The Valencian Anti-Fraud Agency exposes its work in the recovery of assets at the University of Valencia


Valencia. – May 16, 2024

The Valencian Anti-Fraud Agency participated in the I International Congress “Illicit gains and criminal justice system: a global perspective” organized by the University Research Institute in Criminology and Criminal Sciences of the University of Valencia.

Gustavo Segura Huerta. Director of Analysis and Research of the AVAF represented the institution with the contribution: “The role of the Valencian Anti-Fraud Agency in the recovery of assets.”

The conference took place in the Tomás S. Vives Antón room of the Faculty of Law of the University of València, with José León Alapont, professor of Criminal Law at the University of València, as their director.

The 90 people of the university community attending the conference, which took place on May 16 and 17, gathered around issues related to corruption, crypto-laundering and tax crimes, among others.

AVAF Conference highlights the need for supervision in the execution of public contracts to avoid irregularities

València, May 9, 2024.- 

The Valencian Anti-Fraud Agency has organized a Conference on irregularities in the execution phase of contracts in the public sector with the collaboration of the Legal Consultiu Council of the Valencian Community.

118 public institutions and more than 270 people attended the event, both in the Assembly Hall of the Consell Jurídic Consultiu and through the internet, where the central axis has been to give importance to the execution phase in public procurement, highlighting the irregularities detected by legal operators.

The day was inaugurated by the president of the Legal Consultiu Council of the Valencian Community, Margarita Soler and the director of the Agency, Joan Llinares.

The experts, speakers at the conference, have analyzed irregularities in public procurement and highlighted risks.

Gustavo Segura, director of Analysis and Research at the AVAF, focused his conference on irregularities in public procurement detected in AVAF investigations.

Patricia Boix, senior lawyer of the Consell Jurídic Consultiu, focused on the casuistry of the modification and termination of contracts.

Irene Bravo, director of Prevention, Training and Documentation of the Valencian Anti-Fraud Agency, detailed in her presentation the risks contrary to integrity in the contracting execution phase.

Olga Escribano, from the Independent Office for Regulation and Supervision of Contracting (OIReScon), director of the Division of Promotion of Integrity in Public Contracting and Institutional Coordination) presented the last presentation of the day focused on the supervision of the execution of the contracts by OIReScon, highlighting the main problems and conclusions.

The training day included the contributions of those present through questions and articulated debates with all the speakers, moderated by María José Cervera, director of Administration and Human Resources of the Agency.

The closing of the AVAF day was attended by Cayetano García, regional secretary of the Presidency of the Generalitat Valenciana, Margarita Soler, president of the Legal Consultiu Council of the Valencian Community and Joan Llinares, director of the Valencian Anti-Fraud Agency.

Almost half of the registrations for the AVAF day come from public employees of the local administration (national qualified and technical personnel) with 49.48%, followed by the Generalitat Valenciana, with 26.46%, university personnel public of the Valencian Community and the instrumental public sector.

69.41% of the people enrolled in the training organized by the AVAF were women, compared to 30.59% men.

With this new formation, the Valencian Anti-Fraud Agency continues its work to prevent and fight against fraud and corruption in the Valencian Community.

The presentations from the AVAF Conference are available at the following links:

– Irregularities in public procurement and AVAF investigations. G. Segura
– The modification and termination of contracts: casuistry. P. Boix
– Risks contrary to integrity in the execution phase of the Contract. I Bravo
– Supervision of the execution of contracts by OIReScon: main problems and conclusions

For more information:

U.S. Looks to Foreign Public Officials in Fight Against Corruption (FEPA Act)

On 21 January 2009, Barack Obama began his term as President of the United States with a speech in which he pledged that his term would be governed by transparency, participation and collaboration. These three pillars would define the open government  model that has permeated public policies around the world ever since.

Many of the actions, movements or decisions that are taken in one part of the world have their influence on the rest, especially if the one who makes them is a power like the United States.

Thus, in the field of the fight against corruption, we saw how during the 70s the succession of several corruption cases in the United States led the Securities and Exchange Commission (the equivalent in our country to the CNMV) to carry out an investigation that revealed that more than 400 companies had paid millions of dollars in bribes to public officials.

The direct consequence of this investigation was that in 1977 the U.S. government passed the Foreign Corrupt Practices Act (FCPA), which became one of the main tools in the fight against corruption and is considered the “mother” law of compliance. From the point of view of its application, the FCPA attacked corruption from the perspective of active bribery, that is, from who offers the bribe.

It took until December 14, 2023 for the U.S. Congress to approve the Foreign Extortion Prevention Act (FEPA), which fills the loophole left by the FCPA by regulating passive bribery, i.e., the solicitation of bribes by a foreign public official.

Thus, while the FCPA applies to individuals and companies that pay or agree to pay bribes to foreign officials in exchange for business; FEPA makes it a crime for a foreign government official to demand, receive, or agree to receive a bribe from a U.S. company or individual. And it’s not just cash payments that are collected as bribes, “anything of value” is also included.

Foreign officials who solicit or accept bribes from U.S. entities could face up to $250,000 in fines and up to 15 years in prison.

The rule applies in addition to foreign government officials, to the “high-ranking political figure” that includes senior officials of political parties and senior executives of companies owned by the foreign government.

For the first time, and this is one of the novelties of the FEPA, the criminal liability of foreign public officials is included, which means that this rule has extraterritorial scope, although it remains to be seen what fit extradition agreements or power relations between governments have here.

The approval of the FEPA is part of the Biden Administration’s policy of fighting corruption as a key element of U.S. national security, positioning this country as one of the most advanced in the fight against corruption as it aims to eradicate foreign corruption at its source.

In this framework, the Biden Administration also approved the so-called 2021 Strategy to Counter Corruption, which together with FEPA provides the Department of Justice with new legal tools that allow it to criminally prosecute corrupt foreign officials who often escape justice in their countries of origin.

The FEPA has been approved as part of the National Defense Authorization Act for the year 2024, which in our country would be equivalent to the accompanying law, and had the support of both Republicans and Democrats, which shows how all American political parties join forces in the fight against corruption.

In the same way that the passage of the FCPA led to the birth of compliance and a greater awareness of the importance of the fight against corruption, it is expected that this new FEPA will also be a boost towards greater levels of ethics and integrity around the world.

Amalia López Acera

Head of institutional relations, communication and participation unit of the AVAF

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