Tag Archives: Divorce

Ex-Wife Cross-Examines Former Husband – No Squabbling!

20 Saturday Jun 2015

Posted by in Cross-Examination, Divorce, Family Law, Trial Tips and Techniques

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Biglaw Divorce Gets Nasty As Ex-Wife Cross-Examines Former Husband, by Joe Patrice, Above The Law

http://abovethelaw.com/2015/06/biglaw-divorce-gets-nasty-as-ex-wife-cross-examines-former-husband/

It’s hard to imagine a scenario where this was a good idea.

Hydee Feldstein, a retired Sullivan & Cromwell partner, decided to cross-examine her ex-husband Peter Gregora, a former tax litigator at Irell & Manilla, in their contentious divorce case — a case where Feldstein alleges Gregory stole nearly $20 million from her. They say a lawyer representing herself has a fool for a client. Well, Feldstein has outside counsel — indeed counsel from two firms, Miller & Ayala LLP and the Rudd Law Firm — yet it was Feldstein who cross-examined her ex in open court. After reading the resulting train wreck, perhaps there are fools on all sides of Feldstein’s defense. . . .

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

12 Tuesday May 2015

Posted by in Family Law, Hidden Assets, Marital Asset

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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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What Can You Do When The Divorcing Spouse Hides Marital Assets In A Trust?

24 Tuesday Mar 2015

Posted by in Discovery, Family Law, Hidden Assets, Interrogatories, Requests for Production, Trusts

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Divorce & Hidden Money: Collecting Evidence About Assets Concealed By A Trust, by Fred Abrams, Asset Search Blog

http://tinyurl.com/pnb78wc

Mroy post ‘Four Asset Concealment Tools‘ says that assets can be hidden by fraudulently transferring them to a trust. This 15th post in the ’Divorce & Hidden Money’ series concentrates on the evidence a divorcing spouse might try to collect if marital assets are concealed by a trust.

A spouse can use the pretrial discovery phase of a divorce to gather evidence about any marital assets concealed by a trust. Based on this evidence, the divorcing spouse may be able to credibly argue that assets at the trust are marital property subject to distribution by the Court. A divorcing spouse might also claim the trust was void if the trust was ‘self-settled‘ (i.e. the grantor and beneficiary were found to be one and the same). Under certain circumstances a divorcing spouse can additionally assert the trust veil should be pierced because the trust wrongly concealed assets &/or facilitated fraudulent transfers. See Babitt v. Vebeliunas (In re Vebeliunas), 332 F.3d 85, 91 (2d Cir. 2003) (discussing New York cases where right to pierce trust veil was preserved). . . .

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Identifying, Then Immobilizing, Stolen Assets.

31 Friday Oct 2014

Posted by in Bankruptcy Law, Child Support, Criminal Law, Divorce, Family Law, Finance and Banking Law, Hidden Assets, Marital Asset

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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. . . .

Alimony Reform in New Jersey.

21 Sunday Sep 2014

Posted by in Family Law

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New Jersey Alimony Reform Is Here – What Does It All Mean? by Robert A. Epstein, NJ Family Legal Blog

http://tinyurl.com/mnofc5l

Change is finally here – On September 10, 2014, Governor Chris Christie signed into law substantial and significant amendments to New Jersey’s alimony law.  The law took immediate effect on that date.  I previously blogged about the now effective changes after the legislature passed the bill during the Summer, and we have prepared an Alert on the final bill that you can read here. . . .

If You Can Stop Your Divorce Client From Doing This, You Get A Prize.

18 Monday Aug 2014

Posted by in Child Abuse, Divorce, Family Law, Parental Rights

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Top Ten Ways To Destroy A Child In A Divorce Or Custody Case, by Judge Larry Primeaux, The Better Chancery Practice Blog

http://chancery12.wordpress.com/2011/04/20/top-ten-ways-to-destroy-a-child-in-a-divorce-or-custody-case/

 If you have spent any time at all in family law, then you know too well how destructive divorce can be. The court may admonish the parties against involving their children. The parties’ attorneys may give them the same advice. Why is it so unusual for a parent to resist using the child to hurt the soon-to-be ex-spouse?  Judge Primeaux lists ten ways parents or others often hurt children in various ways during a divorce and urges lawyers to influence their clients to avoid this abusive and damaging behavior. -CCE

Divorce Asset Concealment Tools.

14 Saturday Jun 2014

Posted by in Divorce, Family Law, Hidden Assets

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Divorce & Hidden Money: Four Asset Concealment Tools, published by Fred Abrams, Asset Search Blog

http://tinyurl.com/lyuofz5

This is the sixth post in the ‘Divorce & Hidden Money’ series.

‘Four Ways Assets Can Be Secretly Transferred’ mentioned methods some use to move assets across international borders. My post regarding the 2011 divorce between Helga and Gaston Glock discussed additional asset concealment tools. Any one or a combination of these additional tools can be used to hide marital assets. . . .

Are Patent Rights A Marital Asset?

10 Saturday May 2014

Posted by in Divorce, Family Law, Intellectual Property, Marital Asset, Patent Law

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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. . . .

Divorcing Husband’s Hidden Assets and Tax Fraud.

16 Sunday Feb 2014

Posted by in Child Support, Divorce, Family Law, Hidden Assets

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Divorce & Hidden Money: Whistleblowing, Tax Fraud & Tipping The IRS, by Fred Abrams, Asset Search Blog

http://tinyurl.com/l22u73b

The post ‘An Asset Search, Tax Fraud & Divorce’ was first published at the Asset Search Blog on January 16, 2008.  It is republished below as the seventh post in the ‘Divorce & Hidden Money’ series.  The post describes my investigation of a divorcing husband.

Divorce and Hidden Assets

17 Thursday Oct 2013

Posted by in Divorce, Family Law, Finding Assets, Fraud, White Collar Crime

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Divorce & Hidden Assets: Alaskan Plastic Surgeon Accused Of Concealing Millions In Central America, by Fred Abrams, Asset Search Blog
(The first post in the Abram’s “Divorce & Hidden Assets” Series)
http://bit.ly/1gLpR72