
São Paulo
São Paulo-SP, 04543-000
Brazil
São Paulo
São Paulo-SP, 04543-000
Brazil
Martin De Luca advises high-net-worth individuals and corporations in complex multi-jurisdictional disputes and investigations, including government enforcement actions and related cross-border litigation. Mr. De Luca works closely with clients to develop offensive and defensive strategies to manage the criminal and civil litigation often associated with high profile government investigations, such as fraud, asset forfeiture, sanctions and insolvency litigation. Mr. De Luca’s work for clients has spanned the globe and various offshore jurisdictions, including BVI, the Cayman Islands, Bahamas, the Marshall Islands, the Cook Islands, and Cyprus.
Described in Chambers & Partners as an “excellent and extremely sophisticated lawyer” and “particularly well regarded for his experience representing individuals in high-profile cross-border disputes and investigations,” Mr. De Luca helps clients navigate the challenges posed by simultaneous legal proceedings in multiple countries. Clients quoted in Chambers noted that "Martin possesses the experience for a complete overview plan of actions" and that "[he] is a very qualified and experienced lawyer that has excellent commercial awareness."
A former U.S. Department of Justice (DOJ) prosecutor, Mr. De Luca advises clients on enforcement actions brought by U.S. and international authorities including, but not limited to, the International Emergency Economic Powers Act (IEEPA), the Foreign Corrupt Practices Act (FCPA), the Racketeer Influenced and Corrupt Organizations (RICO) Act as well as money laundering and fraud violations. Mr. De Luca also counsels clients on navigating international sanctions regimes, often advocating for clients affected by sanctions issued by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the U.S. Department of State, the U.S. Department of Commerce, the UK Office of Financial Sanctions Implementation (OFSI) and the European Union.
During his tenure with the U.S. government, he prosecuted cases involving public corruption, complex fraud, money laundering, tax evasion, organized crime and international narcotics, often in partnership with the U.S. Federal Bureau of Investigation (FBI), the U.S. Securities and Exchange Commission (SEC), the U.S. Department of Homeland Security, U.S. intelligence agencies and foreign law enforcement partners.
Before joining Kobre & Kim, Mr. De Luca practiced at a major international law firm where he handled Latin America-focused litigation and government enforcement. Prior to that he was a prosecutor at the DOJ (as a Special Assistant U.S. Attorney in the U.S. Attorney's Office for the Southern District of New York). He was a New York County prosecutor (as an Assistant District Attorney) earlier in his career.
Admissions
- Foreign Legal Consultant, Brazil
- New York
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the District of Colorado
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
Education
- Fordham University School of Law, JD
(Fordham Moot Court Board, Associate Editor) - Rutgers University, BA, high honors
Languages
- Portuguese
- Spanish
Accolades
- Chambers & Partners Latin America - Corporate Crime & Investigations in International Counsel
- Chambers & Partners Brazil - Corporate Crime & Investigation (International Firms)
- Legal 500 Latin America - International Firms for Compliance and Investigation
Select Engagements
Claim Monetization & Dilution
International Private Client
Investigations, Examinations & Monitorships
Government Enforcement Defense
- Non-U.S. Companies Beware: U.S. Corporate Leniency Programs May Not Achieve Best Outcome
- Politically Exposed Persons Should Preemptively Manage Risks from A Regime Change
- Chambers Global 2023 Recognizes Kobre & Kim and Multiple Global Lawyers
- Leveraging the U.S. Legal System in Brazil to Increase the Chances of Recovery from Fraud
- Kobre & Kim, Martin De Luca and Gabriela Ruiz Recognized for International Corporate Crime & Investigations in Chambers and Partners Brazil Guide
- Non-U.S. Companies Beware: New U.S. DOJ Guidelines May Apply
- The Upcoming Brazil Election and Risks for Politically Exposed Persons
- Kobre & Kim, Carolina Leung Recognized by The Legal 500 For Latin America Compliance and Investigations
- Martin De Luca Explores How Companies Can Deploy Offensive Tools to Monetize Claims Following Internal Investigations
- Kobre & Kim’s Latin America Practice Earns Chambers Recognition
- Martin De Luca on Corporate Plea Bargains
- Martin De Luca and Scott Nielson Discuss U.S. Anticorruption Laws & Internal Investigations
- Martin De Luca on Market Integrity and Investor Protection in Islamic Finance
- Kobre & Kim Discusses 1782 discovery in Brazilian Proceedings: Consultor Juridico
- Gabriela Ruiz, Martin De Luca and Scott Nielson on Deploying U.S. Discovery in Brazil
- Martin De Luca Explores Sports Disputes in Exclusive Cambridge Forums Event
- Martin De Luca Interviewed on U.S. Criminal Justice Process by Brazilian TV Show Domingo Espetacular
- Martin De Luca, Wade Weems and Scott Nielson on Growing U.S. Enforcement Against Central America
- Evelyn Sheehan and Martin De Luca Unpack Transnational Crime Issues at IBA Conference
- Kobre & Kim’s Latin American Presence Earns Key Recognitions from Legal 500
- Kobre & Kim Lawyers Part of Inaugural Class of Brazil-U.S. 40 and Under White-Collar Lawyers Initiative
- Carolina Leung and Martin De Luca to join Webinar Series on Brazil-U.S. Anti-Corruption
- Martin De Luca to Discuss Handling Investigations with AmCham Brazil
- Martin De Luca Joins Panel Discussing DOJ Investigations into Brazilian Entities
- Kobre & Kim Hosts Webinar on Working With Law Enforcement in Asset Recovery Disputes
- Martin De Luca Talks Force Majeure and New York Law with Law360
- Martin De Luca Joins Webinar on Pandemic Business Strategies
- Coronavirus: Buying Time in Uncertainty
- Martin De Luca to Join Panel on Anti-Corruption Policy, Ethics and Integrity in Rio de Janeiro, Brazil
- Martin De Luca Leads Discussion on Conducting Investigations in Latin America at IV International Compliance Congress
- China’s Belt and Road Initiative Could Lead to a Trail of Global Corruption Investigations
- Martin De Luca Leads Discussion on Embezzled Asset Tracing and Retrieval at ACI’s Ninth Anti-Corruption Summit, Brazil
- Martin De Luca Discusses the FCPA and Internal Investigations in Sao Paulo
- Martin De Luca Explores Government Monitorships at Fenalaw 2018
- Kobre & Kim Analyzes the Business Impact of “Policing Speech Monopolies” in Law360
- Martin De Luca Reviews Global Corporate Criminal Liability in Buenos Aires
- Corruption Probes in LatAm Aren’t Just Local Issues
- Beware the Reach of U.S. Sanctions
Professional & Community Involvement
- Hispanic National Bar Association, Member
Publications & Presentations
- Panelist, "Corporate Investigations in LatAm" (5th Marval Summit on Compliance, Anti-Corruption and Investigations, Buenos Aires, September 2022)
- Guest lecturer, “Best Practices for Cross-Border Investigations and Asset Recovery” (IBCCRIM Brazilian Institute for Criminal Sciences, September 2022)
- Lecturer, “Corporate Plea Bargaining” (Ibmec, São Paulo, September 2022)
- Speaker, "Islamic Finance – stewardship, integrity and accountability: Investor protection and market integrity" (The 39th Cambridge International Symposium on Economic Crime, Cambridge, UK, September 2022)
- Co-author, “Enforcement of Foreign Judgments in Brazil” (Lexology, 2022)
- Co-author, "Suprema Corte dos EUA altera produção de provas internacionais, inclusive no Brasil" [U.S. Supreme Court alters international discovery, including in Brazil] (Consultor Juridico, August 2022)
- Co-author, “Deploying U.S. Discovery In Brazil Following High Court Ruling” (Law360, June 2022)
- Co-author, "The Engel List Foreshadows U.S. Enforcement in Central America" (The Anti-Corruption Report, December 2021)
- Panelist, "Ill-Gotten Gains and Asset Recovery" (International Bar Association 23rd Annual Transnational Crime Conference, Madrid, November 2021)
- Panelist, ““Brazil-U.S. Dialogues and Debates: Advances and Anti-Corruption Challenges” (Barbosa, Müssnich & Aragão Advogados, February 2021)
- Panelist, “Key Considerations in Government and Internal Investigations” (AmCham Brasil Corporate Governance Committee, August 2020)
- Panelist, “Fundamental Rights in Internal Investigations” (Associação dos Advogados de São Paulo, July 2020)
- Moderator, “Getting Law Enforcement on Your Side in Asset Recovery Disputes” (Kobre & Kim, June 2020)
- Panelist, “Estratégias processuais e negociais em tempos de crise” (Casccione, March 2020)
- Panelist, “The Challenges for Private Integrity in Relations with the State” (1st International Forum on Anticorruption Policy, Ethics and Integrity in the State of Rio de Janeiro, Rio de Janeiro, December 2019)
- Speaker, “Conducting Investigations in Latin America” (International Compliance Congress, Buenos Aires, October 2019)
- Panelist, “Asset Recovery: Tracing and Recouping Embezzled Assets Following an Internal Investigation and Proposed Changes to Brazil’s Civil Code” (ACI Anti-Corruption Brazil, São Paulo, May 2019)
- Panelist, "FCPA and Internal Investigations” (WFaria Third Compliance and Internal Investigations Conference, São Paulo, December 2018)
- Panelist, “Government Monitorships” (Fenalaw, São Paulo, October 2018)
- Co-author, “The Side Effects Of Policing ‘Speech Monopolies’” (Law360, October 2018)
- Panelist, “Corporate Criminal Liability” (International Compliance Congress, Buenos Aires, October 2018)
- Speaker, “Plea bargain and cooperation: challenges in importing the system to Brazil,” (OAB/SP Subseção Pinheiros, São Paulo, Brazil, June 2017)
- Co-author, “Argentine Corporate Criminal Liability Law Opens the Door to New Enforcement Risks” (Securities Regulation Daily, November 2017)
- Co-author, “U.S. expands efforts to target corrupt foreign officials” (Westlaw Journal White-Collar Crime, August 2017)
- Presenter, “FCPA Trends in Latin America for Pharmaceutical Companies” (Cámara Argentina de Especialidades Medicinales, Buenos Aires, Argentina, May 2016)
- Presenter, “Designing an Effective and Efficient Anti-Corruption Compliance Program” (Brazilian Institute of Petroleum, Rio de Janeiro, Brazil, May 2016)
- Presenter, “Cooperation Agreements in the United States and Brazil” (KLA Roundtable, São Paulo, Brazil, May 2016)
- Co-author, “DOJ Puts Companies With Venezuelan Ties In Its Crosshairs” (Law360, March 2016)
Credentials
Admissions
- Foreign Legal Consultant, Brazil
- New York
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the District of Colorado
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
Education
- Fordham University School of Law, JD
(Fordham Moot Court Board, Associate Editor) - Rutgers University, BA, high honors
Languages
- Portuguese
- Spanish
Accolades
- Chambers & Partners Latin America - Corporate Crime & Investigations in International Counsel
- Chambers & Partners Brazil - Corporate Crime & Investigation (International Firms)
- Legal 500 Latin America - International Firms for Compliance and Investigation
Engagements
Claim Monetization & Dilution
International Private Client
Investigations, Examinations & Monitorships
Government Enforcement Defense
News
- Non-U.S. Companies Beware: U.S. Corporate Leniency Programs May Not Achieve Best Outcome
- Politically Exposed Persons Should Preemptively Manage Risks from A Regime Change
- Chambers Global 2023 Recognizes Kobre & Kim and Multiple Global Lawyers
- Leveraging the U.S. Legal System in Brazil to Increase the Chances of Recovery from Fraud
- Kobre & Kim, Martin De Luca and Gabriela Ruiz Recognized for International Corporate Crime & Investigations in Chambers and Partners Brazil Guide
- Non-U.S. Companies Beware: New U.S. DOJ Guidelines May Apply
- The Upcoming Brazil Election and Risks for Politically Exposed Persons
- Kobre & Kim, Carolina Leung Recognized by The Legal 500 For Latin America Compliance and Investigations
- Martin De Luca Explores How Companies Can Deploy Offensive Tools to Monetize Claims Following Internal Investigations
- Kobre & Kim’s Latin America Practice Earns Chambers Recognition
- Martin De Luca on Corporate Plea Bargains
- Martin De Luca and Scott Nielson Discuss U.S. Anticorruption Laws & Internal Investigations
- Martin De Luca on Market Integrity and Investor Protection in Islamic Finance
- Kobre & Kim Discusses 1782 discovery in Brazilian Proceedings: Consultor Juridico
- Gabriela Ruiz, Martin De Luca and Scott Nielson on Deploying U.S. Discovery in Brazil
- Martin De Luca Explores Sports Disputes in Exclusive Cambridge Forums Event
- Martin De Luca Interviewed on U.S. Criminal Justice Process by Brazilian TV Show Domingo Espetacular
- Martin De Luca, Wade Weems and Scott Nielson on Growing U.S. Enforcement Against Central America
- Evelyn Sheehan and Martin De Luca Unpack Transnational Crime Issues at IBA Conference
- Kobre & Kim’s Latin American Presence Earns Key Recognitions from Legal 500
- Kobre & Kim Lawyers Part of Inaugural Class of Brazil-U.S. 40 and Under White-Collar Lawyers Initiative
- Carolina Leung and Martin De Luca to join Webinar Series on Brazil-U.S. Anti-Corruption
- Martin De Luca to Discuss Handling Investigations with AmCham Brazil
- Martin De Luca Joins Panel Discussing DOJ Investigations into Brazilian Entities
- Kobre & Kim Hosts Webinar on Working With Law Enforcement in Asset Recovery Disputes
- Martin De Luca Talks Force Majeure and New York Law with Law360
- Martin De Luca Joins Webinar on Pandemic Business Strategies
- Coronavirus: Buying Time in Uncertainty
- Martin De Luca to Join Panel on Anti-Corruption Policy, Ethics and Integrity in Rio de Janeiro, Brazil
- Martin De Luca Leads Discussion on Conducting Investigations in Latin America at IV International Compliance Congress
- China’s Belt and Road Initiative Could Lead to a Trail of Global Corruption Investigations
- Martin De Luca Leads Discussion on Embezzled Asset Tracing and Retrieval at ACI’s Ninth Anti-Corruption Summit, Brazil
- Martin De Luca Discusses the FCPA and Internal Investigations in Sao Paulo
- Martin De Luca Explores Government Monitorships at Fenalaw 2018
- Kobre & Kim Analyzes the Business Impact of “Policing Speech Monopolies” in Law360
- Martin De Luca Reviews Global Corporate Criminal Liability in Buenos Aires
- Corruption Probes in LatAm Aren’t Just Local Issues
- Beware the Reach of U.S. Sanctions
Professional & Community Involvement
- Hispanic National Bar Association, Member
Publications & Presentations
- Panelist, "Corporate Investigations in LatAm" (5th Marval Summit on Compliance, Anti-Corruption and Investigations, Buenos Aires, September 2022)
- Guest lecturer, “Best Practices for Cross-Border Investigations and Asset Recovery” (IBCCRIM Brazilian Institute for Criminal Sciences, September 2022)
- Lecturer, “Corporate Plea Bargaining” (Ibmec, São Paulo, September 2022)
- Speaker, "Islamic Finance – stewardship, integrity and accountability: Investor protection and market integrity" (The 39th Cambridge International Symposium on Economic Crime, Cambridge, UK, September 2022)
- Co-author, “Enforcement of Foreign Judgments in Brazil” (Lexology, 2022)
- Co-author, "Suprema Corte dos EUA altera produção de provas internacionais, inclusive no Brasil" [U.S. Supreme Court alters international discovery, including in Brazil] (Consultor Juridico, August 2022)
- Co-author, “Deploying U.S. Discovery In Brazil Following High Court Ruling” (Law360, June 2022)
- Co-author, "The Engel List Foreshadows U.S. Enforcement in Central America" (The Anti-Corruption Report, December 2021)
- Panelist, "Ill-Gotten Gains and Asset Recovery" (International Bar Association 23rd Annual Transnational Crime Conference, Madrid, November 2021)
- Panelist, ““Brazil-U.S. Dialogues and Debates: Advances and Anti-Corruption Challenges” (Barbosa, Müssnich & Aragão Advogados, February 2021)
- Panelist, “Key Considerations in Government and Internal Investigations” (AmCham Brasil Corporate Governance Committee, August 2020)
- Panelist, “Fundamental Rights in Internal Investigations” (Associação dos Advogados de São Paulo, July 2020)
- Moderator, “Getting Law Enforcement on Your Side in Asset Recovery Disputes” (Kobre & Kim, June 2020)
- Panelist, “Estratégias processuais e negociais em tempos de crise” (Casccione, March 2020)
- Panelist, “The Challenges for Private Integrity in Relations with the State” (1st International Forum on Anticorruption Policy, Ethics and Integrity in the State of Rio de Janeiro, Rio de Janeiro, December 2019)
- Speaker, “Conducting Investigations in Latin America” (International Compliance Congress, Buenos Aires, October 2019)
- Panelist, “Asset Recovery: Tracing and Recouping Embezzled Assets Following an Internal Investigation and Proposed Changes to Brazil’s Civil Code” (ACI Anti-Corruption Brazil, São Paulo, May 2019)
- Panelist, "FCPA and Internal Investigations” (WFaria Third Compliance and Internal Investigations Conference, São Paulo, December 2018)
- Panelist, “Government Monitorships” (Fenalaw, São Paulo, October 2018)
- Co-author, “The Side Effects Of Policing ‘Speech Monopolies’” (Law360, October 2018)
- Panelist, “Corporate Criminal Liability” (International Compliance Congress, Buenos Aires, October 2018)
- Speaker, “Plea bargain and cooperation: challenges in importing the system to Brazil,” (OAB/SP Subseção Pinheiros, São Paulo, Brazil, June 2017)
- Co-author, “Argentine Corporate Criminal Liability Law Opens the Door to New Enforcement Risks” (Securities Regulation Daily, November 2017)
- Co-author, “U.S. expands efforts to target corrupt foreign officials” (Westlaw Journal White-Collar Crime, August 2017)
- Presenter, “FCPA Trends in Latin America for Pharmaceutical Companies” (Cámara Argentina de Especialidades Medicinales, Buenos Aires, Argentina, May 2016)
- Presenter, “Designing an Effective and Efficient Anti-Corruption Compliance Program” (Brazilian Institute of Petroleum, Rio de Janeiro, Brazil, May 2016)
- Presenter, “Cooperation Agreements in the United States and Brazil” (KLA Roundtable, São Paulo, Brazil, May 2016)
- Co-author, “DOJ Puts Companies With Venezuelan Ties In Its Crosshairs” (Law360, March 2016)