The main partners of the firm have a long history of representing institutions and individuals in complex white collar & transnational crime cases. Our business crimes & asset recovery practice boasts some of the most highly respected criminal defense lawyers in the country, many of whom have been prosecutors or enforcement officials.
We routinely advise and represent clients in internal corporate investigations, criminal liability of legal investigations and constitutional and economic crimes trials involving allegations of securities fraud, compliance, privacy violations, insider trading, environmental crime, money laundering, bribery, banking & exchange crimes, Crypto-offences, cyber-crimes, tax offences and extradition & mutual legal assistance cases.
Our experience in international cases, involving white collar crime, complex asset trading litigation and regulatory enforcement, makes us particularly suited to defending multifaceted cases involving simultaneous criminal, asset recovery and regulatory actions arising out of the same events. These parallel proceedings pose significant legal and strategic challenges to institutions, since decisions made and actions taken in any one forum can profoundly affect the ongoing litigation in all of the others. Also, the Anti-corruption and Enterprise Criminal Liability Law # 27,401 have greatly increased the risks of institutional wrongdoing, and legislatures and prosecutors are continuing to expand the law regarding corporate criminal liability.
We have been involved in some of the most complicated and seminal white collar cases of our time, representing, among others, the following:
- Estudio Durrieu SRL represented “Madalena Energy Argentina SRL” an oil and gas corporate client in the intelligence community being investigated for violations of the Cybercrime Act. This was a novel and complex case that present issues regarding whether technical data constituted a proprietary trade secret when developed under government contract. A carefully coordinated factual and legal investigation enabled to demonstrate that various prosecutorial theories were flawed.
- Dr. Roberto Durrieu and Tomas A. Guido, represents the legal foundation “Victims Advocate International” (VAI) at the jurisdiction of the International Criminal Court (ICC) in the alleged crimes of murder, rape and other human rights violations against the Rohingya people from Myanmar. The New York Times published about the case that “… Dr. Durrieu believe that only justice and accountability can ensure that the perceived circle of violence and abuse comes to an end” (14 November 2021, p. 22).
- We conduct the first internal investigation derived in the Corporate Criminal Liability Law # 27.401 for “TrueStar Argentina S.A.” -a publicly traded corporation- that discovered improper billings and briberies for a federal government program. The leading partner of the firm Dr. Roberto Durrieu, was able to determine that the company’s management had to knowledge of or involvement in the billing improprieties and arrange to repay the funds with no penalties and no criminal prosecution.
- Estudio Durrieu SRL conducted an internal investigation and criminal complaint against the legal representative of “Centaurus Energy Inc.” a corporation whose facilities had been visited by the Anti-Corruption and Financial Intelligence Unit agencies looking into possible violations of the Anti-Kickback Statue. The Senior partner of the firm Dr. Roberto Durrieu determined that certain employees had, in fact, paid kickbacks to certain potential sources of business. We then represented the client in negotiations with the other party to recover the assets derived from the crime and we also negotiated with the federal prosecutor a probation action to avoid also future criminal prosecution.
- Represented former CEO, COO and CFO’s of “Merrill Lynch” one of the most prominent banks in the world, who were investigated for conflict of interest charges related to contact whit the former government agency. By thoroughly investigating the governments “star” witness, the firm proved that the witness was being untruthful about the client’s actions. Consequently, the criminal charges were filed against the client.
- We represented the high level legal authorities and public servants of the sovereign country of the Republic of Perú, who have been accused in Argentine, in light of universal jurisdiction for committed trans-frontiers crimes. We persuaded the Federal local Courts that the client has substantially complied with economic regulations and compliance rules, reaching the dismissing of criminal charges.
- In a federal criminal trial before the Economic Crimes Second Instance Courts, our lawyers persuaded the court that their client “Petrobras” had substantially complied whit corporate governance and anti-money laundering regulations and that its license to handle controlled substances should not be revoked.
- Estudio Durrieu SRL successfully fought an adverse decision by a federal agency all the way to the Argentine Supreme Court, obtained a 4 to 0 decisions in favor of the client JP Morgan Chase, and reinstated the clients contracting privileges whit the agency.
- Proving that the government had improperly withheld exculpatory evidence, our lawyers successfully argued in the Federal Criminal Courts that a client’s false statement conviction should be reversed and a new trial awarded.
- In the context of a millionaire civil action involving the Department of the Army in Argentina, allegation were made that the client had violated the False Claims Act and had submitted false statement to the government. Our lawyers were able to convince the Prosecutor General Office against Financial Crimes and Money Laundering (Procelac) that the criminal allegations were without merit and the client was entitled to a multimillion dollar settlement on the civil matter.
- In the course of a parallel criminal fraud inspector general investigation involving “Mitsui & Co. Ltd.”, we persuaded the various government authorities that the corporation should not be prosecuted criminally or excluded from participation in the government program, based on the corporate client’s effective compliance program.
- In a high-profile case filed against the former owners of “Corporación IMPSA”, our lawyers conducted an internal investigation and persuaded the Federal Prosecutors that no wrongdoing was committed by current ownership or management.
- In a qui tam case filed by “Sinapsis Trading SL” a client’s subsidiary of “Tango Wrapping”, who lost a government contract to its client, our lawyers persuaded the federal criminal courts and also the Second Instance as well as National Cassation Courts that the competitor did not meet the requirements of the Anti-c corruption Act for filing the claim. The case was dismisses.
- Credit Suisse First Boston in the New York Attorney Generals investigation of alleged conflicts related to analyst research and relative investigation.
- A Worldcom senior executive in the ongoing federal grand jury investigation of alleged accounting fraud at the company and in the relative SEC investigation.
- Working together with lawyers in USA, France, UK and India, in a transnational crimes case related to asset recovery and anti-money laundering rules, together with tax fraud and ciber-crimes actions and liabilities in connection with shareholder litigation and investigation by the SEC and the Federal Criminal Courts of Argentina, arising out of the FDA`s December 2001 decisions refusing to file ImClone`s application for approval of Erbitux, ImClone`s highly anticipated cancer drug.
- “Arthur Anderson” in connection with the government`s investigation and the subsequent trial on charges of obstruction of justice in the Enron matter.
- The defense of a former chairman of “National Game” a multilateral international organization in a federal criminal investigation into alleged price-fixing with fraud and subsequent trial, and in parallel smuggling lawsuits.
- The defense of the CEO and CFO of the international board of directors of one of the most relevant banks in the world (Bank of America), in the government`s investigation of technology stock initial public offerings in the 2000s.
- The defense of the former chairman and CEO of one of the most relevant high-tech corporations, during his jury trial on insider trading & fraud charges.
- Philip Morris in the Department of Justice`s grand jury investigations of the tobacco industry.
- The defense of the former President of the Advisory Boards of the biggest industrial corporation in the field of automobile industry, in federal criminal charges relating to the alleged diversion of unclaimed customer funds.
- Con Edison in a federal investigation into alleged environmental criminal violations arising out of an oil spill, and in a separate state grand jury investigation into the cause of a gas explosion.
- Hoffmann-La Roche in criminal litigation arising out of alleged price-fixing conspiracies in the vitamin business.
- Burlington Resources in a federal grand jury investigation of oil and gas royalty payment practices.
- Representing a sovereign State in a federal grand jury investigation arising out of potential activities in the area of anti-corruption and money laundering rules.
- The defense of a public trade bank in a private banking scandal and multilateral investigation in Spain, UK, USA, Chile and Argentina.
- Reuters in a criminal inquiry relating to the alleged misappropriation of information from Bloomberg.
- Degussa Health & Nutrition S.A. in a multi-jurisdictional investigation of environmental crimes.
- Papelera del Plata in a grand jury investigation relating to the handling of dirty assets and economic and tax crimes.
- Bureau Veritas Argentina S.A. in a federal prosecution for violations of the federal Food, Drug and Cosmetics Act, and in a separate prosecution relating to violations of the ecologic act.
- The defense of former board of directors of a USA Securities & Insurance Company (QBE Insurance Corporation) in a federal grand jury investigation of the sale of $8 billion in limited partnership.
- The defense of a former chairman of AIG Corporation, during his 10-month jury trial on charges of criminal real estate fraud.
- An OIL USA Corporation in three simultaneous federal and state grand jury investigations of alleged environmental violations relating to a major oil spill.
- Asset recovery and money laundering actions on behalf of one of the biggest banks of the world, that was a victim of a transnational fraud and money laundering actions, in connection with a USD 200 million contract.