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WHITE-COLLAR CRIME

Our white-collar crime practice focuses on economic and business criminal law. We specialize in providing preventive advice and representing companies and their executives in criminal investigations and proceedings related to business activity.

We defend cases within the spectrum of property, public trust, tax and customs crimes, labor-related offenses, environmental crimes, crimes against industrial property, crimes against honor, and cybercrimes, among others.

Moreover, our compliance practice assists clients with the design, evaluation and implementation of regulatory compliance programs aimed at preventing criminal contingencies based on the correct identification and evaluation of the criminal risks posed to a company as a result of its business activity.

We have launched a capacity-building program based on in-house training intended for both company staff and management concerning Law No. 30424 (as amended by Legislative Decree No. 1352) - Law regulating the Autonomous Responsibility of Legal Entities, and the System for the Prevention of Money Laundering and the Financing of Terrorism (“SPLAFT” for its acronym in Spanish).

A SAMPLE OF OUR EXPERIENCE

  • We advised a mining company for which we conducted a legal analysis on the potential criminal contingencies of several projects and actions that the mining operation planned to implement and develop as part of its operations expansion plan. The analysis included potential criminal liabilities related to the possible attachment of third-party assets.
  • We represented several current and former high-level officials of an infrastructure company in a criminal action (for alleged misappropriation, fraud, extortion and generic misrepresentation) brought by a former legal services provider. The defendants included a former chairman of the board of directors, as well as representatives of related companies. The involvement of high-level representatives, as well as the potential impact of the case in the media, posed sensitive issues for our client.
  • We represent a bank in several high-profile fraud cases where it has been the target of customer fraud attempts. We also defended the bank against criminal complaints for alleged fraud or misappropriation brought by debtors against the bank and its representatives. In this scenario, we focused our first efforts on preventing cases from escalating and the ensuing incorporation of the bank’s senior executives, which represented an extremely sensitive issue for our client.
  • We represent a real estate company in a criminal investigation initiated by the specialized environmental prosecutor's office for alleged environmental offenses that, according to the prosecution, were committed by our client during an on-going multimillion warehouse mega-operation.
  • We represent a multinational explosive trading company and its representative in a criminal investigation for the alleged illegal trading of explosives that started when the Prosecutor’s Office ordered the seizure of more than two tons of ammonium nitrate. We were able to release the seized goods by arguing that the illegal nature of this measure was seriously affecting our client's business. This is a relevant case for our client, not only because of the amount of goods initially seized (and their significant value), but also because of the criminal and administrative legal consequences that could affect the company if the case concludes with a conviction.
  • We advised a transnational technology company in an internal compliance investigation aimed at analyzing the behavior of the company's current and former employees, as a result of an anti-corruption investigation brought against one of the company’s partners and public officials of a ministry for allegedly colluding in a public bidding process. This being a corruption case, our client could have faced very serious reputational and legal consequences.

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