The Guide to Corporate Crisis Management--- Representing Individual Executives in Latin America

Representing individuals who are being investigated by US regulators is a significant and complicated task, which becomes more complicated when these individuals are Latin American nationals living abroad. This chapter will discuss circumstances under which these nationals could come under US investigation, and key concerns that lawyers should consider when representing Latin American nationals in US regulatory or criminal investigations. As discussed below, US regulators may commence an investigation under various circumstances that can expose Latin American nationals not only to those investigations, but also to the related criminal or civil exposure.

First, we will discuss the potential for US law to apply to individuals located outside of the United States. Second, we will discuss the ability of US law enforcement to pur-sue actions against foreign nationals and individuals located outside of the United States. Third, we will cover the length of time the US government has to pursue an action against an individual located outside of the United States and ways in which US regulators can lengthen these limitations periods. Fourth, we will examine the risks of extradition to the United States, which vary based on location and offence. Fifth, we will examine the contours of the attorney– client privilege and how it may impact an individual’s defence. Sixth, we will discuss the law relating to an individual’s right to indemnification for legal costs associated with investigations, an important issue in light of the significant cost of effective representation in the United States. Finally, we will examine how these factors may influence an individual’s decision whether to cooperate with US regulators’ investigations.

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