Quote: (01-05-2019 03:51 PM)worldwidetraveler Wrote:
I think that is where there is some confusion.
The judge doesn't have to prove anything. They can just say it was a fraudulent transfer and you pay up. I would bet money they would consider anything transferred before a divorce to be a fraudulent transfer.
This happened a lot in bankruptcies when people tried to save their assets from creditors. Nothing new here.
You are right in that crypto will be more difficult to discover. Not impossible, though, because you will have to fund the crypto.
Not to mention any emails associated with the crypto accounts.
Did you pay taxes on crypto in the past? If not, you have bigger issues than a divorce court. ![[Image: wink.gif]](https://rooshvforum.network/images/smilies/wink.gif)
Crypto is becoming more mainstream now and with it the divorce courts and lawyers will be aware of it.
Do you plan on lying when under oath? Because there is a good chance you will be asked about it during discovery.
These courts and lawyers have been going after men hiding assets in other countries for a very long time. Successfully I might add.
You know the process well, but I don't think you have had any real experience in this.
A judge/court absolutely has to prove intent. A one off does not signify intent.
There's a statute of limitations on fraudulent transfers. Hence timing is everything.
Funding crypto buys in itself doesn't mean anything. I can achieve asset transfers using wash trading of publicly listed assets and break a couple of securities laws in the process as well.
If you don't think people lie under oath, I have a bridge to sell you. I take payment in crypto.
What happens in discovery?
Lawyer for opposing party: Do you have any other accounts not mentioned?
Guy getting questioned: No. (Of course he does)
Next.
Yes, there have been some cases of asset recovery from overseas jurisdictions. However, usually the sum recovered is a fraction. Also, the legal logistics needed to recover said assets overseas is not easy.
Did you know it takes a retainer of 50K USD to a mid sized bankruptcy trustee firm just to look at the prospects over recovering assets hidden overseas? Of course not.
Not to mention the actual costs to file a similar suit using the precedent set locally into the overseas jurisdiction, trustee fees to retain a local overseas legal firm, court costs, overseas lawyer fees, etc. Every country in which there is assets the process has to be repeated.
Reality is most people go broke before they realize a single dollar. Family could be different, I'm not sure if the state will fund it all.
But hey, you guys feel free to believe whatever you want to believe. Bankruptcy is evil! Santa is real! The legal system is infallible! Ignorance is bliss!