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This is the 2nd post in my series about private investigators & what they can & cannot do legally when searching for assets.  It is also the 10th post in my Divorce & Hidden Money series.  The Huffington Post article “Uncovering Hidden Assets In Divorce Litigation” observes that information obtained by “surreptitious means” might be used by one divorcing spouse against the other.  Obtaining information through a surreptitious search can be critical to recovering assets in a broad range of criminal & civil cases.  Depending on the circumstances, surreptitious searches might involve wiretaps; bank searches; law enforcement databases; and physical surveillance.  These surreptitious means have however, sometimes been abused by private investigators, attorneys & others in the following ways:

WIRETAPS– As stated in testimony at a 1967 U.S. Senate hearing ‘private bugging in this country can be divided into two broad categories, commercial espionage and marital litigation.’ ¹  Former attorney Mary Nolan handled divorce & family law matters for nearly 30 years before pleading guilty to the wiretapping & tax fraud charges at counts 1-4 &/or 6 of her 2012 criminal indictment.  An amended judgment showed Ms. Nolan was sentenced to serve 24 months in prison, 3 years of supervised release, etc.  Ms. Nolan’s sentencing memorandum said her cases frequently involved allegations that husbands were hiding assets.  The prosecutor’s sentencing memorandum meanwhile, claimed Ms. Nolan had employed a private investigator “to install eavesdropping devices in cars used by her clients’ spouses for use in their divorce proceedings.”

BANK SEARCHES– Some private investigators try to surreptitiously search banks in the U.S. for accounts secretly opened by divorcing spouses, debtors, etc.  These investigators may claim they search through computer research; insiders; or information brokers.  Private investigators cannot ordinarily search banks legally because of privacy and other U.S. laws, as explained by the post available here.   The Court has also noted “it is more likely than not that the only way that information brokers can obtain private financial information from banks is through the use of deception and trickery, including impersonation of account holders.”  Commonwealth v. Source One Associates, Inc., No. CIV. A. 98-0507-H, 1999 WL 975120, at *6 (Mass. Super. Oct. 12, 1999) aff’d sub nom. Com. v. Source One Associates, Inc., 436 Mass. 118, 763 N.E.2d 42 (2002).
Continue Reading Private Investigators: A Surreptitious Search For Money Hidden In Divorce & Other Cases

This is the ninth post in the “Divorce & Hidden Money” series.  By failing to disclose any offshore assets, one divorcing spouse may cheat the other out of child support, alimony or other court awards.  A spouse cheated this way might however, file requests for judicial assistance, (a.k.a. requests for legal assistance, letters of request, or letters rogatory), in a foreign country to collect evidence from witnesses residing there.  

Evidence collected from the foreign witnesses may prove a divorcing spouse concealed bank accounts, businesses, real estate or additional assets offshore.  The post highlights a request for judicial assistance in the U.S. filed by Helga Glock, (“Ms. Glock”), former wife of billionaire Gaston Glock, (“Mr. Glock”), inventor of the Glock pistol.   It features a January 31, 2010 letter Mr. Glock allegedly wrote to his family discussing his plans for them.  The post also discusses accessing Swiss bank account information and updates Helga Glock Claims Gaston Glock Started Concealing His Assets, published January 1st.    

THE LETTER TO MR. GLOCK’S FAMILY

After her divorce from Mr. Glock in Austria on June 27, 2011, Ms. Glock made a  March 18, 2013 request for judicial assistance, (“the Request”),  in the case called In Re: Application of H.M.G., Index No. 13-cv-02598.  The Request included a January 31, 2010 letter, (“the Letter”), Mr. Glock allegedly wrote to his family.  If genuine, the Letter gives a glimpse of Mr. Glock’s dealings with Ms. Glock and their children who worked in the family’s gunmaking business.  The Letter mentioned “the Privatstiftung”, a trust/Austrian private foundation Mr. Glock, Ms. Glock and others reportedly set up as co-settlors.  Some of the key points Mr. Glock allegedly made at the Letter were:

  • “In 1999 I decided to restructure the Glock Group and secure it for all succeeding generations to come through the  Privatstiftung (trust).”

  • “I guarantee the agreed upon payments to the beneficiaries for a lifetime.  I therefore expect appreciation, compliance and acceptance and the respect I deserve as a father.”

  • “I am working on a ‘Glock code of conduct’ which will be implemented and will require all employees and family who access the benefits to adhere to.”

  • “I will not allow any interference with my life long business endeavors.  Therefore, all employed family members will withdraw from the company’s operations.”

(Click On The Image To Read The Letter & Its English Translation)

 


Continue Reading Divorce & Hidden Money: Helga Glock’s Search For Gaston Glock’s Assets

This is the second post in the “Divorce & Hidden Money” series:

A divorcing spouse may combine a number of elements in one scheme to hide marital assets.  Bearer shares can be one of these elements, as more fully set forth at my post Bearer Shares & An Asset Search.  Bearer shares…