If you are a divorcing spouse, judgment creditor or other litigant, how do you conclusively establish whether or not assets have been hidden from you? You can sometimes reasonably determine this by using legal tools to search for assets. In a pending litigation, these tools might include: depositions; subpoenas; interrogatories; production requests; etc.
Below is part of a production request in the hypothetical case of “JOHN DOE.” The production request seeks access to JOHN DOE’s passport; credit cards; phone records; etc. By analyzing this kind of material one might possibly detect secret offshore bank accounts or other hidden assets.
1. JOHN DOE’s original passport of which FRED L. ABRAMS, ESQ. (or his representative), may possess for a period of not more than 45 minutes to photocopy and return to JOHN DOE.
2. All paid and unpaid invoices from creditors arising from obligations incurred by JOHN DOE for the period January 1, 2011 to present.
3. All of JOHN DOE’s telephone records, (including cell phone records), for the period of January 1, 2011 to date.
4. Receipts and copies of airplane tickets for all air flights JOHN DOE traveled, during January 1, 2011 up to the present date.
5. All frequent flyer miles statements relating to any air flights JOHN DOE traveled, during January 1, 2011 up to the present date.
6. Receipts or documents relating to all hotel accommodations JOHN DOE paid for or hotels JOHN DOE stayed at anytime during the period of January 1, 2011 to the present.
7. All records and documents relating to any transaction entered into on or after January 1, 2011 in which JOHN DOE presently has or will have a financial interest or from which JOHN DOE has received or will receive compensation of any nature.
8. All documents related to any transaction since January 1, 2011, entered into by another person or entity for the benefit in whole or in part, of JOHN DOE.
9. All documents showing the amount, purpose or source of all payments over $5,000.00 made since January 1, 2011, to, by or for the benefit of JOHN DOE.
10. Copies of all of JOHN DOE’s current and previous wills and other estate planning documents.
11. All Internal Revenue Service Forms 3520, (Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts), for years 2011 to the present, filed or executed by JOHN DOE or on his behalf.
12. All Internal Revenue Service Forms 3520-A, (Annual Information Return of Foreign Trust With a U.S. Owner), for years 2010 to the present, executed or filed by or on behalf of JOHN DOE or any entity he beneficially owns.
13. All Financial Crimes Enforcement Network (a.k.a. FinCEN) Forms 114, Report of Foreign Bank and Financial Accounts (FBAR) or TD F 90-22.1 FBAR forms, executed or filed by or on behalf of JOHN DOE for years 2011 to the present.
14. All documents related to any loans that JOHN DOE or any entity he beneficially owns, has obtained from any person or entity since January 1, 2011 and a listing of all such loans.
15. A listing of all trips JOHN DOE took outside of the State of New York any time during January 1, 2011 to present.
16. A list of all persons residing outside the State of New York with whom JOHN DOE, (or an entity he beneficially owned), engaged in a business transaction, any time during the period January 1, 2011 to date.
17. A list of all persons residing outside the State of New York who have been to JOHN DOE’s place of residence or whose residence JOHN DOE has been to, any time since January 1, 2011.
18. A list of all persons residing outside the United States with whom JOHN DOE has communicated at anytime since January 1, 2011.
19. A list of any foreign or domestic trust(s) JOHN DOE beneficially owned or formed or was employed by; was a grantor of; or was a beneficiary of; or was otherwise related to.
20. All insurance policies covering nonbusiness & business assets of JOHN DOE from January 1, 2011 to present, including but not limited to, homeowners insurance policies, automobile insurance policies and personal umbrella policies.
21. All records relating to gifts, including but not limited to any gift tax returns, made by JOHN DOE.
22. All bank statements, canceled checks, check registers, billing statements, receipts or other documents relating to financial accounts or credit cards or debit cards which JOHN DOE beneficially owned or had signature authority over anytime during January 1, 2011 to the present.
23. All bank statements, canceled checks, check registers, billing statements, receipts or other documents for years January 1, 2011 to date, which relate to financial accounts or credit cards or debit cards possessed by a business entity JOHN DOE beneficially owned or had signature authority over.
24. All documents relating to monies or other assets which JOHN DOE beneficially owned any time during January 1, 2011 to the present. This request includes without limitation all documents relating to the transfer of said monies or assets to any transferee.
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Copyright 2016 Fred L. Abrams