Brazil

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Genial Institucional Corretora de Cambio et al v. Manuel Maria Monteiro Dias Fernandes Fernandez et al: Discovery Application (Brazil)

July 30, 2024
Application by Genial Institucional Corretora de Cambio, Títulos e Valores Mobiliários S.A., and Genial Investimentos Corretora de Valores Mobiliários S.A. to take discovery from Manuel Maria Monteiro Dias Fernandes Fernandez, Brasil Plural Securities LLC, Brasil Plural Holdings LLC, and Daniel Sousa for use in legal proceedings in Brazil, filed at the U.S. District Court for the Southern District of New York.

Switzerland requests bank records of U.S. firm for money laundering investigation into ‘caterer’ Maria Magali Ribeiro Martignoni

July 23, 2024
Switzerland has requested the bank records of U.S. firm Trading Core Investment LLC, which has an affiliate in the Cayman Islands, for a criminal investigation into purported "caterer" Maria Magali Ribeiro Martignoni for suspected money laundering involving accounts and entities in Andorra, Italy, Saudi Arabia, Switzerland, United Arab Emirates, and USA.

Switzerland: Maria Magali Ribeiro Martignoni (‘Money Laundering’)

July 22, 2024
Application for the appointment of a Commissioner to collect evidence from East West Bank Core regarding an account held by Trading Core Investment LLC - pursuant to a request for judicial assistance from Switzerland - for a criminal investigation into Maria Magali Ribeiro Martignoni for suspected money laundering.

InterCement Brasil S.A. et al: Chapter 15 Petition (Brazil)

July 15, 2024
Chapter 15 Petition for Recognition of a Foreign Main Proceeding in Brazil by Antonio Reinaldo Rabelo Filho, as the Foreign Representative of InterCement Brasil S.A., InterCement Participações S.A., InterCement Financial Operations B.V., and InterCement Trading e Inversiones S.A., described as being part of a group that is "the third largest cement and concrete producers in Brazil and market leaders in Argentina", filed at the U.S. Bankruptcy Court for the Southern District of New York.

Banco BTG Pactual S.A. et al v. Admel Properties Inc.: Discovery Application (Brazil)

July 1, 2024
Application by Banco BTG Pactual S.A. and Travessia Securitizadora de Créditos Financeiros VIII S.A., of Brazil, to take discovery from Admel Properties Inc. for use in legal proceedings in Brazil involving Alessandro Peres Pereira, Adolpho Julio da Silva Mello Neto, Bioverde Indústria, LMA Partners Participações Ltda., and Bioverde Participações Ltda. and an alleged debt of BRL 271 million, filed at the U.S. District Court for the Southern District of New York.

Cayman Investment Funds Master SPC et al: Chapter 15 Petition (Cayman Islands)

June 24, 2024
Chapter 15 Petition for Recognition of a Foreign Main Proceeding in the Cayman Islands by Samuel Cole and Mitchell Mansfield, of Kroll, as the Foreign Representatives of Cayman Investment Funds Master SPC (in Official Liquidation) and Cayman Investment Funds SPC (in Official Liquidation), filed at the U.S. Bankruptcy Court for the Southern District of Florida.

SouthRock Capital Ltda. et al: Chapter 15 Petition (Brazil)

June 12, 2024
Chapter 15 Petition for Recognition of a Foreign Main Proceeding in Brazil by Fabio Rohr, as the Foreign Representative of SouthRock Capital Ltda., Americana Franquia S.A., Brazil Airport Restaurantes S.A., HB Participacoes S.A., SRC 5 Participacoes Ltda., SRC 6 Participacoes Ltda., SRC Holding Participacoes S.A., SR N Participacoes S.A., Star Participacoes S.A., Starbucks Brasil Comercio de Cafes Ltda., SW do Brasil Ltda., formerly Subway do Brasil Ltda.; SW Stores do Brasil Ltda., formerly Subway Stores, and Wahalla Ltda., described as being part of "a large Brazilian food and beverage" group, filed at the U.S. Bankruptcy Court for the Southern District of Texas.

Municipality of Mariana et al v. Wagner Milagres Alves: Discovery Application (England)

May 30, 2024
Application by the Municipality of Mariana, in Brazil, and "over 600,000 victims of the catastrophic collapse of the Fundão Dam near Belo Horizonte, Brazil, in November 2015" to take discovery from Wagner Milagres Alves for use in legal proceedings in England styled as "fMunicípio de Mariana and Others v BHP Group Plc and BHP Group Limited", filed at the U.S. District Court for the District of Arizona.

Ibiuna Crédito Gestão de Recursos Ltda. et al v. American Airlines Group, Inc. et al: Discovery Application (Brazil)

May 14, 2024
Application by Ibiuna Crédito Gestão de Recursos Ltda., Travessia Securitizadora de Créditos Financeiros XXXII S.A., and Travessia Securitizadora de Créditos Financeiros S.A. to take discovery from American Airlines Group, Inc., Bank of America Corp., and Amarillo National Bancorp, Inc. for use in "foreign civil and criminal proceedings pending in Brazil concerning the business operations of Starbucks and Subway in that country, held through the SouthRock Group, a group of U.S. and Brazilian companies controlled and owned by Kenneth Steven Pope", filed at the U.S. District Court for the Northern District of Texas.

Banco Votorantim S.A. v. Kenneth Pope et al: Brazil Judgment Registration (BRL 7.5M)

May 8, 2024
Foreign Judgment Registration in the amount of BRL 7,540,709 in Banco Votorantim S.A., of São Paulo, Brazil v. Kenneth Steven Pope, Starbucks Brasil Comércio de Cafés Ltda., Brazil Airport Restaurante S.A., and SouthRock Capital Ltda., all of São Paulo, Brazil, at the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, Florida, USA.

Ibiuna Crédito Gestão de Recursos Ltda. et al v. Riata Corporate Group LLC: Discovery Application (Brazil)

May 8, 2024
Application by Ibiuna Crédito Gestão de Recursos Ltda., described as "an independent asset management firm"; Travessia Securitizadora de Créditos Financeiros XXXII S.A., described as "a company that specializes in securitization", and Travessia Securitizadora de Créditos Financeiros S.A. to take discovery from Riata Corporate Group LLC, described as "an oil & gas company founded in 1985 by Mr. Noah Mallone Mitchell", Mr. Pope’s uncle for use in "foreign civil and criminal proceedings pending in Brazil concerning the business operations of Starbucks and Subway in that country, held through the SouthRock Group, a group of U.S. and Brazilian companies controlled and owned by Kenneth Steven Pope", filed at the U.S. District Court for the Northern District of Texas.

Município de Mariana et al v. Thomas DeGeorgio et al: Discovery Application (England)

May 1, 2024
Application by Município de Mariana, in Brazil, and 730,000 other claimants to take discovery from Thomas DeGeorgio and Sondra Sultemeier for use in legal proceedings in England against BHP Group (UK) Ltd. and BHP Group Ltd. regarding the collapse of the Fundão Dam, near Belo Horizonte, Brazil, causing "the worst environmental disaster in Brazil’s history", filed at the U.S. District Court for the Southern District of Texas.

Município de Mariana et al v. Rene Mendoza: Discovery Application (England)

May 1, 2024
Application by Município de Mariana, in Brazil, and 730,000 other claimants to take discovery from Rene Mendoza for use in legal proceedings in England against BHP Group (UK) Ltd., formerly BHP Billiton Plc and BHP Group Plc, and BHP Group Ltd. regarding the collapse of the Fundão Dam near Belo Horizonte, in eastern Brazil, "unleashing the worst environmental disaster in Brazil’s history", filed at the U.S. District Court for the Northern District of Illinois.

Ativos Especiais II et al v. The Clearing House Payments Company LLC et al: Discovery Application (Brazil)

March 13, 2024
Application by Ativos Especiais II - Fundo de Investimento em Direitos Creditórios - NP and Ativos Especiais III - Fundo de Investimento em Direitos Creditórios - NP, described as "two investment funds organized under Brazilian law", to take discovery from The Clearing House Payments Company LLC and Morgan Stanley & Co. LLC for use in legal proceedings in Brazil "against Silvana Malandrini Mazza", who was described as "a Brazilian businesswoman" who "may be concealing certain funds and assets abroad", filed at the U.S. District Court for the Southern District of New York.

USA v. Dan Rotta: Criminal Complaint (‘Offshore Tax Fraud’)

March 11, 2024
Criminal Complaint alleging the defendant "concealed millions of dollars in assets and income from the IRS in Swiss bank accounts for several decades that he failed to report" involving, inter alia, individuals and entities in Brazil, British Virgin Islands, France, Hong Kong, Romania and Switzerland in USA v. Dan Rotta at the U.S. District Court for the Southern District of Florida.

OIH Renewables Sàrl v. Citibank, N.A. et al: Discovery Application (Brazil)

February 29, 2024
Application by OIH Renewables Sàrl, of Luxembourg, to take discovery from Citibank, N.A., The Bank of New York Mellon, Société Générale, New York Branch; HSBC Bank USA, N.A., BNP Paribas USA, JPMorgan Chase Bank, N.A., Barclays Bank PLC, Deutsche Bank Trust Co. Americas, UBS AG, Bank of America, N.A., Standard Chartered Bank US, Commerzbank AG, New York Branch; Bank of China, New York Branch; Wells Fargo Bank, N.A., Safra National Bank of New York, Banco do Brasil S.A., and The Clearing House Payments Company L.L.C. for use in legal proceedings in Brazil "against Marco Aurélio Luz Goncalves" regarding allegations that he "might be concealing his assets by using offshore corporate structures and making fraudulent transfers of his assets to his family members, since he is seemingly able to comply with the alimony costs without showing any real source of funds", filed at the U.S. District Court for the Southern District of New York.

GOL Linhas Aéreas Inteligentes SA et al: Chapter 11 Petition (Brazilian Airline)

January 25, 2024
Chapter 11 Petition by GOL Linhas Aéreas Inteligentes SA, GOL Linhas Aéreas S.A., GTX S.A., GAC, Inc., Gol Finance (Luxembourg), Gol Finance (Cayman), Smiles Fidelidade S.A., Smiles Viagens e Turismo S.A., Smiles Fidelidade Argentina S.A., Capitânia Air Fundo de Investimento Multimercado Crédito Privado Investimento no Exterior, Sorriso Fundo de Investimento em Cotas de Fundos de Investimento Multimercado Crédito Privado Investimento no Exterior, and Gol Equity Finance, collectively described as "one of Brazil’s largest domestic airlines by market share, one of the leading low-cost carriers in South America, and one of the largest low-cost carriers globally", filed at the U.S. Bankruptcy Court for the Southern District of New York.

Brazil: eBay (‘Fossil Smuggling’)

January 17, 2024
Application for the appointment of a Commissioner to collect evidence from eBay - pursuant to a request for judicial assistance from Brazil - for a criminal investigation into "unknown subjects for smuggling, extraction of Brazilian fossils without authorization, exploitation of raw materials, and extraction of mineral resources without authorization".

Swedish national Jon Malmsäter’s SCF Brazil Cayman fund goes into liquidation

January 16, 2024
Another Cayman Islands mutual fund - SCF Brazil, Cayman Feeder SPC - associated with the Miami-based, Brazil-focused Prudent Group has collapsed, this one operated by Swedish national Jon Malmsäter, who has a history of dubious investment schemes, indebtedness, tax problems, and even domestic violence.

Brazil: Artemis Art Gallery (‘Fossil Smuggling’)

January 12, 2024
Application for the appointment of a Commissioner to collect evidence from Artemis Art Gallery - pursuant to a request for judicial assistance from Brazil - for a criminal investigation into "unknown subjects for smuggling, extraction of Brazilian fossils, exploration of raw materials without authorization, and mining mineral resources without authorization".