Corporate Compliance, Internal Investigations & Business Crime

In recent years, Argentina and the major economies of our continent have devised strong incentives for the private sector to prevent fraud, corruption, the laundering of assets of illicit origin and other offenses. Corporate liability regimes are expanding their reach to environmental, antitrust, and consumer protection matters, among others. Guillermo Jorge and Fernando Basch have been consulted about the design and implementation of such legal frameworks by entities in most countries in the region, including Argentina. Their expertise places them in an unparalleled position to offer advice on the most appropriate risk mitigating strategies to our corporate clients.

Guillermo and Fernando’s experience and specialized knowledge complemets those of other partners of the Firm, such as Enrique Bruchou, Carlos Lombardi and Sergio Arbeleche, who have led highly complex internal investigations for multinational companies operating in Argentina. Enrique Bruchou and Sergio Arbeleche will continue contributing to the development of this practice.

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Our services are nourished, in turn, by the expertise of our partners in each of the practice areas to which our compliance solutions are applied. The involvement of our partners in the areas of Labor Law, Intellectual Property, Data Privacy & New Technologies, Customs Law & Foreign Trade, Banking Law & Capital Markets, Energy and Mining, just to mention a few examples, contributes to fine-tuning the compliance strategies designed for each industry’s clients.

The Department’s services include:

• Advice in and development of internal investigations, e.g. of corporate fraud and in the context of FCPA or other transnational anti-bribery law enforcement actions. Our experience with internal investigations for multinational companies operating in Argentina is outstanding. We are uniquely positioned to conduct anti-bribery and corporate fraud investigations by ourselves or in association with foreign firms. We have in-depth knowledge of public procurement, governmental affairs and business practices in Argentina and Latin America, and we can easily put together a multidisciplinary team of experts in corporate law, M&As, capital markets, foreign trade, data privacy, environmental law, public law, tax law, and antitrust, among others fields, to efficiently identify the case’s relevant facts and accurately summarize and report its main conclusions.

• Criminal compliance counseling. Local and transnational corporate liability regimes have created new needs for corporate criminal advice, preventive in nature and complementary to the criminal counseling that corporate management individually receives. Our team specializes in the identification of criminal risks and the development of corporate governance and compliance mitigating strategies.

• Design and implementation of industry remedial strategies in sectors or operations exposed to high or structural corruption risks. Tolerance of corruption allows the formation of networks of illicit exchanges which, over time, institutionalize practices that compete and often substitute formal rules. Systemic corruption can only be addressed through remedial strategies, which in turn require collective efforts – strategies directed at aligning the incentives of the main market stakeholders to cooperate and reestablish trust in legal compliance. The Department’s partners led the Maritime Anti-Corruption Network’s (MACN) collective action initiative in Argentina, which garnered international recognition for reducing corruption risks in grain export processes in Argentine ports.

• Advice on the design, implementation, updating and evaluation of compliance programs. We have extensive experience in designing and implementing compliance strategies tailored to address each industry’s risks. Our experience in the region, as well as our knowledge of the main OECD countries’ anti-corruption legislation allows us to act as an one-stop-shop for practicing and implementing compliance in Latin America.

• A team capable of grasping the material facts of a case and of effectively and accurately reporting – both in person and in writing – the relevant findings.

Our multidisciplinary team also comprises experts in corporate law, anti-money laundering law, white collar crimes, capital markets, environmental law, administrative law, and tax law.