Discovery Of Hidden Assets

TOPICAL ROLE FOR THE ATTORNEY’S ROLE IN DISCOVERY

OF HIDDEN ASSETS

By Ronald B. Rosen, Esq.

West Long Branch, NJ

I. Attorney to amass information received through discovery.

II. Employment of a private investigator to find out what has not been supplied.

III. Employment of a forensic accountant to analyze what was found by either attorney or private investigator.

IV. Provide accountant information to analyze information as it is possible.

A. Case Information Statement

a) Sworn statement of assets and liabilities

B. Interrogatories

a) The same as asking the questions repeatedly on Cross-examination.

C. Depositions

a) Almost everything else is available.

D. Tax returns

• 1. Sworn to and filed with the “government.”

a) Look for the bank Interest

b) Look for stock Sales

E. Checking account statements

• 1. Total Deposits vs. Total Income
  2. Check Registers

a) life style

• hair care, etc.
• stores frequented
• charities
• safe deposit box rentals

b) investments

c) auto payments

• not for family

d) boat payments

e) payments to Mom, friends, etc.

f) cash or no cash spent

g) pocket money

• 1. Original Checks

a) memos

b) where deposited or cashed (Bank of Ireland, example)

• 1. Savings account statements

a) totals deposited

b) frequency

c) amount

F. Husband’s computer, disks in house

• 1. Computer type
  2. Access to computer
  3. Copy disks

G. Office at work

• 1. Access
  2. Help from staff personnel

H. Wallet

• 1. Only if it falls out or is in “plain view”

I. Mortgage or credit applications

• 1. For autos
  2. Home Equity lines
  3. Atlantic City

J. Credit line – Atlantic City

V. Wife as a source

A. Cash expenditures

B. Entire paycheck given to wife

C. Bragging by Husband

VI. Discovery Rules

A. Notice to Produce, Rule 4:18-1

B. Depositions, Rule 4:11, et seq. and Rule 4:10-2 (d) (2) of any person except family members under age 18, as to all issues except the grounds for divorce.

C. Interrogatories, Rule 4:17

D. Requests for admissions, Rule 4:22-1