A person residing out of the U.S. may hide assets in the U.S. because he/she is being sued for divorce outside of the U.S. or because of other lawsuits outside of the U.S. This person could hide assets by secretly: purchasing real estate in the U.S.; opening bank accounts in the U.S.; titling property in the names of shell companies formed in the U.S.; etc. How can you search for assets which are hidden in the U.S.? If the hidden assets are connected to a lawsuit outside the U.S., (& you are an interested person in this lawsuit), you might subpoena witnesses in the U.S.

You would try to collect evidence about the hidden assets by issuing subpoenas to witnesses who know about the assets. These witnesses can be: banks;  gatekeepers like lawyers & accountants; businesses which establish shell companies (i.e. nominee incorporation services); relatives of the person hiding assets; etc. You may apply for subpoenas pursuant to 28 U.S.C. §1782 in the U.S. District Court which possesses personal jurisdiction over the witnesses; and as set forth at Fed.R.Civ.P. 45. At your application filed in the U.S. District Court, you would also show you need to subpoena the witnesses because of your lawsuit outside the U.S.

In the Ex-Parte Application of June Wu, Ms. Wu a Taiwanese national, sought permission from the U.S. District Court in Delaware to issue subpoenas under 28 U.S.C. §1782. Ms. Wu apparently deposited $3 million into a bank account in Taiwan for a prospective investment in the Delaware company Tagboard, Inc.  Ms. Wu’s $3 million was then allegedly embezzled out of Taiwan & supposedly transferred to Tagboard, Inc’s bank account in the U.S. At its 9/13/17 Order, the U.S. District Court authorized Ms. Wu’s attorney to serve subpoenas about the $3 million.  The Order permits Ms. Wu’s attorney to elicit evidence by using subpoenas including this one:

(Click On The Image To View The Complete Subpoena)

Image of Map: Thitirat J13/Shutterstock.com