HIGHLY PUBLICIZED CASES
Seijas, et al. v. The Republic of Argentina:
Diaz Reus represents bondholders against the Republic of Argentina, which defaulted on its sovereign debt in 2001. Plaintiffs settled their class action lawsuits against Argentina. The class actions involved holders of approximately US $700 million of defaulted Argentine bonds. The case has been ongoing for 14 years.
Diaz Reus represents a media rights company executive in a criminal indictment in connection with the ongoing FIFA soccer corruption scandal. Through its efforts, Diaz Reus negotiated a resolution of the criminal case whereby the Government did not charge the client with corruption and money laundering charges.
Diaz Reus successfully represented Mexican citizen and businessman John Freddy Cuellar Silva, who was listed by the US Office of Foreign Assets Control (OFAC) on its SDN list for links to Joaquin “El Chapo” Guzman as a partner and financial front-man. Diaz Reus successfully de-listed and removed Cuellar Silva from the OFAC list.
Diaz Reus represents former Honduran Presidential candidate, lawyer, banker and high-powered businessman Yani Rosenthal in federal court in the Southern District of New York, where he was charged with various counts of money laundering. Diaz Reus successfully negotiated a resolution of Mr. Rosenthal’s case, including a dismissal of the more serious money laundering charges in exchange for a plea of guilty to reduced charges. Diaz Reus is in the process of securing Mr. Rosenthal’s removal from the US Treasury’s OFAC list.
Diaz Reus successfully represented 30 American automobile dealerships in two parallel actions filed in the United States District Court for Northern District of Georgia and in Georgia State Court in Fulton County, Georgia, seeking damages resulting from Mahindra and Mahindra USA’s failure to certify and import its light trucks and SUVs from India into the United States, which caused Plaintiffs to suffer substantial damages. Claims included fraud, negligent misrepresentation, fraudulent inducement, tortious interference, unjust enrichment, civil conspiracy, negligence, violation of the federal automobile dealers act, and violations of 17 state “dealer day in court” laws.
Diaz Reus represented CVG Ferrominera Orinoco C.A. (FMO), an organ of the Bolivarian Republic of Venezuela, in a Rule B maritime attachment action before the United States District Court for the Southern District of New York and in six arbitration forums in the US and Europe. The case involved complex issues of sovereign immunity and maritime jurisdiction.
Significant Case Examples
White Collar Crime, Government Sanctions (OFAC, Magnitsky, CAATSA, GLOMAG, etc.), investigations and defense
– Successful pre-indictment representation of banker charged with drug trafficking. Criminal charges dismissed.
– Successful representation of Mortgage Broker accused of participating in conspiracy to commit mortgage fraud. Declination of criminal prosecution.
– Represent the CEO and the CIO of a software and technology company, as defense attorneys, in a criminal copyright infringement and fraud investigation in Colombia.
– Represent U.S. citizen in proceedings in Colombia for alleged unlawful possession of weapon.
– Represent the CEO of an international green technology company, as victim advocates, in a criminal fraud case against the CEO of local green technology company in Colombia.
– Represent a major pharmaceutical company, as victim advocates, in a criminal fraud case against its business partners in Colombia.
– Represent a major hotel chain, as victim advocates, in a criminal fraud case against its former accountant in Colombia.
– Represent an executive of a U.S. nuclear energy company, as victim advocates, in an extortion case against a criminal organization in Colombia.
– Represent one of the regional directors of a major global insurance company, as defense attorneys, in a criminal defamation case in Colombia.
– Represent a major global insurance company, as victim advocates, in a criminal fraud case against one of its agents in Colombia.
– 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.
– Successful representation of a Florida businessman accused of having more than 30 social security numbers, and of evading the payment of millions of dollars in taxes in the USA for more than 10 years. Declination of criminal prosecution.
– Coordinated defense of multiagency investigation of various U.S. Homeland Security Agents and the successful defense of private attorney for alleged acts of espionage, violations of trading with the enemy, corruption, kickbacks and money laundering.
FCPA / Corruption / Money Laundering:
– Represent Turks and Caicos Islands and Canadian attorney for his role in the famous “Caso Cuadernos” wherein he is alleged to have helped and assisted in the laundering of corruption proceeds of more than US$30 million tied to former Argentine President, Nestor Kirchner by purchasing and developing luxury real estate in the Turks and Caicos Islands.
– Declination of prosecution on behalf of U.S. businessman whose bank accounts were seized for his alleged laundering of over $150 million related to a waste processing plant project in Venezuela.
– Successful pre-indictment representation of family member of PDVSA official for FCPA conspiracy and money laundering charges. Declination of prosecution.
– Represent former PDVSA (Venezuelan state owned oil & petroleum company) and Citgo official in pre-indictment FCPA corruption and money laundering investigation tied to government officials in Venezuela.
– Represent former PDVSA manager in post-indictment FCPA corruption and money laundering investigation involving U.S. and multinational corporations.
– Represent former official at CORPOLEC (Venezuelan state owned electric & power company) in defense of criminal complaint for FCPA corruption and money laundering allegations.
– Represented former assistant to Minister of Energy and Power (Electricity) for alleged kickback, bribery, corruption and money laundering scheme in South America.
– Represent individuals alleged to have conspired with former Treasurer of foreign government in money laundering, corruption, bribery / kickback schemes and various criminal law violations.
–Successful representation of businessman accused of assisting former Peruvian Spy Chief, Vladimiro Montesinos, in laundering funds from illegal arms trafficking and corruption activities through the U.S. financial system.
– Represent attorney in defense of money laundering investigation who is alleged to have been complicit in the laundering of illicit funds tied to the former President of Argentina.
– Represented sports marketing officials in FIFA corruption scandal, pre- and post-indictment and sentencing.
– Successfully represent and avoid criminal charges for attorney and agricultural pesticides importers alleged to have conspired in a foreign exchange money laundering scheme.
– 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.
– Representing a South American businessman accused of running a multimillion-dollar Ponzi scheme through the sale of currency futures.
– Representing various Colombian casas de cambio / money transmitters whose funds have been frozen in the United States based on allegations of money laundering.
OFAC / Money Laundering:
– Successful representation of two Colombian businessmen sanctioned by OFAC for allegations of drug trafficking and their removal from the SDNT List.
– Successful representation of a Colombian money exchange business sanctioned by OFAC for allegations of money laundering and its removal from the SDNT List.
– Successful representation of Honduran politician and businessman sanctioned by OFAC for allegations of corruption and money laundering, and his removal and the removal of his companies from the SDNT List.
– OFAC/Venezuela Sanctions Program: successful representation of a Venezuelan company that provides engineering and maintenance services to Petroleos de Venezuela S.A. (“PDVSA”), by obtaining written guidance from OFAC confirming PDVSA’s authority to pay over one million dollars to DRT’s client.
– Successful representation of a major Chinese import-export enterprise by obtaining written clarification from OFAC, with a commitment that OFAC will work with banks to ensure that future transactions by the client will be processed through the U.S. banking system without blocking.
– OFAC – Iran Sanctions Program: Successful representation of an aviation company accused of violating Iran sanctions through the leasing of aircraft and aircraft engines to end users in Iran. Seized property was returned to aviation client and there was a declination of criminal prosecution and, the imposition of civil /administrative fines.
– OFAC – Ukraine/Russia and Venezuela Sanctions Programs: Successfully represented a company that provides logistics services to international clients in the oil industry, obtaining OFAC’s authorization to release certain funds held by a major U.S. bank.
– OFAC – Ukraine/Russia and Venezuela Sanctions Programs: successfully represented a company that provides logistics services to international clients in the oil industry, in obtaining OFAC’s authorization for Wells Fargo to release certain funds that Wells Fargo had blocked allegedly under OFAC’s Ukraine/Russia and Venezuela Sanctions Programs.
– Successfully represent and avoid criminal charges for bankers and financial institutions for alleged role in laundering funds from a PDVSA kickback, bribery and corruption (FCPA) scheme, terrorist financing and OFAC violations.
– Successfully unblocked frozen funds on behalf of El Salvadoran paper products company for alleged violations of Cuba sanctions program.
– Represent various contractors of PDVSA and its subsidiaries in seeking OFAC license to receive payment for the services rendered by them.
– Represent former military intelligence chief in Latin America sanctioned by OFAC and criminally charged with U.S. money laundering violations.
– Represent various contractors of PDVSA in securing their compliance with Venezuela-related OFAC Sanctions.
– Successfully represent and avoid criminal charges for in-house oil company counsel alleged to have conspired in FCPA, corruption, bribery, OFAC and money laundering violations.
– Represent cruise line and hotel start-up in Cuba.
– 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.
– Successfully represent Mexican national in removal from OFAC list as Specially Designated National (SDN / SDNT) for his alleged ties to “El Chapo” Guzman.
– Represent Middle Eastern liquid natural gas (LNG) producers and investors in projects in Latin America, The Caribbean, and Cuba.
– Advises and counsel Russian financial institution on prohibited activities and permissible transactions under sanctions regime.
– Representing Guatemalan commercial industry leader victimized by Swiss-based international conglomerate’s kickback scheme to bribe Guatemalan employees in purchase orders.
Fraud, Cybersecurity & Asset recovery
– Represent international trading company victim of multi-jurisdictional cyber hacking attack (Caribbean, USA, Dubai & Hong Kong) in joint collaboration with US and foreign law enforcement agencies to freeze assets and recovery of stolen funds.
– Represent bank supervising government authority in asset recovery matters.
– Represent commercial bank in collection of credit facilities extended in U.S., Europe, and Latin America.
– 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.
– Represent class action bondholders against the Republic of Argentina for defaulting $700 million in bonds.
Regulatory and Corporate Investigations, Governance and Compliance
– Represented an international payroll services company in (i) identifying money laundering and tax fraud-related risks stemming from the company’s businesses transactions in Colombia; and (ii) designing and implementing the pertinent compliance measures to the client.
– Represented a Canada-based company that produces, exports and imports cannabis in securing its compliance with Colombian laws and regulations pertaining to the production and exportation of cannabis.
– Represented high net worth Colombian individual in identifying (i) the risks of facing criminal and / or asset forfeiture actions in Colombia based on the purchase of certain properties; (ii) recommending the pertinent compliance measures to the client.
– Represent a major food and good producer and supplier, as victim advocates, in providing general counsel to them in all their criminal law-related affairs in Colombia.
–Represent Central Bank on FINCEN, Sanctions Programs, OFAC and anti-money laundering compliance and regulatory issues.
– Represented an international private intelligence agency based in the UK in identifying (i) the risks of facing criminal and / or asset forfeiture actions in Colombia derived from certain intelligence activities; (ii) recommending the pertinent compliance measures to the client.
–Successful representation of the former Compliance Officer of a large global bank in connection with a Department of Justice investigation resulting in a significant fine being imposed on bank ( $1.2 billion), and declination of prosecution against the former Compliance Officer.
– Represented foreign sovereign entity in multiple arbitrations across multiple countries as well a maritime attachment proceeding in the Southern District of New York against joint venture partner concerning the alleged breach of multiple contracts, successfully arguing the entity was entitled to immunity under Foreign Sovereign Immunities Act.
– Represented international roofing corporation in Spanish language Panamanian arbitration against developer and general contractor of airport expansion project in a multi-million-dollar breach of contract claim.
– Represented agricultural manufacturer against former global distributor in multimillion dollar arbitration involving breach of contract and anti-competitive claims that went to final hearing.
– Represent U.S. / Qatar based engineering company in arbitration proceedings against Brazilian construction company Oderbrecht.
– Representation of government owned mining and minerals company in parallel U.S. and European based arbitrations.
– Represented global communications company against national telecommunications company in a multibillion dollar litigation concerning a breach of a telecommunication services contract.
– Represented hydroelectric power plant owner in matter against developer and contractor of the power plant for breach of procurement engineering and construction.
– Favorably resolved an international distributorship dispute before the Hong Kong International Arbitration Centre (HKIAC) for the Chinese subsidiary of a major Paris-based multinational company.
– Representing Central America cooperative in international arbitration action against U.S. petroleum company for breaching government transportation contract.
– 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.
– Represented Honduran government entity in contractual dispute and right to arbitrate case in proper forum.
– Representing singer and songwriter in contractual dispute with agent in Dubai-based arbitration.
– Represented Houston, Texas corporation in successfully obtaining settlement in federal litigation against NYSE-listed oil company, litigated in the U.S. District Court for the Western District of Texas.
– We successfully represented a large foreign airline company that was fined $75,000 by Customs and Border Protection. We were able to significantly reduce the fine to $500.
– Represent real estate developers in general corporate, transactional, and litigation matters involving multiple commercial and residential projects approaching $1B in gross sales.
– Represented former partners in offshore investment bank group against remaining partners in a multi-million-dollar state complex commercial court action with claims of breach of contract, fraud, negligence, and unjust enrichment.
– Represent joint venture partners in multimillion dollar commercial litigation dispute against founding partners of Miami-based Law Firm.
– Won full and complete dismissal of multimillion-dollar claims asserted by a group of Florida companies against a major Chinese garment manufacturer in a federal court action under the U.N. Convention on Contracts for the International Sale of Goods.
– Florida Supreme Court Precedent: 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.
– Representing a Chinese manufacturer of construction materials in a Florida collection action.
– 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.
– 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.
– Representing US national retail chain against orchestrated nation and statewide attack by competing supermarket chain on restraint of trade and commercial lease 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.
– 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.
– Representing a Venezuelan government banking entity against a prominent South American family in connection with a multimillion-dollar loan guarantee.
– Spearheading the investigation and civil prosecution of major U.S. bank for the verification, deposit and unauthorized withdrawal of Venezuelan government bonds.
– Representing a Venezuelan governmental financial institution in U.S. 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.
– Representing British Virgin Island Board of Directors majority against minority directors’ unauthorized and intransigent acts.
– Representing U.S. multinational corporation victimized by fraudulent acts during government bid process in Peru.
Corporate / commercial
– Represent South American airline in general corporate, regulatory compliance (FAA, US CBP), immigration, and transactional matters.
– Represent Small Businesses in obtaining Paycheck Protection Program loans under the CARES Act.
– Provide ongoing legal advice to a major hotel chain company based in Mexico in corporate, contractual, labor and foreign investment matters in Colombia.
– Represent a leading global air cargo company in compliance matters in Colombia.
– Represent a high net worth U.S. individual in an important real estate transaction in Colombia ensuring that transfer is legal, binding and in his best interest.
– Represent a world-renowned company in the distribution of chemical products based in Spain, as plaintiff, in a contractual business dispute in Colombia.
– Assisted a major hotel chain company based in Mexico and Dominican Republic in buying and selling business, drafting buy-sell agreements, operating agreements, bylaws, partnership agreements, and the like.
– Represented a gaming company based in Canada in a distribution business dispute with a Colombian company.
– Represented Venezuelan government entity, defending against claims brought by a multinational company in a multi-million dollar arbitration concerning the alleged breach of a share purchase agreement.
– Representing Finnish telecommunications company’s purchase of equipment from Chinese manufacturer for distribution in Latin America -contract and negotiations-.
– Representing major Chinese multinational enterprise in establishing and maintaining local joint ventures and distribution networks, and on issues relating to tax compliance, corporate restructuring, employment, and others in the United States, Latin America, and the MENA region.
Immigration / Visa Revocation & Recovery
– 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.
– 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.
–Successfully represent banker in the recovery of U.S. visa for allegedly committing significant acts of corruption.
– Represent former Minister of Energy in Central America to avoid revocation of US Visa.
– Represent family members in successful agricultural conglomerate in Central America in recovery of their visas which were revoked for alleged acts of corruption.
– Successful pre-indictment representation of former tax director in Central America in avoiding criminal charges for money laundering/corruption and securing his previously revoked U.S. visa and immigration status.
Trademark / Intellectual Property
– Successfully protecting the international design patent and trademark rights of multiple U.S. and other foreign companies in China from multiple infringers through legal action and coordinated anti-counterfeiting measures with pertinent private and public authorities (including Alibaba).
– Representing multiple U.S. and other foreign companies in successfully combating pervasive “trademark squatters” who seek to preempt the registration of certain globally-renowned trademarks in China before the Trademark Office of China’s State Administration for Industry and Commerce.
– Represent Chinese goods manufacturers for alleged trademark violations.
– 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.
– Representing victim of theft and conversion of intellectual-technology-based property rights by Florida-based corporation.
– 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.
– Representing multiple heirs in a South American businessman’s estate in both primary and ancillary $300 million probate proceedings in South America and the United States.
– Representing representative of U.S. corporation victimized by Ecuadorean local police and judiciary for abuse of process.
– Represented national university and hospital against several hundred foreign plaintiffs alleging various human rights violations under state and federal laws.
– Represented Developer in the purchase of 181+ acres of golf course land rezoned for 702 residential units, equestrian center, parks and community center.
– Represent real estate developers in general corporate, transactional, and litigation matters involving multiple commercial and residential projects approaching $1B in gross sales.
Sports & Entertainment
– Successfully defended Pro-Bowl NFL client against NFL team in $3.5 million dollar reimbursable breach claim.
– Represented All-Conference NCAA Division I football player in criminal proceedings.
– Represented NCAA Division I basketball player in criminal and Title IX investigation, resulting in local law enforcement declining to file charges and dismissal of Title IX probe.
– Represented NCAA Division I basketball player in appeal of NCAA suspension, resulting in reduction of suspension from full season, to 10 games.
– Successfully defended blogger against DMCA (Digital Millennium Copyright Act) demand from digital on-demand company