Today’s post mentions indicators your divorcing spouse could have hidden marital property. It also asks: will the Court exclude evidence showing your spouse hid marital property, if your private investigator illegally obtained this evidence?

A) Indicators Your Spouse May Be Hiding Marital Property

As soon as your high-net-worth spouse filed for divorce in New York, your spouse claims his / her businesses had fallen on hard times. Therefore, your spouse took large loans from offshore lenders. Then, your spouse failed to repay these loans and was in default. Consequently, your spouse alleges in your divorce a net worth of “0”. Meanwhile, these events only first happened when your spouse filed for divorce. As American sports legend Yogi Berra said: “That’s too coincidental to be coincidental”.

Furthermore, when your spouse filed for divorce, your spouse left New York with your spouse’s paramour, (“the paramour”). These two were now living in a $3 million home in California the paramour had supposedly purchased. However, you suspect the paramour was your spouse’s intermediary and that your spouse had actually purchased the California home.  Stated differently, you believe your spouse used the paramour as the nominee purchaser of the California home.  Like your spouse’s “0” net worth claim, your spouse’s suspected use of a nominee purchaser is an indicator your spouse could be hiding marital property / community property.

B) The Investigation Of Your Spouse

Since there are indicators your spouse is hiding marital property, you hire a private investigator licensed in New York. Your investigator will track your spouse’s assets and seek evidence showing your spouse owned the $3 million home rather than the paramour. Three months after you hired the private investigator, your investigator says the following:
Continue Reading Your Spouse Hid Marital Property & Your PI Obtains Evidence Illegally

There ain't that many smurfs in the world.

If you are trying to detect hidden money you should look for asset search red flags like “smurfing¹.” Smurfing is a form of structuring cash deposits into bank accounts. It is one of the ways to secretly place cash into a money laundering circuit. When a bank customer in the U.S. deposits or withdraws $10,000 or more in cash, the bank must file a Currency Transaction Report (“CTR”). The bank files CTRs with FinCen which is a financial intelligence unit. To prevent the bank from filing a CTR, a smurf would make several cash deposits under $10,000. By structuring the cash deposits this way, the smurf hopes to fly under the radar.

ALLEGED SMURFING IN USA v. BAHADORIFAR, ET. AL.

Count Five of the 7/13/21 superseding indictment in USA v. Bahadorifar, et. al., 21 Cr. 00430(RA), highlights an alleged smurfing scheme. The smurfing scheme was supposedly carried out by California resident and department store employee, Ms. Niloufar Bahadorifar. Page 34 ¶¶ 41-42 of the 7/13/21superseding indictment at Count Five says:

[B]etween at least approximately April 2019 and May 2021, BAHADORIFAR structured cash deposits totaling at least approximately $505,822 at a financial institution in individual deposits of less than $10,000 each.

Additionally, page 9 ¶ 12 of the 7/13/21 superseding indictment claims that since July 2020, Ms. Bahadorifar made about $472,000 in unexplained cash deposits into her bank account. This allegedly included 98 cash deposits totaling approximately  $444,000 that were each less than $10,000. Ms. Bahadorifar is also thought to have tried to secretly transfer money by using debit &/or credit cards.

THE SUSPECTED IRANIAN TERRORIST NETWORK

Meanwhile, an Iranian terrorist network, (“the Network”), may be the true beneficial owner of Ms. Bahadorifar’s alleged $472,000 in unexplained cash deposits. The Network is comprised of Iranian intelligence officers and/or their intelligence assets. It is reportedly tasked with kidnapping exiled Iranian dissidents for rendition to Iran. Once the kidnapped victims are back in Iran, they face imprisonment &/or execution. According to the 7/13/21 superseding indictment, the Network planned to kidnap Iranian journalist Masih Alinejad, who lives in exile in Brooklyn, NY.  The Network apparently set its sights on Ms. Alinejad because she is vocal about the Government of Iran’s human rights abuses.

MISUSE OF PRIVATE INVESTIGATORS

During the alleged scheme to kidnap Ms. Alinejad for rendition to Iran, the Network allegedly hired licensed private investigators to place Ms. Alinejad under surveillance in Brooklyn, N.Y. The Network through its intelligence officers &/or intelligence assets hired the private investigators under the pretext of recovering money Ms. Alinejad supposedly stolen &/or supposedly owed to a foreign creditor. The Network is thought to have even hired a Manhattan-based private investigator to place a vehicle with a hidden camera in front of Ms. Alinejad’s Brooklyn home. This could provide the Network with live video monitoring of the home.

THE DECISION TO INITIATE OR DECLINE PROSECUTION 

Even though the Network hired private investigators to surveil Ms. Alinejad, prosecutors declined prosecution of the private investigators.The prosecutors might have believed the Network duped the private investigators into surveilling Ms. Alinejad. Prosecutors similarly declined prosecution of Ms. Bahadorifar for a conspiracy to kidnap Ms. Alinejad.  Prosecutors declined this prosecution although Page 9 ¶ 12 of the 7/13/21 superseding indictment alleges Ms. Bahadorifar “caused a payment to a private investigator for surveillance of [Ms. Alinejad]…”Continue Reading Asset Search Red Flags, Smurfing, Private Investigators & A Kidnap Plot

As your adversary may hide money in multiple bank accounts, you may need to perform bank searches. For example, my December 21, 2020 post mentioned a scheme in which 150 checks worth $2 million were seemingly hidden at 12 bank accounts. At your bank searches you would seek your adversary’s customer information from banks. Therefore,

How does a divorcing spouse hide assets at trusts? The spouse hiding assets first forms a trust. Next, this spouse fraudulently transfers assets part of the marital estate, to the trust. The spouse hiding assets can also take money from the marital estate & use it to make purchases in the name of

As part of your asset searches, you or your lawyer may hire private investigators. These private investigators sometimes interview witnesses to find hidden assets. However, ethical rules apply to your lawyer when he/she employs private investigators for witness interviews. The applicable ethical rules can vary, depending on the state or jurisdiction a lawyer practices law

Private Investigator Searching For Assets

I)  WEBSITES THAT CAN HELP YOUR ASSET SEARCHES

This is my 12th post covering what private investigators can and can not legally do when conducting asset searches. One thing most private investigators do during asset searches is look for publicly available information a.k.a. Open Source Intelligence (“OSINT”). Websites that can help private investigators collect

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This 11th post in my “Private Investigators” series focuses on how private investigators may use data brokers to search for your assets & other personal information.

The August 5th Bloomberg article “This Company Has Built a Profile on Every American Adult,” brings up IDI,Inc. The article suggests that IDI has built a profile about you on its idiCore database. Private investigators, debt collectors, lawyers & government authorities might access this database to search for your assets & other personal information. The end of the article also says “IDI’s marketing databases may help PIs predict people’s moves or digitally peek into their cars or medicine cabinets.” IDI could be collecting your personal information through data mining. How can data brokers like IDI mine data? They may analyze your clickstream, as mentioned by my May 11, 2015 post:

Data Brokers Searching For Your Assets, Bank Accounts & Other Personal Information?

As the Federal Trade Commission, (“FTC”), video depicted above reveals, data brokers (a.k.a. “information brokers”) and some other private sector businesses sell your highly personal information. The video says for example, your location, interests, prescriptions and medical history may all be “shared or sold.” Pages 22, 24, 34 & Appendix B-5 of a May 2014 FTC report similarly indicate that data brokers can search for your financial information including: where and when you open a bank account; estimated household income; the assets you own; loan history; credit card use and tax return transcripts.


Continue Reading Private Investigators: An Asset Search Via Data Brokers Like IDI,Inc.

Detective Looking Through Magnifying Glass

This is the 10th post in my series about what private investigators can and cannot do legally when searching for assets. The post discusses “K.C.” who was defrauded out of at least $500,000.00 by Patricia Walker-Halstead, a private investigator “K.C.” hired to investigate a suspected stalker. The post discusses wire fraud & bribery—which are

7402945976_8ca11c5515_qThis is the 9th post in my series discussing private investigators.  It highlights former private investigators Elaine White & Cullen Johnson who were convicted of a money laundering conspiracy.  The conspiracy involved bogus asset searches Ms. White & Mr. Johnson apparently performed for their clients.  Mr. Johnson seemed to blame the bogus searches on

Photo Insider

This is my 21st post in the Divorce & Hidden Money series.  It is also the 8th post in my series describing what private investigators can and cannot do legally when searching for hidden assets.  My July 13th post mentioned private investigators & their clients using law enforcement databases and illegal pretext calls to