If you claim in court that someone is hiding assets from you, you may need to use one or more of the asset search & asset recovery tools. You can use the tools to help you shoulder the burden of proving your claim. Stated otherwise, you can use the tools to provide the Court with admissible evidence demonstrating the hidden assets exist. For example, a private investigator or tipster may allege your adversary hid assets from you at a secret offshore bank account.
You would want the Court to consider your adversary’s alleged secret bank account. Therefore, you would have to collect banking documents from the offshore bank witness and then present them to the Court. The banking documents you collect must be authenticated and would consist of the: monthly bank account statements; bank signature cards; account opening documents; etc.
Furthermore, you would likely employ a letter rogatory to gather authenticated copies of these documents from the offshore bank. Besides letters rogatory, there are a wide variety of asset search and asset recovery tools. In your particular case, you may also need to use one or a combination of the following asset search & asset recovery tools:
- applying for court orders freezing or blocking domestic or foreign bank accounts;
- attaching real property & restraining other assets;
- bringing asset turnover proceedings against intermediaries/strawpersons hiding assets;
- filing lawsuits to recover assets fraudulently transferred to trusts; shell companies; & to others;
- issuing subpoenas to & deposing witnesses in the U.S.;
- domesticating out-of-state subpoenas & domesticating foreign judgments;
- & seeking rewards as a tipster for the IRS or SEC Whistleblower Programs.
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Copyright 2020 Fred L. Abrams