It is no surprise that foreign trusts can easily be used as elements to fraudulently protect or conceal beneficially owned assets. In some jurisdictions a trust may however, be considered void if the trust was “self-settled” (i.e. the grantor and beneficiary were found to be one and the same). Trust veils might also be pierced… Continue Reading
Category Archives: Divorce & Child Support
Subscribe to Divorce & Child Support RSS FeedRevisiting A Lawsuit Against Two Private Investigators
Posted in Asset Search/Fraud Investigation, Divorce & Child Support, Financial Institutions, Privacy LawsLawsuit Claims PI’s Could Have Illegally Accessed Bank Info, explained that plaintiff Victoria Florea had filed two lawsuits against private investigators Nicole Bocra and Terry L. Gilbeau, president of Checkmate Investigative Services, Inc. The first of these lawsuits was voluntarily discontinued by plaintiff Florea and her lawsuit filed October 17, 2011, then took its place…. Continue Reading
Asset Search News Roundup: January 8, 2012
Posted in Asset Search News, Divorce & Child Support, Financial Institutions, Money Laundering, Tax FraudThe Financial Action Task Force’s frequently asked questions webpage, states “Large-scale money laundering schemes invariably contain cross-border elements.” Large-scale money launderers are not the only ones who hide assets by utilizing cross-border or offshore elements. Divorcing spouses, judgment debtors and anyone else, may conceal valuable assets by combining offshore elements with additional ones. These elements… Continue Reading
An Asset Search Via Whistleblowers & Other Tipsters
Posted in Asset Search/Fraud Investigation, Divorce & Child Support, Money Laundering, Securities Fraud, Tax Fraud“Human Intelligence & The SEC’s Whistleblower Program” examines the government’s handling of tips in its search for assets concealed by securities fraudsters. The IRS Whistleblower Program too seeks tips from informants who help the IRS detect assets concealed in tax frauds. Besides these whistleblower programs, tips can often be generated in a variety of ways. … Continue Reading
Collecting Evidence In An Offshore Asset Search
Posted in Asset Search/Fraud Investigation, Bankruptcy, Divorce & Child Support, Swiss BanksThe pretrial discovery phase of a divorce, bankruptcy or other legal matter is often the best chance one has to collect evidence of any assets hidden offshore. The attached letter rogatory* submitted to the Swiss court, was included in one divorcing wife’s pretrial effort to gather such evidence. At the time of pretrial discovery in… Continue Reading
Lawsuit Claims PI’s Could Have Illegally Accessed Bank Info
Posted in Asset Search/Fraud Investigation, Divorce & Child Support, Financial Institutions, Privacy LawsOn January 12, 2011, my local counsel commenced a civil lawsuit in Puerto Rico against two private investigators. One of the defendants in the January 12th lawsuit* was Mr. Terry L. Gilbeau of Rocklin, California. Mr. Gilbeau is a newly admitted attorney, a Certified Fraud Examiner and president of the Checkmate Investigative Services Inc. private… Continue Reading
Divorce Settlements As Asset Protection Tools?
Posted in Asset Forfeiture, Divorce & Child Support"Using Divorce To Dissipate Assets & Delay Creditors" described allegations from 2008, that ex-Tyco chief executive Dennis Kozlowski might have fraudulently conveyed assets via an excessive divorce settlement. Stated differently, the ex-Tyco chief was thought to have possibly used his divorce settlement as an asset protection tool. An August 10th civil complaint filed in federal… Continue Reading
Asset Search News Roundup: August 18, 2011
Posted in Asset Search News, Bankruptcy, Divorce & Child Support, Money LaunderingToday’s “Asset Search News Roundup” deals with the beneficial ownership of assets. Although it was published as early as October 14, 2007, “Asset Search Indicia For Divorce, Debt Collection & Bankruptcy” is still relevant today. This is true because it reveals how beneficial owners sometimes conceal assets by using tools ranging from sham trusts to… Continue Reading
Searching For Bank Accounts Secretly Opened In Switzerland
Posted in Asset Search/Fraud Investigation, Divorce & Child Support, Financial Institutions, Swiss Banks, Tax FraudAn IRS webpage identifies U.S. residents accused of engaging UBS AG to maintain secretly opened Swiss or other foreign bank accounts: (Click On The Image To View The Webpage)* One person cited by this webpage is Ms. Lucille Abrahamsen Jackson, of Hillside New Jersey. She reportedly concealed assets in a Swiss bank account by using… Continue Reading
Turning To Financial Investigators During Asset Recoveries
Posted in Asset Search/Fraud Investigation, Divorce & Child Support, Financial Institutions, Swiss Banks, Tax Fraud, Using Financial Investigators"An Asset Search In Geneva" outlines the typical legal remedies for recovering assets secreted at banks in Switzerland. The legal remedies range from civil proceedings brought to attach bank accounts to employing criminal law tools. These remedies are not just limited to Switzerland as they are often available in many countries around the world. Besides… Continue Reading
Following The Money Trails From Marital Assets To Nazi-Looted Art
Posted in Asset Search/Fraud Investigation, Bankruptcy, Divorce & Child Support, Holocaust-Era Assets, Money Laundering, Tax FraudNazi-looted art, bankruptcy estate assets, marital assets and almost anything else can conceivably be secretly transferred by common methods. Just a few of the common methods include the use of intermediaries (i.e. nominees), forgeries, portable valuable commodities and multiple jurisdictions to fraudulently transfer or hide assets. By studying these kinds of methods, the continuing legal education… Continue Reading
Mr. Hecker’s 10 Year Sentence For Hiding Assets & Fraud
Posted in Asset Search/Fraud Investigation, Bankruptcy, Divorce & Child Support, White-Collar Crime GenerallyAccording to his wife’s September 28, 2009 affidavit, Dennis Hecker had stopped financially supporting her and was hiding assets. Dennis Hecker’s wife therefore asked Judge Jay M. Quam of Hennepin County Minnesota, to impute income to Mr. Hecker and to issue an interim order of spousal maintenance and child support. As more fully set forth… Continue Reading
Seeking Swiss Bank Records At The Time Of A Divorce
Posted in Asset Search/Fraud Investigation, Divorce & Child Support, Financial Institutions, Swiss BanksAsset protection can be as basic as forming shell companies in order to secretly maintain monies in Swiss bank accounts. One divorcing husband who carried out this sort of scheme is described at "An Asset Search In Switzerland". This divorcing husband had used a nominee, (i.e. an intermediary), to establish shell companies and then instructed… Continue Reading
Piercing The Bank Secrecy Veil During A Marital Asset Search
Posted in Asset Search/Fraud Investigation, Divorce & Child Support, Financial Institutions, Privacy Laws, Swiss Banks"Illegally Accessing Customer Information At U.S. Banks" characterized the Gramm-Leach-Bliley Act as a U.S. bank secrecy law. On the one hand, it and other bank secrecy laws around the world protect the privacy of bank customers entrusting financial information to banks. On the other hand, bank customers can easily abuse these laws during a fraudulent… Continue Reading
Asset Search News Roundup: September 26, 2010
Posted in Asset Forfeiture, Asset Search News, Divorce & Child Support, Drug-Related Assets, Money Laundering, Tax FraudDetecting crimes during a marital asset search and Mexico’s ubiquitous drug cartel violence, are examined by the September 26th "Asset Search News Roundup". Any crimes committed by a divorcing spouse hiding assets would conceivably be detected during a marital asset search. As the following articles reveal, a divorcing spouse hiding assets might possibly face a… Continue Reading
Asset Search News Roundup: August 22, 2010
Posted in Asset Search News, Divorce & Child Support, Financial Institutions, Tax FraudA Van Gogh goes missing; articles about asset recovery basics; and Barclay’s Bank: Egyptian authorities are trying to recover a Van Gogh that went missing on Saturday after it was stolen from the Mohamed Mahmoud Khalil Museum. The museum houses a fine art collection worth at least $1.2 billion and the the Van Gogh’s theft… Continue Reading
Eliciting Financial Evidence Across International Borders
Posted in Asset Search/Fraud Investigation, Divorce & Child Support, Identity Theft, Money Laundering, Swiss Banks“Using Foreign Computer Evidence Against An Accused Hacker” explained that U.S. prosecutors accessed a Latvian computer server and other foreign computer evidence, where an identity thief was accused of storing stolen U.S. credit card information across international borders. “Money Laundering, Marital Assets & Divorce” outlined the different fact pattern of a U.S. divorcing spouse who… Continue Reading
A Primer For Gathering Financial Intelligence
Posted in Asset Search/Fraud Investigation, Assets & Financial Intelligence, Divorce & Child Support, Financial Institutions, Securities Fraud, Swiss BanksA successful asset search often requires gathering financial intelligence. One financial investigator sought financial intelligence by doing “trash pulls”. This investigator did trash pulls at an attorney’s home to elicit intelligence about the attorney’s client. During one of these trash pulls, an envelope bearing the name of a climate-controlled art storage facility was discovered. This… Continue Reading
Illegally Accessing Customer Information At U.S. Banks
Posted in Asset Search/Fraud Investigation, Divorce & Child Support, Financial Institutions, Identity Theft, Illegal Asset Searches, Privacy LawsBank secrecy laws enable bank customers to entrust their confidential financial information to banks across the globe, as the OECD explains at page 19, ¶ 29 of “Improving Access To Bank Information For Tax Purposes“. By obligating banks to protect a bank customer’s confidential information, the Gramm-Leach-Bliley Act at 15 U.S.C. § 6801 (b) provides bank… Continue Reading
Asset Search News Roundup: January 9, 2010
Posted in Asset Search News, Bankruptcy, Divorce & Child Support, Securities FraudThe January 9th "Asset Search News Roundup" provides an update on a couple of matters from Minnesota: Both "Money Laundering By Minneapolis Managers?" and "Associated Bank Sued For Supposedly Ignoring Red Flags" described pending civil complaints against suspected securities fraudsters Trevor Cook, Patrick Kiley and their companies. Another complaint filed against them was commenced on… Continue Reading
Alleging Money Laundering In Private Sector Lawsuits
Posted in Asset Forfeiture, Asset Search/Fraud Investigation, Divorce & Child Support, Money LaunderingBy claiming that proceeds of a judicial bribery scheme had been laundered from Italy into nineteen U.S. bank accounts, prosecutors sought asset forfeiture as described at "Using Multiple Jurisdictions To Launder Money". That forfeiture case was mostly based on U.S. anti-money laundering laws which included 18 U.S.C. §1956 (Money Laundering) and 18 U.S.C. §1957 (Money… Continue Reading
Has Auto Magnate Dennis Hecker Hidden His Assets?
Posted in Asset Search/Fraud Investigation, Bankruptcy, Divorce & Child SupportAs a high-profile Twin Cities auto magnate, Mr. Hecker had been one of Minnesota’s largest car dealers. During April 2008, he sought a divorce from his wife of about fifteen years in Hennepin County Family Court, Case No. 27-FA-08-2731. Mr. and Mrs. Hecker however, stipulated to dismiss said divorce case during October 2008. At that… Continue Reading
Recovering Marital Assets Through A Domestic Court
Posted in Asset Search/Fraud Investigation, Divorce & Child SupportBefore leaving New York, the divorcing husband referred to in Skiff-Murray v. Murray, 2005 slip op. 02911(N.Y. App. Div. 3d Dept, June 22, 2005); 17 A.D.3d 807; 793 N.Y.S.2d 243 had fraudulently conveyed his business and former marital residence to his newly created Nevada corporation which was possibly a shell company. Violating a restraining order,… Continue Reading
Violating Federal Law In An Asset Search
Posted in Asset Search/Fraud Investigation, Divorce & Child Support, Financial Institutions, Privacy Laws, White-Collar Crime GenerallyToday’s article is based on an ongoing investigation, the facts of which are changed below for privacy reasons: Ralph claimed in his New Jersey divorce that he had a low net worth, although he was a medical doctor who once had a thriving private practice. Ralph’s claim made his divorcing wife Nancy believe that… Continue Reading