Victims of fraud, judgment creditors, spouses embroiled in high net worth divorce proceedings, sovereign governments, and office holders such as bankruptcy trustees and equity receivers encounter debtors that conceal and divert assets across multiple jurisdictions by using complex corporate structures. Rodrigo Da Silva has experienced tracing and recovering assets by filing, prosecuting, and coordinating litigation across multiple jurisdictions by collaborating with professionals from other fields, including private investigators, computer and accounting forensic experts.
Our asset recovery practice focuses on representing only creditors in their pursuit of assets that they have a legal interest in, either because they have legal claim, a judgment, or a legal right such as the right to the equitable distribution of marital assets or the rights of heirs to receive their fair share of a decedent’s estate.
We work with experienced asset recovery specialists in offshore jurisdictions to trace, freeze, and collect assets. We also pursue legal claims against third parties that may have assisted the debtor in shielding his assets, including professionals, financial institutions, and the recipients of fraudulent transfers. We develop and implement aggressive and creative legal strategies topersuade debtors to reach out-of-court settlements that are satisfactory to our clients.
Mr. Da Silva has been involved in obtaining foreign main and non-main recognition under Chapter 15 of the U.S. Bankruptcy Code for Trustees and Liquidators of bankrupt Latin American companies and financial institutions in cases where insiders (directors, shareholders, and officers) misappropriated hundreds of millions of dollars’ worth of assets into or through the United States. Mr. Da Silva also has extensive experience using pre-suit tools such as the flexible 28 U.S.C. § 1782 statute to gather evidence for use in pending or reasonably contemplated foreign proceedings.
In many cases, we offer alternative fee arrangements whereby our legal fees are paid only from funds recovered from the debtor. We have experience helping clients obtain financing to prosecute their claims by presenting their cases to litigation funders.