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Tenaris SA: $25M Fine

June 2, 2022
Administrative Order by the U.S. Securities and Exchange Commission imposing a fine of $25 million on Tenaris S.A., described as "a global manufacturer and supplier of steel pipe products and related services, headquartered in Luxembourg", for "violations of the anti-bribery, books and records, and internal accounting controls provisions of the Foreign Corrupt Practices Act of 1977 by Tenaris, as a result of a bribe scheme involving agents and employees of its Brazilian subsidiary to obtain and retain business from a Brazil state-owned entity Petróleo Brasileiro S.A.".

Banco Santander (Brasil) SA v. Buritirama Mineração SA et al: Brazil Judgment Registration

May 31, 2022
Registration of a Brazilian Judgment in Banco Santander (Brasil) SA v. Buritirama Mineração SA, João José Oliveira de Araújo, Skypar Empreendimentos e Participações Eireli, Skypar Inernational Inc., Eurotech Yachting Management Ltda, Fazendas Nacionais Participações Ltda, and Buritipar Holding SA at the Circuit Court of the Eleventh Judicial Circuit, Miami-Dade County, Florida.

Colombo Agroindústria SA v. Eloy Rodrigo Colombo: Discovery Application (Brazil)

May 31, 2022
Application by Colombo Agroindústria SA, described as "a family-owned company whose mission is to provide food, energy, and related products for sustainable development", to take discovery from Eloy Rodrigo Colombo, described as "a minority shareholder of Colombo and a member of the Colombo family", for us in "two foreign criminal and civil proceedings that Colombo intends to file in Brazil" alleging defamation, filed at the U.S. District Court for the Southern District of Florida.

Itáu Unibanco SA v. Title Team: Discovery Application (Brazil)

May 31, 2022
Application by Itáu Unibanco SA to take discovery from Martha L. Mendez, P.A., d.b.a. Title Team, of Coral Gables, Florida, for use in legal proceedings in São Paulo, Brazil, regarding "various loan agreements, import credit agreements, and derivative contracts with a Brazilian company named MapTrade Indústria e Comércio de Produtos Ltda.", filed at the U.S. District Court for the Southern District of Florida.

Bureau Veritas Brazil et al v. Gaivota LLC et al: Discovery Application (Brazil)

May 26, 2022
Application by Bureau Veritas do Brasil Sociedade Classificadora e Certificadora Ltda, BVQI do Brasil Sociedade Certificadora Ltda, and Kuhlmann Monitoramento Agricola Ltda, all of Brazil, to take discovery from Gaivota, LLC, of Delaware; Alexandre Spitz, and Ram Rajagopal for use in "ongoing judicial proceedings in Brazil and an international tribunal in the International Chamber of Commerce regarding Eduardo Chabassus Kuhlmann Junior and Leila Maria Martins Kuhlmann's various breaches of a Quota Purchase Agreement", filed at the U.S. District Court for the Northern District of California.

LATAM Airlines Group SA et al v. WeWork Chile SpA: Complaint ($128,002)

May 25, 2022
Complaint to avoid allegedly fraudulent transfers totaling $128,002 in LATAM Airlines Group S.A., of Chile, described as "Latin America’s leading airline group", et al v. WeWork Chile SpA, of Chile, at the U.S. Bankruptcy Court for the Southern District of New York.

LATAM Airlines Group SA et al v. Wamos Air SA: Complaint ($754,571)

May 25, 2022
Complaint to avoid allegedly fraudulent transfers totaling $754,571 in LATAM Airlines Group S.A., of Chile, described as "Latin America’s leading airline group", et al v. Wamos Air SA, of Spain, at the U.S. Bankruptcy Court for the Southern District of New York.

LATAM Airlines Group SA et al v. Travelliance: Complaint ($122,826)

May 25, 2022
Complaint to avoid allegedly fraudulent transfers totaling $122,826 in LATAM Airlines Group S.A., of Chile, described as "Latin America’s leading airline group", et al v. NHI-2 LLC, d.b.a. Travelliance, at the U.S. Bankruptcy Court for the Southern District of New York.

LATAM Airlines Group SA et al v. Gen2 Systems Ltd.: Complaint ($128,132)

May 25, 2022
Complaint to avoid allegedly fraudulent transfers totaling $128,132 in LATAM Airlines Group S.A., of Chile, described as "Latin America’s leading airline group", et al v. Gen2 Systems Limited, of England, at the U.S. Bankruptcy Court for the Southern District of New York.

LATAM Airlines Group SA et al v. Falabella SA: Complaint ($219,992)

May 25, 2022
Complaint to avoid allegedly fraudulent transfers totaling $219,992 in LATAM Airlines Group SA, of Chile, described as "Latin America’s leading airline group", et al v. Falabella S.A., of Chile, at the U.S. Bankruptcy Court for the Southern District of New York.

LATAM Airlines Group SA et al v. Comercial Ops SpA: Complaint ($1M)

May 25, 2022
Complaint to avoid allegedly fraudulent transfers totaling $1 million in LATAM Airlines Group S.A., of Chile, described as “Latin America’s leading airline group”, et al v. Comercial Ops SpA, of Chile, at the U.S. Bankruptcy Court for the Southern District of New York.

LATAM Airlines Group SA et al v. Avalco SpA: Complaint ($144,743)

May 25, 2022
Complaint to avoid allegedly fraudulent transfers totaling $144,743 in LATAM Airlines Group S.A., of Chile, described as "Latin America’s leading airline group", et al v. Avalco SpA, of Chile, at the U.S. Bankruptcy Court for the Southern District of New York.

USA v. Glencore International AG: Criminal Information

May 24, 2022
Criminal Information alleging conspiracy to violate the anti-bribery provisions of the Foreign Corrupt Practices Act to "obtain and retain business in Nigeria, Cameroon, Ivory Coast, Equatorial Guinea, Brazil, Venezuela, and the Democratic Republic of the Congo" in USA v. Glencore International AG, described as "a multinational commodity trading and mining company headquartered in Baar, Switzerland", at the U.S. District Court for the Southern District of New York.

Nexgenesis Holdings Ltda. et al: Chapter 15 Petition

May 23, 2022
Chapter 15 Petition for the Recognition of a Foreign Main Proceeding by Eliza Fazan, of Expertisemais Serviços Contábeis e Administrativos Ltda., as the Foreign Representative of Nexgenesis Holdings Ltda., Gencomm Financial Services do Brasil Ltda., Gencomm Internet Services do Brasil Ltda., and Gencomm Logistics Services do Brasil Ltda., all described as being "part of the Rakuten Group's Brazilian operations", for use in legal proceedings in São Paulo, Brazil, filed at the U.S. Bankruptcy Court for the Southern District of Florida.

Susan Devine v. Spears & Imes LLP: Judicial Assistance (Liechtenstein)

May 11, 2022
Ex Parte Request for Judicial Assistance by Susan Elaine Devine, described as "a citizen of the United States and Brazil and a resident of Florida" and a former wife of Florian Homm, a German citizen who was indicted in California in 2013 for alleged investment fraud and is currently a fugitive, to obtain evidence from law firm Spears & Imes LLP for use "in connection with criminal proceedings that have been launched against Ms. Devine in Liechtenstein relating to alleged money laundering" involving "nine hedge funds that were incorporated in the Cayman Islands", namely Absolute Activist Value Master Fund Limited, Absolute East West Fund Limited, Absolute East West Master Fund Limited, Absolute European Catalyst Fund Limited, Absolute Germany Fund Limited, Absolute India Fund Limited, Absolute Octane Fund Limited, Absolute Octane Master Fund Limited, and Absolute Return Europe Fund Limited, filed at the U.S. District Court for the Southern District of New York.

Associação dos Profissionais dos Correios v. The Bank of New York Mellon Corporation: Discovery Application (Brazil)

May 10, 2022
Application by Associação dos Profissionais dos Correios, described as "a Brazilian non-profit association that defends and represents the interests of present and former/retired postal worker employees of Correios, a state-owned public postal company", to take discovery from The Bank of New York Mellon Corporation for use in legal proceedings in São Paulo, Brazil "against Instituto de Seguridade Social dos Correios e Telégrafos, Empresa Brasileira de Correio e Telégrafos, KPMG Auditores Independentes, and BNY Mellon Serviços Financeiros Distribuidora de Títulos e Valores Mobilários S.A." alleging "misconduct, malfeasance, breaches of fiduciary duties, and corruption", filed at the U.S. District Court for the Southern District of New York.

Christian Sarcuni et al v. bZx DAO et al: Class Action Complaint (‘$55M Crypto Theft’)

May 2, 2022
Class Action Complaint alleging negligence regarding the theft by hacking of cryptocurrency worth $55 million in Christian Sarcuni, of Italy; Pedro Cunha, of Portugal; Alexander Lloyd, a citizen of Canada and the United Kingdom; Skliar Viktor, of Ukraine; Marc Simon, of France; Pilici Rustam, of Moldova; Daniel Lu, of China; Clément Ométek, of France; Edison Ho, a citizen of China residing in Hong Kong; Kiro Aleksandrov, of Bulgaria; Jonas Wernecke, of Germany; Paolo Leite, of Brazil; Miras Issakhov, of Kazakhstan, and Daniele Penna, of Italy v. bZx DAO, described as "a purported Decentralized Autonomous Organization that is a general partnership" based in San Diego, California; Kyle Kistner, of San Diego, California; Tom Bean, of Alpharetta, Georgia; Hashed International LLC, of Wyoming; AGE Crypto GP LLC, of Nevada; Ooki DAO, described as "a purported Decentralized Autonomous Organization that is a general partnership" based in San Diego, California; Leveragebox LLC, of Delaware, and bZeroX LLC, of Delaware, at the U. S. District Court for the Southern District of California.

USA v. Luiz Capuci, Jr.: Criminal Indictment

April 29, 2022
Criminal Indictment alleging cryptocurrency-based investment fraud and money laundering in USA v. Luiz Capuci, Jr., a.k.a. Junior Capuci, at the U. S. District Court for the Southern District of Florida.

SEC v. Vale SA: Complaint

April 28, 2022
Complaint alleging securities fraud "by intentionally concealing the risks that one of its older and more dangerous dams, the Brumadinho dam, might collapse" in U. S. Securities and Exchange Commission v. Vale S.A., of Rio de Janeiro, Brazil, described as "one of the world’s largest iron ore producers", at the U. S. District Court for the Eastern District of New York.

USA v. Merrill Lynch: Judicial Assistance

April 26, 2022
Application for the appointment of a Commissioner to collect evidence from Merrill Lynch - pursuant to a request for judicial assistance from the 6th Probate and Family Court of the Regional Forum II of Santo Amaro in São Paulo, Brazil - for legal proceedings styled as 'Leticia Lagoa Ribeiro v. Alexandre Fernandes Martins' involving "claims of misappropriated assets", filed at the U. S. District Court for the Middle District of Florida.

SPS I Fundo de Investimento de Ações v. JPMorgan Chase Bank et al: Discovery Application (Brazil)

April 21, 2022
Application by SPS I Fundo de Investimento de Ações, of São Paulo, Brazil, described as "a minority shareholder of one of the largest Brazilian public companies, JBS S.A., which was used by its controlling shareholders for the purpose of conducting an illicit bribery scheme, defrauding JBS and its minority shareholders", to take discovery from JPMorgan Chase Bank N.A. and Barclays USA, Inc. for use in legal proceedings in Brazil, filed at the U. S. District Court for the Southern District of New York.

Stericycle, Inc.: $24M Penalty

April 20, 2022
Administrative Order by the U. S. Securities and Exchange Commission imposing a penalty of $23,987,520 on Stericycle, Inc., described as a Delaware-domiciled "world-wide provider of medical waste and other services" for "violations of the anti-bribery, books and records, and internal accounting controls provisions of the Foreign Corrupt Practices Act of 1977" involving "wholly-owned subsidiaries in Brazil, Mexico, and Argentina".

USA v. Stericycle, Inc.: Deferred Prosecution Agreement

April 18, 2022
Deferred Prosecution Agreement regarding violations of the Foreign Corrupt Practices Act involving entities in Argentina, Brazil, and Mexico in USA v. Stericycle Inc. at the U. S. District Court for the Southern District of Florida.

SEC v. Fernando Passos: Complaint

April 18, 2022
Complaint "against Passos, a former senior executive at Brazilian reinsurance company IRB Brasil Resseguros S.A., for planting a false story with the media and disseminating false documents claiming that Berkshire Hathaway Inc. had recently made a substantial investment in IRB" in U. S. Securities and Exchange Commission v. Fernando Passos, described as a resident of São Paulo, Brazil, at the U. S. District Court for the Southern District of New York.

USA v. Stericycle, Inc.: Criminal Information

April 14, 2022
Criminal Information alleging violations of the Foreign Corrupt Practices Act involving entities in Argentina, Brazil, and Mexico USA v. Stericycle Inc. at the U. S. District Court for the Southern District of Florida.

SEC v. Mining Capital Coin et al: TRO Motion

April 7, 2022
Motion for Temporary Restraining Order regarding an alleged cryptocurrency-based investment fraud in U.S. Securities and Exchange Commission v. MCC International Corp., d.b.a. Mining Capital Coin Corp., of Massachusetts; CPTLCoin Corp., of Massachusetts; Bitchain Exchanges, described as "an unincorporated organization or association"; Luiz Carlos Capuci Jr., a.k.a. Junior Caputti, described as a citizen of Brazil and the USA residing in Port St. Lucie, Florida, and Emerson Sousa Pires, described as a citizen and resident of Brazil, at the U.S. District Court for the Southern District of Florida.

SEC v. Mining Capital Coin et al: Complaint (‘Crypto-Based Investment Fraud’)

April 7, 2022
Complaint alleging a cryptocurrency-based investment fraud in U.S. Securities and Exchange Commission v. MCC International Corp., d.b.a. Mining Capital Coin Corp., of Massachusetts; CPTLCoin Corp., of Massachusetts; Bitchain Exchanges, described as "an unincorporated organization or association"; Luiz Carlos Capuci Jr., a.k.a. Junior Caputti, described as a citizen of Brazil and the USA residing in Port St. Lucie, Florida, and Emerson Sousa Pires, described as a citizen and resident of Brazil, at the U.S. District Court for the Southern District of Florida.

USA v. Carlos Ramon Polit Faggioni: Criminal Indictment

March 25, 2022
Criminal Indictment alleging money laundering concerning bribes involving Odebrecht SA, of Brazil, in USA v. Carlos Ramon Polit Faggioni, described as a citizen of Ecuador who "served as the comptroller general of Ecuador from in or around 207 to 2017", at the U. S. District Court for the Southern District of Florida.
SPI Investment Fund

Swiss asset manager Marc-André Pépin accused of fraud by Cayman’s SPI Investment Fund

March 21, 2022
In a winding-up petition, Swiss investment manager Marc-André Pépin has been accused of "fraudulent misconduct and mismanagement" by Cayman Islands-domiciled SPI Investment Fund SPC, whose investors' funds have allegedly ended up in questionable arrangements with entities operated by Prudent Group, Dennis Klemming, and Jacob Gitman, all of Miami, Florida.

U.S.J. – Açúcar e Álcool SA et al: Chapter 15 Petition (Brazil)

March 16, 2022
Chapter 15 Petition for Recognition of a Foreign Main Proceeding in São Paulo, Brazil by Renato Carvalho do Nascimento, as the Foreign Representative of U.S.J. - Açúcar e Álcool SA, Agro Pecuária Campo Alto S.A., and Companhia Agrícola São Jerônimo, described as being part of a group that "is a leading sugar and ethanol producer in the Center-South region of Brazil", filed at the U. S. Bankruptcy Court for the Southern District of New York.

Restore Advisory Intermediações Ltda. v. Admel Properties Inc.: Discovery Application (‘R$41M Debt’)

March 2, 2022
Application by Restore Advisory Intermediações Ltda. to take discovery from Admel Properties Inc., described as "a vehicle used by Mello outside of Brazil to conceal available funds that should have been directed to satisfy the Brazilian judgement against him", for use in legal proceedings in São Paulo, Brazil "to enforce a debt against the assets of Trendbank S.A. Banco de Fomento and its guarantor, Adolpho Mello", filed at the U. S. District Court for the Southern District of New York.

Leif-Erik Hvide v. Holdun Family Office LLC et al: Complaint (State Court)

February 28, 2022
Complaint alleging fraud in Leif-Erik Hvide, described as "a U.S. citizen residing in Rio de Janeiro, Brazil" v. Holdun Family Office LLC, of Florida; Holt Financial Ltd., of the Bahamas; Holdun Family Office (Bahamas) Limited, of the Bahamas; Holt Accelerator LP, of Canada; HOLT Funds SPC, of the Cayman Islands; Brendan Holt Dunn, of the Bahamas; Margaret 'Maggie' Dunphy, of Montreal, Canada; Stuart Dunn, of Montreal, Canada; Jan Christopher Arp, of Montreal, Canada; Gordon Dempsey, of Toronto, Canada, and Michael A. Blank, described as a Florida-based attorney, at the Circuit Court of the Eleventh Judicial Circuit, in and for Miami Dade County, Florida.

Brazil: Eduardo Cesar Lourenco de Avila

February 8, 2022
Application for the appointment of a Commissioner to collect evidence from California resident Eduardo Cesar Lourenco de Avila - pursuant to a request for judicial assistance from Brazil - for a criminal investigation into Avila for allegedly misappropriating $224,811 "from the federal public company CAIXA Aqui".

Paymentology Ltd.: Public Censure

February 7, 2022
Decision Notice by the Dubai Financial Services Authority to publicly censure Paymentology Ltd., described as a British "payment technology solutions provider", for "disseminating misleading or deceptive information", specifically "by incorrectly claiming that it was licensed by the DFSA and had an office in the DIFC".

Carolina Lane v. Morgan Stanley et al: Discovery Application

February 3, 2022
Application by Carolina Andraus Lane to take discovery from Morgan Stanley, RBC Bank, Citigroup, Inc., Deutsche Bank AG, Safra Bank of New York, and law firm Fox Horan & Camerini LLP for use in legal proceedings in São Paulo, Brazil, "her former husband and business partner Gilberto Miranda Batista", filed at the U. S. District Court for the Southern District of New York.

Caetano Rosa Holding Corp. v. Kravitz Law PA et al: Complaint

January 25, 2022
Complaint alleging breach of contract in Caetano Rosa Holding Corp., described as a Marshall Islands company owned by Jobelino Locatelli, who "died on February 17, 2020" and was "the patriarch of the Locatelli family; a prominent family from Sao Paulo, Brazil, with extensive business interests" v. Kravitz Law PA and Genilde Guerra at the Circuit Court of the 11th Judicial Circuit, in and for Miami-Dade County, Florida.

Banco Santander (Brasil) SA v. Citibank NA et al: Discovery Application (Brazil)

January 24, 2022
Application by Banco Santander (Brasil) SA to take discovery from Citibank NA, The Bank of New York Mellon, Société Générale, New York Branch; HSBC Bank USA NA, BNP Paribas USA, JPMorgan Chase Bank NA, Barclays Bank Plc, Bank of America NA, Wells Fargo Bank NA, and The Clearing House Payments Company LLC for use in legal proceedings in São Paulo, Brazil alleging fraud "against Ducoco Produtos Alimenticios S/A, Ducoco Alimentos S/A, Malibu Holding S/A, and Nelson Nogueira Pinheiro", filed at the U. S. District Court for the Southern District of New York.

SPS Corp I v. General Motors et al: Discovery Application

December 23, 2021
Application by SPS Corp I - Fundo de Investimento em Direitos Creditórios Não Padronizados, described as "a Brazilian entity that purchased the IPI tax indemnification rights of 35 car dealerships in Brazil", to take discovery from General Motors Co., Deloitte & Touche LLP, and Ernst & Young LLP for use in "pending and contemplated Brazilian legal proceedings against GM’s wholly owned subsidiary, General Motors do Brasil LTDA., for monies that GM Brazil owes the Applicant in connection with a three-decade-long tax dispute between GM Brazil and the Brazilian federal government for tax credits paid by several GM car dealerships in Brazil", filed at the U. S. District Court for the District of Delaware.

Frigorifico Margen Ltda et al: Chapter 15 Petition

December 22, 2021
Chapter 15 Petition for Recognition of a Foreign Main Proceeding in Brazil by Capital Administradora Judicial Ltda. and Luis Claudio Montoro Mendes, as the Foreign Representatives of Frigorifico Margen Ltda and others which allegedly "used multiple shell companies incorporated throughout South America to transfer and hide assets and to defraud creditors", filed at the U. S. Bankruptcy Court for the Southern District of New York.

Fundo de Recuperação de Ativos v. Ceagro Agrícola Ltda et al: $39M Judgment

December 14, 2021
Judgment for $39 million in Fundo de Recuperação de Ativos - Fundo de Investimentos em Direitos Creditorios Não Padronizados, of Brazil v. Ceagro Agrícola Ltda, Antonio Carlos Gonçalves Junior, and Christine Crothers Gonçalves, all of São Paulo, Brazil, at the Supreme Court of the State of New York, County of New York.

WEX Inc.: $350K Fine

December 13, 2021
Administrative Order by the U. S. Securities and Exchange Commission imposing a fine of $350,000 on WEX Inc., described as "a Maine-based reporting company that describes itself as a financial technology service provider" for failing "properly to devise and maintain a sufficient system of internal accounting controls at its Brazilian subsidiary, UNIK S.A.", that led to "errors in WEX Brazil’s financial statements back to fiscal year 2013 totaling approximately $85.5 million, mostly relating to the overstatement of unbilled receivables. This amount included about $8 million in suspected theft or unauthorized transactions by former WEX Brazil employees".