Highly publicized cases
Traffic Sports v. Honduran Soccer Federation (Fenatuth)
Diaz Reus’ attorneys successfully defended the Honduran government’s Soccer Federation in a heavily contested international arbitration case in a classic David vs. Goliath commercial dispute over sports marketing and television rights.
Guevara v. Republic of Peru.
Comparing Peruvian President Fujimori’s spymaster and confidant Vladimiro Montesinos to “Rasputin, Darth Vader, Torquemada and Cardinal Richelieu”, the Federal Court of Appeals for the 11th Circuit overturned the dismissal of Diaz Reus’ lawsuit against the Republic of Peru, flatly rejecting Peru’s defense under the Foreign Sovereign Immunity Act (FSIA).
Diaz Reus’ client Jose Guevara sued the Republic of Peru for failing to pay a $5 million reward owed him for information he provided law enforcement authorities that led to the capture and arrest of the international fugitive Montesinos. The court concluded that the offer of an award was a “commercial exception” to the FSIA because the Republic of Peru was acting no differently than a private citizen and thus was not protected by immunity offered to foreign sovereigns under the FSIA.
This is a pivotal case in today’s post-9/11 environment, where rewards and bounties are routinely offered by governments for the capture of international fugitives and terrorists, such as Osama Bin Laden.
Judgment was entered in Mr. Guevara’s favor for $8.2 million excluding attorneys fees.
Significant Case Examples
Extortion: Represented a wealthy Bolivian executive who fled to the U.S. after being persecuted by the Bolivian government and was subsequently extorted on U.S. soil by the chief of the Bolivian anti-corruption force, who is now serving three years in a U.S. Federal prison.
Asset recovery: Represented a hold-out group of bondholders in a $700 million default by the Argentinian government.
Honduran government co-op arbitration/U.S. Petroleum Company: Representing Central America cooperative in international arbitration action against U.S. petroleum company for breaching government transportation contract.
Spain/Florida $60 million Rubens painting recovery: Representing a U.S. family attempting to recover a painting by renowned 17th century Flemish painter Peter Paul Rubens, allegedly valued at over $60 million, wrongfully converted by consignors and art appraisers hired to appraise it, and now located somewhere in Spain.
South-American/Florida $200 million divorce: Prosecuting a $200 million divorce case involving the freezing of assets, tracing funds off-shore and piercing off-shore trusts throughout the Caribbean, Europe and U.S.
Guatemalan/Dubai airplane purchase: Arbitrating a commercial dispute regarding the purchase-and-sale contract transferring various airplanes from Central American to South American airlines—planes ultimately sold to a third-party airline in Dubai.
Immigration: Approval for an EB-5 Regional Center in the U.S. Pacific Northwest based on two projects with combined capital stacks of over $500 million and a desired EB-5 capital raise of over $250 million.
Immigration: Approval for an EB-5 Regional Center in the U.S. Gulf State region that encompassed four states and five hotel projects with a combined capital stack of over $35 million.
Chinese/U.S. collection: Representing a Chinese manufacturer of construction materials in a Florida collection action.
Guatemala/Florida fraud suit: Representing a prominent Guatemalan businessman and one of his companies in a breach-of-contract and fraud lawsuit initiated by a Florida-based medical-supplies distributor.
Florida Supreme Court: Challenged in Florida Supreme Court scope of criminal statute making it a felony to resist a law enforcement officer with violence, even where no evidence existed that accused knew of officer’s official status.
Forum non conveniens doctrine: Argued on behalf of our client that an international sexual assault case should be tried in the United States, rather than Mexico, overturning a Third District Court of Appeal decision.
New York, obstruction of justice: Representing a high-profile New York financier and his representatives in a Florida Federal grand jury investigation for the destruction of evidence and obstruction of justice allegations.
U.S. Peruvian Government investigation: Representing U.S. multinational corporation victimized by fraudulent acts during government bid process in Peru.
Louisiana Bank OFAC/Middle Eastern terrorist money-laundering: Representing a Louisiana bank in a grand jury investigation of possible terrorist-financing and money-laundering charges against account holders of Middle Eastern descent who have been placed on OFAC’s no-fly list.
South-American/U.S.A. $300 million probate proceedings: Representing multiple heirs in a South American businessman’s estate in both primary and ancillary high net-worth probate proceedings in South America and the United States.
Venezuela/Kansas Money-laundering/aircraft purchase dispute: Representing a Florida company and aircraft purchaser against the Kansas-based manufacturer and the secured lender, for failing to remit net surplus proceeds after the aircraft had been improperly repossessed and sold—because it was allegedly purchased with tainted money from South American Ponzi scheme.
Argentina/Bermuda/BVI Ponzi-scheme accusations: Representing a South American businessman accused of running a multimillion-dollar Ponzi scheme through the sale of currency futures.
Dubai entertainment contract/singer: Representing singer and songwriter in contractual dispute with agent in Dubai-based arbitration.
Peruvian/Chicago telecom trade dispute: Representing a Peruvian telecom distributor against a Fortune 500 Chicago-based telecom supplier for the theft of trade secrets and commercial interference with distributor’s business operations.
Chicago Ex-wife accused in $13 million embezzlement: Representing the former wife of a Chicago bank employee who embezzled $13 million, in a lawsuit alleging she knew of and participated in her husband’s fraud.
Venezuela banking aid: Representing a Venezuelan government banking entity against a prominent South American family in connection with a multimillion-dollar loan guarantee.
Venezuelan government bond prosecution: Spearheading the investigation and civil prosecution of major U.S. bank for the verification, deposit and unauthorized withdrawal of Venezuelan government bonds.
Japan/Costa Rica/ Venezuela/ U.S. intellectual-property dispute: Investigating and prosecuting intellectual property rights and trademark violations in Costa Rica and Venezuela on behalf of a U.S. subsidiary of Japan-based manufacturer of high-end office equipment.
Venezuela/U.S.A. appeal: Representing a Venezuelan governmental financial institution in appeal challenging the trial court’s refusal to allow an additional time extension to serve the complaint and serve process on defendants in an outstanding government loan-collection action.
Colombian Euros seizures: Representing various Colombian casas de cambio/money transmitters whose funds have been frozen in the United States based on allegations of money laundering.
British Virgin Islands Trust dispute: Representing BVI Board of Directors majority against minority directors’ unauthorized and intransigent acts.
Ecuador human rights: Representing representative of U.S. corporation victimized by local police and judiciary for abuse of process.
Finnish/Chinese Telecommunications: Representing Finnish telecommunications company’s purchase of equipment from Chinese manufacturer for distribution in Latin America – contract and negotiations.
Guatemalan/Swiss commercial bribery and RICO investigation: Representing Guatemalan commercial industry leader victimized by Swiss-based international conglomerate’s kickback scheme to bribe Guatemalan employees in purchase orders.
Honduran Government entity arbitration: Representing government entity in contractual dispute and right to arbitrate case in proper forum.
North Carolina based U.S. national chain commercial dispute: Representing national retail chain against orchestrated nation and statewide attack by competing supermarket chain on restraint of trade and commercial lease dispute.
Guatemalan intellectual property theft: Representing victim of theft and conversion of intellectual-technology-based property rights by Florida-based corporation.