Latin America & Cross-Border

Argentina & Southern Cone Practice

Cross-border practice in Argentina, Chile, Uruguay, and Paraguay: asset recovery, § 1782, and criminal defense coordination.

Overview

Argentina presents a distinct combination of institutional complexity and opportunity for U.S.-side practitioners. Its judicial system is undergoing reform; its central bank and regulatory agencies have significant enforcement powers over foreign exchange transactions; and its history of financial crises and investor disputes makes it one of the most active jurisdictions for U.S.-side discovery and asset recovery proceedings on behalf of Argentine clients.

The firm's Argentina practice is grounded in § 1782 discovery from Wells Fargo and Citibank obtained on behalf of Argentine real estate investors defrauded in a scheme, in support of Argentine criminal proceedings. The firm worked with Buenos Aires co-counsel Tavarone, Rovelli, Salim & Miani, a leading Argentine white-collar firm. The matter reflects the typical structure of Argentine-rooted fraud cases: the perpetrators and assets had U.S. banking connections, and a U.S. court order was the fastest path to the evidence the Argentine proceeding needed.

Our Approach

Argentine fraud and criminal matters reaching U.S. courts typically arrive as § 1782 proceedings (obtaining discovery from U.S. banks or companies), civil RICO or fraud actions in U.S. federal court, or asset forfeiture proceedings where proceeds of Argentine fraud are traced to U.S. accounts. We handle all three, working with local Argentine co-counsel on the Buenos Aires side.

For Chilean and Uruguayan matters, similar structures apply, with variations in local substantive and procedural law that require country-specific analysis.

Representative Experience

Latin America & Cross-Border

  • Civil RICO recovery for Argentine real estate investors

    Recovered for Argentine real estate investors defrauded in a U.S. real-estate scheme in which the same property was sold to multiple buyers, bringing civil RICO claims and coordinating with Argentine co-counsel; the matter settled in 2023.

  • Argentine cuadernos bribery internal investigation

    Conducted an internal investigation of an Argentine energy company implicated in the Argentine cash-bribery (cuadernos, or notebooks) scandal, satisfying the company's auditors that company funds had not been used for bribes.

  • Section 1782 discovery for Argentine fraud victims

    Helped obtain federal court authorization for discovery from Wells Fargo and Citibank on behalf of Argentine real estate investors defrauded in a scheme in which the same property was sold to multiple buyers, opening access to U.S. bank account information requested by an Argentine judge through a Section 1782 petition.

  • Section 1782 discovery for Argentine fraud victims

    Obtained federal-court authorization, on behalf of Argentine real estate investors, for Section 1782 discovery of U.S. bank-account information (approximately $10 million) requested by an Argentine court to support criminal proceedings in Argentina.

Complex Commercial Litigation & Arbitration

  • Cross-border aircraft-sale fraud dispute

    Represented an Argentine company in a dispute alleging that a U.S. manufacturer fraudulently switched the model year of an aircraft it sold, valued at approximately $6 million. Related executives are under indictment.

Frequently Asked Questions

What makes Argentina a challenging jurisdiction for U.S. lawyers?

Argentina follows a civil law tradition with a distinct procedural framework, judicial structure, and legal culture. Its foreign exchange regulations and capital controls create complexity for transactions and asset movements. Its judicial system has experienced significant political and institutional turbulence, affecting the reliability and speed of proceedings. For U.S. lawyers, the practical answer is to work with excellent local Argentine counsel on the domestic side while bringing U.S. enforcement tools to bear on the cross-border dimensions.

How quickly can we obtain U.S. bank records in support of Argentine criminal proceedings?

With a § 1782 petition, faster than most clients expect, often within two to four weeks for the initial court order, with production following after the bank has an opportunity to challenge or comply. The procedural steps are: file the petition, serve the bank, allow the bank to file any motion to quash (typically within two to four weeks), argue before the district court, and obtain the order. For well-supported § 1782 petitions in the Southern District of Florida, which has an active § 1782 docket and judges experienced with these proceedings, the timeline from filing to initial order can be as short as two to three weeks when the bank does not mount a serious challenge. If the bank raises privilege claims or scope objections, the timeline extends. The firm has obtained § 1782 orders from Wells Fargo and Citibank on behalf of Argentine real estate investors in support of Argentine criminal proceedings, and can coordinate the U.S. proceeding with the Argentine co-counsel's investigation timeline to ensure records are available when needed.

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