Overview
Cristián Francos is dual-qualified in Argentina and the United States. He has over two decades of experience in both civil and common law jurisdictions. He practices in the areas of international disputes, complex financial matters and white-collar defense, as well as compliance and investigations.
Mr. Francos focuses extensively on matters relating to individuals and corporations in Latin America. He has helped clients navigate the U.S. legal system in complex cases, acting as their trusted advisor in the day-to-day handling of those matters.
Currently, Mr. Francos is assisting Latin American clients with respect to U.S. DOJ criminal investigations, SEC whistleblower complaints and the recovery of assets from corruption. He is also coordinating the representation of a prominent Latin American family in multijurisdictional litigation related to a massive international fraud.
Recently, Mr. Francos successfully concluded a seven-year representation of a Latin American individual in parallel Foreign Corrupt Practices Act (“FCPA”) investigations by the SEC and DOJ related to one of the largest cases in the history of FCPA enforcement. He has provided advice to numerous individuals and corporations in this area through the years.
In the past, Mr. Francos headed the firm’s Buenos Aires office, spent six years with the largest law firm in Argentina, acted as the chief of staff to a head member of the Legislature of the City of Buenos Aires, and practiced as a foreign attorney with another prestigious U.S. law firm. He has been recognized by Who’s Who Legal as a Global Leader in the area of Investigations.
Professional Affiliations
- Colegio de Abogados de la Capital Federal (Buenos Aires Bar)
- International Bar Association — Co-Chair, Business Crime Committee
- New York State Bar Association
- Argentine Lawyers Association of New York (D.C. Chapter)
Experience
- White & Case LLP, Washington D.C., Foreign Associate
- Chief of Staff for Representative Martín Borrelli, City of Buenos Aires Legislature
- Marval, O'Farrell & Mairal, Buenos Aires, Associate
Representative Matters
- Advised a Latin American bank in a comprehensive review of its financial crimes compliance program required by a U.S. correspondent bank
- Advised a Latin American individual on issues relating to international arbitration and U.S. OFAC sanctions
- Advised a Latin American business conglomerate in the creation of its pre-IPO comprehensive anticorruption compliance program
- Represented Latin American clients in 28 U.S.C. § 1782 applications for discovery in aid of foreign litigation
- Represented a U.S. individual in a multimillion-dollar asset recovery case in Central America
- Represented a Latin American corporation in a breach-of-contract action related to a technology transfer agreement in a Delaware court
- Represented approximately three hundred Latin American investors against an important international financial company in an effort to recover funds diverted in relation to the Madoff fraud
- Advised one of the largest Latin American public banks in the recovery of funds from the Lehman Brothers liquidation
- Advised one of the most significant Latin American business conglomerates in a dispute with a hedge fund arising from the Madoff fraud
- Represented of one of the largest international airport operators in international arbitration
Publications & Events
- IBA Annual Conference Mexico City 2024
Cristián Francos co-moderates a panel on business crime crisis situations in a corporate environment at the International Bar Association's Annual Conference taking place in Mexico City on 15–20 September 2024.
Mexico City, September 17, 2024 - 7th Marval Summit on Compliance, Anti-Corruption, and Investigations
Cristián Francos will be speaking at the 7th Marval Summit on Compliance, Anti-Corruption, and Investigations. Together with renowned speakers and colleagues, he will share experiences on the challenges, developments, and trends in this practice area.
Buenos Aires, September 3, 2024 - 26th Annual Transnational Crime Conference
As part of the IBA's 26th Annual Transnational Crime Conference in Milan, Cristián Francos co-moderates a panel dissecting the intricate landscape of subsidies fraud in the aftermath of the Covid-19 pandemic.
Milan, May 9, 2024 - IBA Arbitration and Criminal Law Conference
Cristian Francos will moderate a panel at the inaugural IBA Arbitration and Criminal Law Conference.
São Paulo, Brazil, January 31, 2024 - IBA Annual Conference 2023
Cristián Francos moderated a panel exploring the growing trend to arbitrate disputes emerging from compliance investigations related to potential criminal conduct and will discuss the varying ways national courts review and accept any arbitral decisions in this area.
Paris, November 1, 2023 - 25th Annual Transnational Crime Conference
Partner Cristián Francos will co-chair a session on trends in global sanctions enforcement at the International Bar Association's 25th Annual Transnational Crime Conference.
Boston, MA, May 4, 2023 Cristián Francos discussed the operation of Money Service Businesses without a license, US government enforcement and prosecution, and the impact for local financial actors.
Le Biblo, Montevideo, Uruguay, April 13, 2023Cristián Francos is Senior Vice Chair of the IBA’s Business Crime Committee and will be co-chairing “The transfer of criminal liability in M&A” session on November 3rd.
Miami, November 3, 2022- Speaker, International Bar Association's 23rd Annual Transnational Crime ConferenceMadrid, Spain, November 2021
- Significant Expansion of Beneficial Ownership Disclosure Requirements in the United States
The U.S. Senate joined the House of Representatives and passed the 2021 National Defense Authorization Act, a defense spending bill, which included the Corporate Transparency Act (the “Act”). That Act sets forth an expansion for the disclosure requirements for certain US and non-US companies doing business in the United States.
December 14, 2020 The health effects of Covid-19 have created personal tragedies that seemed unimaginable a few short months ago. Despite the efforts of governments, the virus has shown that the world is inextricably interconnected. How we respond will dictate whether that interconnectedness is a positive or negative force as we try to recover from the economic crisis that has arisen in the wake of the pandemic. In Latin America, individuals and companies have either begun to see, or fear, the return of currency controls, defaults and chaos as the governments of the region confront historic challenges. Many have once again sought refuge in the perceived relative safety of the U.S. financial system. However, investors may find that their sudden search for a safe haven may bring on a series of unanticipated problems.
May 22, 2020There is a popular misconception that asset forfeiture is limited to the luxury cars, private jets and speedboats of drug dealers, but many well-meaning businesses and individuals are finding themselves with their assets seized under statutes that provide U.S. authorities extremely broad powers. And these seizures often occur without any warning to, or even accusation against, the owner of the assets. Once seized it can take years to obtain recovery of perfectly legal assets. In these uncertain times, as many well-meaning people seek the relative safety of the U.S. banking system, individuals and companies in many countries may innocently use money-transfer systems that exponentially increase the risk of having their assets seized. Why does this happen and how can it be avoided?
May 11, 2020In these tough times, when clients are looking to protect assets and increase revenue, it is more important than ever to ensure that their arbitral awards are collectible. A truly successful outcome requires the ability to enforce and monetize the award that was won in the arbitration. When faced with a recalcitrant award debtor, it is imperative to think strategically and work closely with counsel and experts to enforce and identify recoverable assets.
April 2, 2020- Lecturer, FCPA Principles
Cristián Francos lectured on FCPA principles at the University of Buenos Aires School of Law’s Masters program in Criminal Law, Corporate Criminal Liability and Compliance section.
University of Buenos Aires School of Law, September 3, 2019 Lewis Baach Kaufmann Middlemiss partner Cristián Francos spoke at ACI's Anti-Corruption Compliance for High Risk Markets conference on July 24, 2019 in Washington, D.C.
Washington, D.C., July 24, 2019Cristián Francos served as Organising Committee Head for the 22nd Transnational Crime Conference in Buenos Aires.
Buenos Aires, Argentina, May 15-17, 2019Many people outside of Argentina, as well as those within, have watched in wonder as the explosive investigation of the Cuadernos case evolves and touches upon more and more individuals and companies. Recent experience has taught us that investigations of this magnitude are never contained within a country’s borders and individuals and companies that have done, or are doing, business in Argentina must consider the civil and criminal ramifications of the growing corruption scandal regardless of their own culpability.
August 31, 2018The increasing global focus on corruption has led to stronger international cooperation and coordination among regulators, resulting in landmark enforcement actions in new jurisdictions. [...] This panel offered private and public sector prespectives on the latest enforcement trends, the key elements of the new anti-corruption laws, and what all this means for businesses and individuals involved in transnational corruption cases.
Krakow, Poland, May 16, 2018- November 2017
- Speaker: IBA Transnational Crime Conference in PanamaMay 2016
- February 25, 2015
- September 22, 2014
- March 2014
- May 16, 2013
- April 24, 2013
- April 9, 2013
- "Eli Lilly Settlement Reinforces the Need for Active Anti-Corruption Controls"January 2, 2013
- November 29, 2012
- November 22, 2012
- July 25, 2012
- "Supreme Court Action Reinforces the Difficulty in Piercing Sovereign Immunities"June 26, 2012
- "Regulators Turn Their Attention to FCPA Violations by Investment Advisers"May 23, 2012
- "U.S. Appeals Court Bolsters U.S. Discovery In Aid Of Foreign Proceedings"March 19, 2012
- "Petrobras Wins Immunity in U.S. Bond Case"March 14, 2012
- "Judge Griesa's Ruling in NML Capital: A U.S. Judge Wades Deep Into the Argentine Political System"April 2010
- "The El Paso Ruling and its Effect on the Use of §1782 in Private International Arbitration Proceedings"September 2009
- "Is Argentina the Next Hub of Money Laundering and What are the Consequences for International Business?"December 2008
- "What Can Madoff Investors do to Maximize the Recovery of Their Assets?"December 2008
- "Potential Implications of the Lehman Brothers Insolvency for Latin American Financial Institutions"
Authored by Eric L. Lewis, Manuel S. Varela and Cristían Francos.
October 2008 - "Insider Trading in Argentina: The Legal Framework, Enforcement, International Cooperation & Selected Case Studies"October 2008
- "The Availability of U.S. Discovery in Foreign Litigation: How Foreign Parties in Foreign Litigation can Obtain the Assistance of U.S. Courts"
Authored by Eric L. Lewis, Manuel S. Varela and Cristián Francos.
October 2007 - "The Expanding Reach of United States Law: Extraterritorial Enforcement and Compliance Obligations of International Business"
Presented by Eric L. Lewis, Manuel S. Varela & Cristián Francos.
August 2007
In the News
Global Investigations Review has ranked LBKM as one of the world’s leading firms for cross-border investigations.
November 15, 2024The Engel List was designed as a critical foreign policy tool to identify and target individuals believed to be involved in corruption and actions undermining democratic institutions in Central America. While the List serves an important role in identifying the individuals responsible for corrupt practices in Central America, like many U.S. “lists,” it presents significant challenges from a due process perspective.
October 2024Lewis Baach Kaufmann Middlemiss made its debut this year in Chambers’ annual Latin America Guide, ranking as a leading international firm in the Corporate Crime & Investigations practice area.
LBKM is the only boutique firm to be so ranked.
August 2024Cristián Francos was quoted in an article discussing the frameworks used in many Western countries to provide compensation to overseas victims of economic crime.
IBA Global Insight, July 23, 2024Who's Who Legal (WWL) has again recognized Cristián Francos as a global leader in the field of investigations. WWL highlights lawyers at the forefront of the investigations field, spanning white-collar crime, corporate compliance and regulatory enforcement.
April 2024LBKM filed an amicus brief in support of the Republic of Argentina with the United States Court of Appeals for the Second Circuit in Petersen v. Argentina and a related appeal. LBKM represented OFEPHI, an organization of ten Argentine provinces, arguing that the district court misconstrued Argentina's expropriation law, and that complex questions of Argentine law should be left to Argentine courts.
February 29, 2024Cristián Francos, partner at Lewis Baach Kaufmann Middlemiss and head of the firm’s Latin America practice, has again been recognized by Who's Who Legal as a global leader in the field of investigations.
April 2023The International Bar Association (IBA) has appointed partner Cristián Francos as Co-Chair of its Business Crime Committee for a two-year term.
February 28, 2023El Departamento de Justicia de los Estados Unidos colocó en el ojo público la actividad de transferencia de dólares sin licencia habilitante en los Estados Unidos. Las repercusiones para la industria financiera de Uruguay fueron tratadas por Cristián Francos y Jean-Jacques Bragard Cooper en el siguiente artículo publicado en el diario El Observador.
El Observador (Uruguay), November 15, 2022En una demanda por confiscación de fondos presentada ante una corte del Distrito Sur de Nueva York, los fiscales estadounidenses explicaron porqué el movimiento de esos dólares en su entrada y paso por el país norteamericano sería ilegal.
La Nacion, November 3, 2022According to U.S. authorities, the U.S.-based activities of “blue dollar peso exchangers” are illegal, and those exchangers that maintain U.S. bank accounts are subject to asset forfeiture and criminal prosecution. The recent U.S. forfeiture case brought by U.S. authorities in the U.S. District Court for the Southern District of New York against Partners Capital Investment (“PCI”) illustrates intense interest by U.S. authorities in the “blue dollar peso exchange,” and additional U.S. actions should be expected.
October 27, 2022Cristián Francos has again been recognized as a global leader in the field of investigations by Who’s Who Legal in its Investigations: 2022 guide.
May 31, 2022Arthur Middlemiss and Cristián Francos secured the return of all funds seized by the U.S. Department of Justice from U.S. accounts maintained by two broker-dealers based in Uruguay and New Zealand, respectively, both of which operated in Argentina.
April 18, 2022On December 9, 2021, the Biden administration published the first-ever United States Strategy on Countering Corruption. This Strategy sets forth a “whole-of-government” approach to combating corruption in the United States and around the world. Individuals and entities should expect an increase in sanctions and scrutiny of activities that present high corruption-related risk. As such, companies and individuals should immediately review current business activities to ensure that they understand their exposure to corruption-related risk and have in place commensurate controls to deter and detect potential problems. A proactive approach to corruption risk now will provide material future benefits if the expected increase in regulatory and law enforcement scrutiny results in a corruption-related inquiry.
December 10, 2021- Líder Legal, February 10, 2021
- Idealex Press, February 3, 2021
LBKM partner Cristián Francos has been appointed as Senior Vice Chair of the IBA’s Business Crime Committee.
January 26, 2021Cristián Francos been recognized as a Global Leader in Who’s Who Legal: Investigations 2021. Who’s Who Legal is one of the world’s leading directories of legal practitioners.
January 2021Mr. Truppel was sentenced in the U.S. District Court for the Southern District of New York to time served, with no supervisory probation or fine imposed, and was allowed to return to Argentina.
March 17, 2020Partner Cristián Francos was highlighted by Global Investigations Review as a lawyer of note and a member of Argentina's investigations bar.
August 23, 2019An amended complaint filed in Miami-Dade County alleges that Amicorp, an international trust services company, actively participated in a multi-million-dollar real estate fraud which victimized many Latin American families.
www.businesswire.com, July 3, 2019Partners Manuel Varela and Cristián Francos authored a paper on the Argentine Notebooks investigation which was quoted in Argentina’s La Nación.
La Nación, November 4, 2018Mr. Francos was quoted in the article saying, “If someone received a bribe, then someone had to have paid the bribe,” he said. “Companies should be well prepared [to be investigated].” He continued to say, many Argentinian companies that are contracted by the state do not have established policies in terms of compliance and integrity, and will likely rush to put together new compliance programmes. Francos said “this shock could be good” to improve standards quickly. “This [scenario] creates a problem for companies, but also an opportunity that will bring change to Argentina’s business culture,” he said.
Global Investigations Review, November 13, 2017En Lewis Baach Kaufmann Middlemiss asesoran a clientes internacionales en litigios también internacionales, investigaciones y compliance. "Nuestra práctica trasciende las fronteras de los Estados Unidos permanentemente. En mi caso, me dedico a asesorar clientes latinoamericanos respecto de sus necesidades legales en los Estados Unidos", dice Cristian Francos, socio de la firma y su cara en la Argentina.
El Cronista, June 7, 2017- La Nacion, May 29, 2017
- Financiamiento de Litigios
Manuel Varela and Cristián Francos were interviewed by AUNO legal magazine on Litigation Funding
Manuel Varela y Cristián Francos fueron entrevistados por la revista legal AUNO respecto del financiamiento de litigios
AUNO, February 2017 Mr. Francos is quoted in the article.
Inside Counsel, July 20, 2016Mr. Francos is a contributing author.
KYC360, April 4, 2016- A former Siemens executive became the first person to plead guilty to U.S. criminal charges of helping run a bribery campaign that moved tens of millions of dollars to Argentine officials in connection with a $1 billion national ID card project.
Mr. Francos is mentioned in the article.
Law360, September 30, 2015 - De a poco se abre espacio para la actividad jurídica en relación a la isla. Lewis Baach abre el juego con el recupero de fondos congelados.Auno Abogados, March 2015
AUNO Abogados magazine interview with Manuel Varela and Cristián Francos on Lewis Baach’s practice for clients in Argentina and the rest of Latin America.
AUNO, June 2014Ariel Neuman, Natalia Alonso and Alfredo Veronesi, reporters from AUNO Legal Magazine, interviewed Manuel Varela and Cristián Francos regarding the Lewis Baach PLLC Latin American practice and it's Buenos Aires office as well as the careers of Messrs. Varela and Francos.
April 29, 2014- AUNO, March 2013
- Juristas norteamericanos y chilenos analizaron avances en materia de regulación del lavado de dineroMarch 25, 2013
- AUNO, September 2012
- ABC Digital, March 16, 2012
- ABC Digital, March 16, 2012
- Perfil, January 11, 2009
- El Cronista, December 1, 2008
- El Cronista, December 1, 2008
- El Cronista, June 2, 2008
Practice Areas
Education
- Georgetown University Law Center (LL.M., with distinction, Dean’s list, 2015)
- American University (International Arbitration, 2006)
- Universidad Torcuato Di Tella (International Relations, 2003)
- Universidad de Buenos Aires (Juris Doctor, 2000)
Bar Admissions
- Buenos Aires
- New York
- District of Columbia
- U.S. District Courts for the Southern District of New York and the Eastern District of New York
- U.S. Court of Appeals for the Second Circuit