming that the information on the recipients of the reports submitted to the relevant authorities by the FIU is not clear so far.

This is why the FIU asked, among other things, which institutions and agents were registered, how many reports were official and how many were requested and which agents.

The Minister also asked the MOC itself to voluntarily report how many and which MOC members (with their positions and functions) are enrolled in the system; how many intelligence reports they received from the MOC through a spontaneous report sent by the official FIU; and how many reports the MOC received for its own request.

Click here to read the decision.

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