Investor Defense and Asset Recovery

Aníbal Falivene leads a legal practice focused on protecting investors and the capital committed to financial, commercial and corporate transactions. His work spans both the prevention and legal structuring of investments and representation in claims arising from losses, breaches, irregularities or fraudulent conduct.

Advises and represents individual investors, Argentine companies and foreign firms facing losses from failed investments, contractual breaches, misleading information or bad practices by intermediaries and managers.

The practice covers disputes involving:

• clearing and settlement agents (ALyC);
• financial advisers and producers;
• issuers of shares, bonds and negotiable obligations;
• investment funds and trusts;
• trading platforms;
• exchanges and crypto-asset service providers;
• managers of private investments and projects.

Every case begins with a review of contract documentation, asset movements, communications and fund traceability. From that analysis, firm and technically grounded strategies are designed to preserve rights and pursue asset recovery.

Before capital is committed, we review contracts, the legal structure of the transaction, the guarantees offered, exit mechanisms, the standing of the counterparties and potential conflicts of interest.

When the case requires it, the legal analysis is complemented by accountants, financial experts, compliance specialists and technical consultants.

The goal is to identify legal and asset risks before the investment is executed, or before a contingency becomes a definitive loss.

The firm advises on the legal organization of investments and commercial projects, including:

• incorporation and restructuring of companies;
• shareholder agreements and investment agreements;
• commercial and financial contracts;
• purchase and sale of shares and interests;
• guarantees and capital-protection mechanisms;
• structures for foreign investment in Argentina;
• coordination with foreign companies and advisers.

Documents are drafted to anticipate breaches, regulate exit mechanisms and protect the investor's legal position.

We advise on wealth protection, succession planning and structuring of personal, family and corporate assets.

When appropriate, the firm coordinates with accountants, notaries, tax advisers and professionals in other jurisdictions, especially where assets are located both in Argentina and abroad.

The firm assists foreign investors seeking to settle in, form companies, acquire assets or develop commercial projects in Argentina. Services may include:

• temporary residence by investment and other migration categories;
• corporate and contractual structuring;
• review of the origin and traceability of funds;
• regulatory and documentary compliance;
• coordination with consulates, notaries and sworn translators;
• assessment of residence or citizenship regimes tied to investment.

Any citizenship linked to significant investment is analyzed under the applicable regulation, its administrative practice and the judicial evolution of the regime.

Aníbal Falivene served for several years at the Ministry of Justice and Security of the City of Buenos Aires, in roles related to criminal information and statistics, community safety and criminal investigation.

He took part in the development of crime-analysis tools and the City's Crime Map, as well as in prevention, investigation and strategic-use-of-information policies.

This background offers a particularly relevant perspective for fraud analysis, reconstruction of operations, evidence review and strategy design in complex asset disputes.

• Retail investor defense
• Capital markets and crypto-assets
• Claims against intermediaries and investment platforms
• Wealth protection and asset recovery
• Contracts and commercial companies
• International investment
• Residence and citizenship tied to investment projects