Wealth Explosion During the Term
The fortune of the President of the United States, Donald Trump, grew by more than US$ 2 billion (about R$ 10.3 billion) in the past year alone, according to his own financial disclosure. The jump was driven mainly by family operations in cryptocurrencies and brand licensing.
Part of this gain coincided with regulatory decisions by the government that benefited the digital assets sector, generating criticism over possible conflicts of interest.
Absence of Blind Trust and Reactions
Unlike his predecessors, Trump did not transfer his assets to a blind trust — a mechanism that hands management to independent third parties without the owner following the decisions. Organizations such as the Project on Government Oversight and Transparency International described the case as unprecedented.
The White House rebutted the accusations, stating that the policies adopted benefited all Americans and that the businesses are run by the president's sons.
What US Law Allows
In the US, the president and vice president are exempt from the main federal conflict-of-interest rule (18 U.S.C. § 208). This allows them to keep companies and investments during the term, provided they are disclosed annually in public reports.
The Constitution also prohibits receiving gifts or benefits from foreign governments without congressional authorization. The Office of Government Ethics (OGE) monitors the rules but cannot force the sale of assets.
Brazilian Prevention Rules
In Brazil, the Conflict of Interest Law (Law No. 12.813/2013) applies to the President of the Republic. The text prohibits the use of privileged information, participation in decisions that benefit one's own companies or those of relatives up to the third degree, and conducting business with parties interested in government acts.
Michel Sancovski, partner in the Anti-Corruption & Compliance area at Tauil & Chequer Advogados associated with Mayer Brown, notes that the Brazilian rule acts preventively: “it seeks to prevent private interests from interfering in the public agent's actions even before the demonstration of economic benefit.”
Oversight and Penalties
The Public Ethics Commission (CEP) is responsible for oversight in Brazil, requiring annual asset declarations and disclosure of the official agenda. Violations can result in loss of office, fines and a three-year ban on contracting with the State.
While the US Congress discusses an amendment to the Clarity Act to limit profits of lawmakers and family members in the crypto market, the debate on ethical limits for heads of state remains open in both countries.