Martin De Luca | Kobre & Kim — Disputes and Investigations

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, with a focus on Latin America. Mr. De Luca works closely with clients to develop strategies to monetize or dilute claims, preserve assets, liberty and reputation, and to manage the criminal and civil litigation often associated with high profile government investigations, such as asset forfeiture, fraud, sanctions and insolvency litigation.

A former U.S. Department of Justice (DOJ) prosecutor, Mr. De Luca advises clients in Latin America and globally on enforcement actions brought by U.S. and international authorities including, but not limited to, the Foreign Corrupt Practices Act (FCPA), the Racketeer Influenced and Corrupt Organizations (RICO) Act as well as money laundering and wire fraud violations.

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.

SERVICES

Claim Monetization & Dilution International Private Client Investigations, Examinations & Monitorships Government Enforcement Defense

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

SERVICES

Claim Monetization & Dilution International Private Client Investigations, Examinations & Monitorships Government Enforcement Defense

Select Engagements

Claim Monetization & Dilution

Representation of European energy company in the enforcement of a US $11 billion arbitration award against an African sovereign state.
Representation of European publicly traded company in developing and executing a cross-border asset-recovery strategy against assets and targets located in Europe, the Middle East and the U.S., among other jurisdictions to recover US $300 million+ taken by construction and accounting fraud.
Representation of Brazilian entity in developing a strategy to monetize over US $1 billion in claims against a major U.S. financial institution arising out of investment losses accrued following allegations of commercial bribery.
Representation of Brazilian EPC conglomerate in developing a global defensive strategy in connection with a hostile takeover attempt.
Representation of Brazilian publicly traded financial institutions in the investigation and asset recovery campaign to recover millions lost to Chinese hackers through cyberattacks.
Representation of Brazilian company in developing a strategy to monetize a US $25 million arbitral award against European EPC conglomerate that was a joint venture partner.
Representation of Brazilian fund manager engaged in a commercial dispute with former business partners In Brazilian courts in designing an asset-recovery strategy in the U.S., Europe and offshore jurisdictions to monetize claims.
Representation of Brazilian foundation in conducting an investigation into embezzlement in excess of US $30 million by former executives and developing a global claim monetization strategy.
Representation of Chinese investment fund in developing a claim monetization strategy targeting former business partners’ assets across Latin America.

International Private Client

Representation of Venezuelan businessman and senior public official in connection with an investigation by U.S. and European authorities involving fraud, bribery and money laundering.
Representation of Argentine high net worth individual in connection with investigation by U.S. authorities into commercial bribery and money laundering.
Representation of Brazilian high net worth individual in connection with an investigation by U.S. authorities into facilitation of violations of U.S. sanctions.
Representation of the family of a Venezuelan ultra-high net worth individual who has been named by the DOJ as a co-conspirator in money laundering and bribery indictment.
Representation of Brazilian businessman in designing and executing cross-border litigation strategy to monetize claims in excess of SU $50 million against former partners who fraudulently transferred their assets outside Brazil and concealed them in a series of offshore jurisdictions.
Representation of Brazilian investor in seeking discovery in the U.S. under Section 1782 to expose fraud for use in Brazilian investment litigation.
Representation of Brazilian ultra-high net worth family in cross-border litigation to recover over US $100 million in misappropriated estate assets.
Representation of Swiss investor in designing and executing claim monetization strategy resulting from investment losses caused by fraud and misrepresentation in real estate development projects.

Investigations, Examinations & Monitorships

Served on the monitorship team for an FCPA compliance monitorship of a Brazilian company publicly listed in the U.S.
Representation of a U.S. investment fund in conducting an anti-corruption risk assessment across 11 countries in Latin America.
Representation of multinational companies in the pharmaceutical, medical device, aerospace, defense, and oil and gas sectors in connection with joint DOJ/SEC investigations of FCPA violations in Brazil. These investigations often involved close cooperation between U.S. and Brazilian authorities.
Representation of a U.S. institution engaged in a dispute with a U.S. publicly listed company in conducting an offensive investigation involving alleged FCPA violations by adversary in Latin America.
Coordination of on-site compliance reviews and internal investigations in multiple countries, including Argentina, Chile, China, Brazil, Colombia, Costa Rica, Ecuador, Mexico, Nicaragua, Panama, Russia, Spain, Portugal, Switzerland, Ukraine, Uruguay, Venezuela.

Government Enforcement Defense

Representation of a bank senior executive from Brazil in connection with a DOJ/SEC investigation of money laundering and bribery in the Brazilian banking sector.
Representation of Brazil-based senior executive of a U.S. publicly traded financial services company in connection with a DOJ/SEC investigation into money laundering involving Latin America and Europe.
Representation of multiple individuals from Argentina in connection with a DOJ investigation of corruption and money laundering involving FIFA and CONMEBOL.
Representation of U.S.-based senior executive of a U.S. publicly traded company in connection with a DOJ/SEC investigation of FCPA violations across Latin America.
Representation of Chilean executive of U.S. publicly traded company in connection with a DOJ/SEC investigation of FCPA violations across Latin America.
Representation of Brazil based executive of U.S. publicly traded oil & gas company in connection with a DOJ/SEC investigation into FCPA violations in the Brazilian oil industry.
Representation of a U.S. asset manager in connection with U.S. economic sanctions on Venezuela.
Representation of Argentine executive of a U.S. publicly traded company in connection with a DOJ/SEC investigation into FCPA violations in Argentina.

SERVICES

Claim Monetization & Dilution International Private Client Investigations, Examinations & Monitorships Government Enforcement Defense

Professional & Community Involvement

Hispanic National Bar Association, Member

SERVICES

Claim Monetization & Dilution International Private Client Investigations, Examinations & Monitorships Government Enforcement Defense

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)

SERVICES

Claim Monetization & Dilution International Private Client Investigations, Examinations & Monitorships Government Enforcement Defense

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

Engagements

Claim Monetization & Dilution

Representation of European energy company in the enforcement of a US $11 billion arbitration award against an African sovereign state.
Representation of European publicly traded company in developing and executing a cross-border asset-recovery strategy against assets and targets located in Europe, the Middle East and the U.S., among other jurisdictions to recover US $300 million+ taken by construction and accounting fraud.
Representation of Brazilian entity in developing a strategy to monetize over US $1 billion in claims against a major U.S. financial institution arising out of investment losses accrued following allegations of commercial bribery.
Representation of Brazilian EPC conglomerate in developing a global defensive strategy in connection with a hostile takeover attempt.
Representation of Brazilian publicly traded financial institutions in the investigation and asset recovery campaign to recover millions lost to Chinese hackers through cyberattacks.
Representation of Brazilian company in developing a strategy to monetize a US $25 million arbitral award against European EPC conglomerate that was a joint venture partner.
Representation of Brazilian fund manager engaged in a commercial dispute with former business partners In Brazilian courts in designing an asset-recovery strategy in the U.S., Europe and offshore jurisdictions to monetize claims.
Representation of Brazilian foundation in conducting an investigation into embezzlement in excess of US $30 million by former executives and developing a global claim monetization strategy.
Representation of Chinese investment fund in developing a claim monetization strategy targeting former business partners’ assets across Latin America.

International Private Client

Representation of Venezuelan businessman and senior public official in connection with an investigation by U.S. and European authorities involving fraud, bribery and money laundering.
Representation of Argentine high net worth individual in connection with investigation by U.S. authorities into commercial bribery and money laundering.
Representation of Brazilian high net worth individual in connection with an investigation by U.S. authorities into facilitation of violations of U.S. sanctions.
Representation of the family of a Venezuelan ultra-high net worth individual who has been named by the DOJ as a co-conspirator in money laundering and bribery indictment.
Representation of Brazilian businessman in designing and executing cross-border litigation strategy to monetize claims in excess of SU $50 million against former partners who fraudulently transferred their assets outside Brazil and concealed them in a series of offshore jurisdictions.
Representation of Brazilian investor in seeking discovery in the U.S. under Section 1782 to expose fraud for use in Brazilian investment litigation.
Representation of Brazilian ultra-high net worth family in cross-border litigation to recover over US $100 million in misappropriated estate assets.
Representation of Swiss investor in designing and executing claim monetization strategy resulting from investment losses caused by fraud and misrepresentation in real estate development projects.

Investigations, Examinations & Monitorships

Served on the monitorship team for an FCPA compliance monitorship of a Brazilian company publicly listed in the U.S.
Representation of a U.S. investment fund in conducting an anti-corruption risk assessment across 11 countries in Latin America.
Representation of multinational companies in the pharmaceutical, medical device, aerospace, defense, and oil and gas sectors in connection with joint DOJ/SEC investigations of FCPA violations in Brazil. These investigations often involved close cooperation between U.S. and Brazilian authorities.
Representation of a U.S. institution engaged in a dispute with a U.S. publicly listed company in conducting an offensive investigation involving alleged FCPA violations by adversary in Latin America.
Coordination of on-site compliance reviews and internal investigations in multiple countries, including Argentina, Chile, China, Brazil, Colombia, Costa Rica, Ecuador, Mexico, Nicaragua, Panama, Russia, Spain, Portugal, Switzerland, Ukraine, Uruguay, Venezuela.

Government Enforcement Defense

Representation of a bank senior executive from Brazil in connection with a DOJ/SEC investigation of money laundering and bribery in the Brazilian banking sector.
Representation of Brazil-based senior executive of a U.S. publicly traded financial services company in connection with a DOJ/SEC investigation into money laundering involving Latin America and Europe.
Representation of multiple individuals from Argentina in connection with a DOJ investigation of corruption and money laundering involving FIFA and CONMEBOL.
Representation of U.S.-based senior executive of a U.S. publicly traded company in connection with a DOJ/SEC investigation of FCPA violations across Latin America.
Representation of Chilean executive of U.S. publicly traded company in connection with a DOJ/SEC investigation of FCPA violations across Latin America.
Representation of Brazil based executive of U.S. publicly traded oil & gas company in connection with a DOJ/SEC investigation into FCPA violations in the Brazilian oil industry.
Representation of a U.S. asset manager in connection with U.S. economic sanctions on Venezuela.
Representation of Argentine executive of a U.S. publicly traded company in connection with a DOJ/SEC investigation into FCPA violations in Argentina.

News

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)