A divorcing spouse could conceivably hide the following types of assets offshore: bank accounts; business entities; trust funds; real estate; aircrafts & yachts; automobiles; fine art and other valuables. Leads which may help reveal the existence of these offshore assets might be elicited from a divorcing spouse’s: passport(s); frequent flyer mile program statements; tax filings; phone bills; etc.
This 19th post in the “Divorce & Hidden Money” series supplies 11 requests for production. The 11 requests seek disclosure of the above-mentioned kinds of documents. The 11 requests would be served with others, upon a divorcing spouse suspected of hiding marital assets offshore. This would happen during the discovery phase of the divorce. After the divorcing spouse, (referred to below as “Mr. X”), was served with these 11 requests, Mr. X would hopefully turn over his passport(s), frequent flyer miles statements and the additional documents—
- Mr. X’s passport(s) which we may possess for 60 minutes to photocopy and return to Mr. X.
- All of Mr. X’s telephone records, (including cell phone records), for the period of January 1, 2005 to date.
- Documents relating to airplane tickets for all of Mr. X’s flights during January 1, 2005 up to the present date.
- Frequent flyer mile program statements relating to Mr. X’s flights during January 1, 2005 up to the present date.
- Documents relating to hotels Mr. X stayed at anytime during the period of January 1, 2005 to the present.
- All Internal Revenue Service Forms 3520, (Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts), for years 2005 to the present, filed or executed by Mr. X or on his behalf.
- All Internal Revenue Service Forms 3520-A, (Annual Information Return of Foreign Trust With a U.S. Owner), for years 2005 to the present, executed or filed by or on behalf of Mr. X or any entity he beneficially owns.
- All Financial Crimes Enforcement Network (a.k.a. FinCEN) Form 114’s, Report of Foreign Bank and Financial Accounts (FBAR); or TDF 90-22.1 FBAR forms, executed or filed by or on behalf of Mr. X for years 2005 to the present.
- Documents relating to any foreign trusts Mr. X beneficially owned or formed or was employed by; was a grantor of; or was a beneficiary of; or was otherwise related to.
- Documents relating to Mr. X’s travel outside of the United States any time during January 1, 2005 to present.
- Documents relating to any business entity or person residing outside the United States with whom Mr. X, (or an entity he beneficially own[ed]), engaged in a business transaction, any time during the period January 1, 2005 to date.
Copyright 2015-2020 Fred L. Abrams