Fernando L. Tamayo

Fernando Tamayo defends companies and individuals in government investigations, white collar criminal defense matters and complex commercial litigation.

Clients rely on his guidance in navigating matters with the United States Department of Justice (“DOJ”), Office of Foreign Assets Control (“OFAC”), Securities and Exchange Commission (“SEC”), Interpol and other government agencies, and in complex commercial disputes.

Known for his extensive knowledge of international business markets and his skills in complex international white-collar defense, anti-corruption/anti-bribery compliance and guidance, and government-facing litigation, Fernando has advised clients in cross-border disputes, investigations and anti-corruption compliance matters. He also helps clients navigate risks associated with foreign government procurement work and compliance with federal data privacy regulations. Fernando is distinguished as being one of the few in his field with a similar depth of experience across Asia, Europe, Latin America and the United States.

Helping clients protect themselves when engaging in government-facing international business, Fernando takes a measured approach to resolving complicated government investigations or allegations such as bribery, fraud or money laundering. He also helps clients assess corruption and bribery risks related to their industry, geographical area and size. Representing clients facing criminal charges, OFAC sanctions, Interpol red notices and a variety of commercial business disputes, Fernando is widely recognized as a tireless advocate with impeccable bedside manners.

As an officer of the International Bar Association’s Business Crime Committee, Fernando collaborates with lawyers worldwide to develop and organize international law conferences on trending global legal issues. He has also served as an adjunct professor at the University of Miami School of Law, where he teaches International Anti-Corruption Law and Practice, and has appeared multiple times as a legal analyst on CNN Español. 

Experience

• Represented an international oil and gas client in a potential bribery scheme raised by investigators hired by a third-party investor. With the investment extremely important and valuable for the client, the matter was resolved favorably for all parties and the transaction was achieved.
• Guided a U.S.-based international distributor through a complicated investigation regarding a bribery scheme related to payments made to a South American national oil and gas company. Convinced the DOJ no charges should be brought against the international distributor because the payments made were a result of extortion by the national oil and gas company.
• Has successfully represented former foreign government officials and U.S. and foreign prominent businesspersons in Federal money laundering, wire fraud, and corruption cases brought by the U.S. Government.
• Obtained a clearance from OFAC and a license on behalf of a foreign professional sports league and several of its teams, which had been sanctioned by OFAC due to partial state-owned ownership of the league and teams. Despite the challenges posed by political sensitivities and time constraints, the client achieved their goals in time to contract with U.S.-based professional athletes and coaches, allowing the teams and league to save their season.
• Represented several clients in high-stakes Interpol Red Notice removals, which are international fugitive notices that prevent individuals from traveling abroad. In these cases, a successful argument has been made to Interpol that the red notices were either politically motivated or issued prematurely by the requesting country. These results not only serve to liberate the clients but also support their business activities and their ability to contest charges from the requesting countries.