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Category Archives: Marital Asset

When A Divorcing Spouse Hides Assets, How Do You Find The Red Flags?

12 Tuesday May 2015

Posted by Celia C. Elwell, RP in Family Law, Hidden Assets, Marital Asset

≈ Comments Off on When A Divorcing Spouse Hides Assets, How Do You Find The Red Flags?

Tags

Asset Search Blog, Divorce, Fred Abrams, Hidden Assets

Divorce & Hidden Money: Searching For Assets By Recognizing Red Flags, by Fred Abrams, Asset Search Blog

http://www.assetsearchblog.com/2015/04/20/divorce-hidden-money-searching-for-assets-by-recognizing-red-flags/

If a divorcing spouse hides marital assets there usually are red flags. Red flags are also often found when assets have been hidden by tax fraudsters, Ponzi schemers, bankruptcy debtors, money launderers & narco-traffickers. This 16th post in the ‘Divorce & Hidden Money ‘ series examines the red flags.

Red flags indicating assets might have been hidden are listed at my post ‘Locating Hidden Assets By Spotting The Red Flags.’ The list describes 18 red flags including the use of: multiple jurisdictions, sham trusts, bulk-cash smuggling, etc. In addition to the 18 on the list, below are 6 more red flags of asset concealment. The 6 red flags or money laundering indicators were published by the Egmont Group, an international organization which fights money laundering and terrorist financing.¹   Even though some of them discuss criminals or laundering, the 6 red flags might be used to help locate assets hidden by a divorcing spouse ….

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Identifying, Then Immobilizing, Stolen Assets.

31 Friday Oct 2014

Posted by Celia C. Elwell, RP in Bankruptcy Law, Child Support, Criminal Law, Divorce, Family Law, Finance and Banking Law, Hidden Assets, Marital Asset

≈ 2 Comments

Tags

Asset Search, Asset Search Blog, Child Support, Divorce, Finance, Fraud, Fred Abrams, Money Laundering

Recovering Assets By Identifying & Immobilizing Them, by Fred Abrams, Asset Search Blog

http://tinyurl.com/pmmjgke

Identifying and immobilizing assets in a timely fashion can be paramount to asset recovery cases ranging from an ultra-high net worth divorce to a forced collection proceeding against a debtor.

The abstract about ‘Suspending Suspicious Transactions’¹ similarly mentions the ‘timely identification and immobilization’ of  assets.  The abstract discusses this with regard to money laundering and terrorist financing:

‘Seizure and confiscation of proceeds of crime, and funds intended to finance terrorism, are key objectives of the global initiative to combat money laundering and terrorism financing. The timely identification and immobilization of such funds are critical to permit the action necessary to prevent the flight of illicit assets beyond the reach of national law enforcement and prosecutorial authorities.’

Suspending Suspicious Transactions was published during July 2013 by the World Bank.  It examines the role Financial Intelligence Units, (‘FIUs’), can have in freezing assets and/or postponing financial transactions at banks.

Suspending Suspicious Transactions also supplies fact patterns showing how FIUs work under anti-money laundering/countering financing of  terrorism, (‘AML/CFT”), laws. . . .

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Four More Ways Soon-To-Be-Divorced Spouses May Use To Conceal Assets.

04 Friday Jul 2014

Posted by Celia C. Elwell, RP in Family Law, Marital Asset

≈ Comments Off on Four More Ways Soon-To-Be-Divorced Spouses May Use To Conceal Assets.

Tags

Asset Search Blog, Divorce and HIdden Money, Financial Institutions, Fred Abrams, Hidden Assets, Marital Assets, Money Laundering, Tax Fraud

Divorce & Hidden Money: Four Methods Spouses Sometimes Use To Conceal Assets, by Fred Abrams, Asset Search Blog

http://tinyurl.com/lf8cndm

This is the eighth post in the ‘Divorce & Hidden Money’ series.  Like ‘Four Asset Concealment Tools’ and ‘Four Ways Assets Can Be Secretly Transferred,’ the post reveals methods a spouse may use to hide marital assets and keep more than his/her fair share of the marital estate. . . .

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Are Patent Rights A Marital Asset?

10 Saturday May 2014

Posted by Celia C. Elwell, RP in Divorce, Family Law, Intellectual Property, Marital Asset, Patent Law

≈ Comments Off on Are Patent Rights A Marital Asset?

Tags

Dennis Crouch, Divorce, Family Law, Infringement, Intellectual Property, Marital Asset, Patent, Patently-O Blog

Patent Rights are a Marital Asset and Non-Inventing Spouse is a Co-Owner, by Dennis Crouch, Patently-O Blog

http://bit.ly/1mce19e

James Taylor v Taylor Made Plastics (Fed. Cir. 2014)

I should note here that this case is neither about the musician or the golf club company. Rather, it is about the now fractured Taylor family and their patented pipe plugs. I discussed the district court decision earlier here.

Several years ago James T. invented storm drain equipment and obtained a patent in his name only. U.S. Patent No. 5,806,566. When he and his wife Mary T. later divorced, the divorce court ordered “equitable distribution of marital property” with Mary T. receiving 60% of proceeds from the patent and James T. receiving 40%. The divorce court seemingly only dealt with equitable title in the form of rights-to-proceeds and not with legal title to the patent itself. And, in particular, the divorce court did not identify who held the exclusive rights associated with the patent. . . .

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