Getting in touch with an efficient law firm is a good option for fighting such insecurities. The individuals can keep the tension of financial security at bay, they can avail a range of proficient services that ensures monetary protection. Contact the offshore attorney firm rather than an on-shore one to avoid conflicts of interest. You can have premium levels of protection and privacy with the help of an off-shore law firm. Without using any unfair means or breaking the law, you can have tools and strategies of asset privacy and protection. Strategies are made keeping rules and regulation of your native land in mind, so that there are no legal complications.

You can also have your second passport made by getting help from an offshore attorney firm. Second passports are made for various reasons and personal security is one of them. It is used for visa free travels too. Passports provided by some countries hinders obtaining visa for different countries. So many individuals, especially businessmen look for second passports for expanding their business to various countries. The cost incurred in the second passport is much less than the profit they make by expanding their business in other countries.

You can make use of the corporations and tax free foundations for acquiring security for your assets too. Acquire corporate structures that proficiently offer anonymous banking. You can have complete protection of your assets from the financial foes by law that includes bankruptcy proceedings and protection from the court judgments. Having great relationships with the banker is the basis for offshore banking. Even with the best of entities-trusts, foundations, corporations, making use of funds becomes difficult. Take legal help for making great relationships with these bankers to avoid any hassles.

Creation of corporations is a cheap, easy and quick process. You might want to create a corporation that gives you maximum privacy and security, and indeed you would obtain anonymity. You can get help in anonymous tax-free corporations. With such a corporation, you will have to pay meager or no tax at all. It is done with fair use of appropriate corporate structures, banking flows and jurisdictions.

The need for protecting your assets is taken care well by the offshore legal help. You cannot ask for better and fair ways to protect your assets.  Your assets are efficiently protected off shore. If you have assets that need protection, just discuss it with a reliable off shore lawyer firm to have strategies for the purpose. You will get professional and tailor made services to look after your case. Look forward to secure and reliablet options for protecting your assets. In this world of uncertainties, there cannot be superior options to secure your valuable assets than contacting a competent offshore attorney firm.

Since individual privacy has become one of the major foundations for the safety of assets, thus there is an increase in the number of law firms that can provide the people with an increased asset protection and privacy that aren’t presently available in the countries where they reside. The law firms provide the people with the highest security levels that are deliberated for achieving the highest standards of protection and privacy for those people who avail the service.

It is very well known amongst people that having adequate asset protection is extremely important in the countries where they are residing. Also with the severity in the public laws it has become possible for the people to extract the private and financial information of any individual. Therefore, consulting a legal service provider has become increasingly important for having the personal information secured and safe.

The law firms do not support the law break, instead the firms believe in relying upon having the best tools and strategies to achieve maximum asset protection as well as privacy. The strategies that are developed are largely based on the in-depth knowledge and in experience with the laws that are applicable in each country.

The professional legal service providers make available the services as well as strategies that are designed for achieving the highest level of protection and privacy for the person availing the service. Other than these services, these firms also offer tax free corporations and foundations.

Not only the person can get best asset protection and privacy but also the peace of mind can also be attained by availing these services.

Not only asset protection, the professional and skilled expertise available online also offers aid and support for getting a second passport. Though it is illegal in some countries to get a second passport, there are numerous people who can have more than one passport.

There are licensed attorneys that can help the person in attaining a second passport and that too in the easiest possible way. These attorneys who help and provide assistance in obtaining a second passport also have the capabilities of providing effective aid in various other fields such as anonymous tax free corporations and anonymous banking.

What is wrong here is that nothing in the USA can protect you from an aggressive judge who feels your assets should be seized to satisfy some sort of debt or perceived debt. You are subject to the mercy of any Judge who may or may not be following the law. Now if the Judge over steps his bounds you are faced with paying massive legal bills to correct the situation in the appeals process. Your odds of winning an appeal are probably under 1%. Ask some of these law firms that do these asset protection structures what their rate per hour is going to be to try and protect your assets if they come under attack from a financial enemy of yours. Figure on rates starting at $325.00 per hour (very low) and going up to $1250.00 per hour for a partner in a top–drawer law firm in the USA. Ouch.

So the point is judges do not always follow the law in this country therefore no asset protection structure is going to be very protective. Litigation in the USA is too prevalent and expensive to allow one to comfortably use this jurisdiction for asset protection. The legal expenses of defending the asset protection structure can wipe out your assets. If you locate your assets offshore the odds of ever having to defend them against a financial adversary are miniscule.

USA Private Detectives – Now we can talk about private detectives in America getting bank information, credit card information, phone records etc. Go look at the ads on the Internet and call these private detectives up, they even take credit cards. The credit card fraud perpetrators use these people to get dossiers on potential victims they are going to fleece through an identity theft scam, and they even use stolen credit cards to pay for the files for their next victims. They will get your bank statements, cell phone statements and bills, phone bills and records, credit reports, driving records, public records – just about anything you wish to pay for. Big law firms have retainer relationships with private detectives.

We can also go on to discuss identity theft from security violations perpetrated by private detectives concerning bank accounts, credit cards, public records. If you vest your Panama real estate in the name of an anonymous bearer share corporation how could that possibly help someone do an identity theft on you? If your bank accounts were covered by bank secrecy laws wouldn’t that help insulate you from identity theft? If your credit card came from a bank under bank secrecy laws wouldn’t that help protect you? Panama is a much safer place legally and practically.

Confiscation of Funds and Assets – Next problem is civil court ordered pre–trial confiscation of funds. This can happen in a civil matter such as divorce. Remember any judge on a Federal, State, County or City level can pretty much get at any asset located anywhere in the USA. Usually this is a temporary hold or confiscation pending some court date but could be permanent in theory and/or practice. They usually refer to these actions as liens, levies, seizures, garnishments, attachments, and even injunctive relief. The terms vary with the jurisdiction. In the USA some government agencies can confiscate funds without taking you to court, thus no trial, no being judged guilty by a court of your peers, no due process, no trial by judge etc.

There are other government agencies that would need to get a court order to confiscate your funds in a civil matter and other assets but the courts tend to listen hard to these agencies and usually give them what they want which is going to be your assets. There are no really anonymous corporations in the USA. There is no bank secrecy or privacy at all. There is really no secure way to protect your assets from confiscation from any judge for any reason the judge deems lawful in his or her opinion as a jurist. Sure you might be able to go to court later on after the confiscation and convince a judge to return all or some of your assets but with what funds are you going to pay for your legal defense since your bank accounts, real estate etc is now all frozen.

Now you have to convince a lawyer to take your case hoping he can get the judge to allow your money to be used to pay for your legal defense. These lawyers that want to confiscate your funds without you even getting to give any testimony don’t even want you to be able to pay for your defense. They will argue that they are so sure of winning it is a waste of money to let you use the funds to pay for a high–powered law firm. How can there be asset protection in this legal environment? The ONLY way to accomplish asset protection where the USA is concerned is to liquidate the assets and move the funds offshore where the money is placed in a corporate or foundation bank account, stock brokerage account or into real estate in Panama.

USA Civil Lawyers Methods – Let me explain what an Ex–Parte proceeding is to start off. It is a legal proceeding where one of the other parties is not present and probably does not even know such a proceeding is taking place, usually the defendant. Let us assume you “feel” you have a good case in a court of law against a person or corporation. You hire a reputable law firm and prepare a complaint with whatever evidence you may or may not have. Next you file a complaint but do not serve the complaint and at the same time file an emergency motion with the court for an Ex Parte hearing in the Judges chambers in private, before the other party even knows you are suing them. You basically tell the Judge that you feel you have an excellent chance of winning and you are most concerned that the defendant will attempt to flee with their assets when the lawsuit commences thus causing you irreparable harm in that the money damages you suffered will then never be recoverable from this alleged culprit who has never had a chance to say one word in his or her defense so far. You then ask the court to freeze the defendant’s bank accounts, real estate and other property of the defendant so the defendant cannot flee with the assets thus allowing you to recover your debt when the court rules in your favor, which you are so very sure, they will do. You of course post a bond to cover any damages in case you lose. This plays much better when you are using a large politically active law firm. Now it is going to be an unlikely event that you lose since your adversary now has all his money frozen so how is he or she going to pay for an adequate legal defense.

Essentially the victim (defendant) is suffering as if he were broke, all before he had a trial in court, and in this case even before he knew anyone is even suing him let alone having been convicted by a jury of his peers. Imagine you wake up one morning find all your bank accounts, stock brokerage accounts, and real estate all frozen by a court as a result of an ex–parte motion. Your cars, boats, planes have been towed away by the sheriff, all based on the allegations of some large rich corporation or plaintiff claiming you did something to them in a secret tribunal with the judge.

Secret tribunals are a very bad thing for asset protection. If the defendant argues that he needs the money for defense the plaintiff argues that it is going to be a waste of time and money to let the defendant blow money that should go to them on a legal defense, which will never prevail. They are arguing to prevent the fair trial by jury guarantees provided in the constitution and instead substituting in unconstitutional confiscation without due process and secret tribunals all of which are acceptable practices these days.

So now the defendant is essentially broke, how can he manage his business and retain adequate legal counsel? Mind you all of this happened without the defendant ever having a chance to defend himself in court. What if the plaintiff forged or falsified evidence against the defendant? This is one–tactic wealthy corporations and individuals employ against small business people that get in their way.

Don’t let your lawyer tell you this is rarely done. If it happens to you they will still insist it is rare. It is a common procedure in the USA just restricted to those who can afford to pay large law firms unscrupulous enough to do it. To your lawyer it may be rare because your lawyer doesn’t work in a firm with 750 other lawyers defending billion dollar conglomerates that routinely will spend a few million dollars on a legal case. Most of the Internet giants do this in their litigation; look up their court cases to see it happening. Government regulatory agencies have a very similar way of doing this in the court system as well. It operates slightly more openly but has the same effect – frozen assets before you get your day in court thus preventing you from operating your business and mounting a good legal defense since you have no money.

The Summary Judgment Scam – This is another one unscrupulous tactic lawyers use to get your assets away from you. They file a case in court and serve you. They wait the 20 or 30 days for you to respond. Assuming you respond with a denial or rebuttal against the claim they then file a summary judgment motion. The argument will be your defense is frivolous and you cannot possibly win and thus it is a waste of the courts time to allow this case to proceed to a full trial. It is a way to guarantee that you never win. They want the judge to summarily dismiss your counter claim if you filed one and summarily award the case to the plaintiff.

The more ethical use of this procedure is when the defendant is properly served and ignores the complaint. Thus the defendant is not fighting back so why have a full trial and waste the courts time and money. In a summary judgment you have no chance to confront witnesses against you, or be tried before a jury of your peers, not even a trail before a judge. No day in court for you. These summary judgment motions are nasty in that they in themselves are often unfounded and designed to make the defendant (you) spend money to defend against them. Sometimes in the course of a civil case there could be seven or eight summary judgment motions all of which are expensive to defend against. If the plaintiff decides to run up a legal bill by taking numerous depositions the defense could decide to ignore going to the depositions thinking these witnesses are basically irrelevant and thus saving money.

A dangerous game for sure but if the other side is taking depositions frivolously to run up a bill on both sides (common tactic) and one has limited funds you could still stay in the game by conserving funds and ignoring the depositions letting the plaintiff go to the depositions themselves. You could also ignore overly broad subpoenas served on the defendants or on witnesses. Rather than filing protective orders to restrict the discovery power of the plaintiff back to being on point you could elect to let them run wild on fishing trips to save money and you would still be alive in the lawsuit awaiting trial where you could win. The summary judgment motion cannot be ignored. To ignore it means an automatic loss for you. Technically if you had an ethical judge and you were defending yourself the judge would look at the summary judgment motion and protect your rights. While operating pro per (acting as your own attorney) may help spare you from a summary judgment your odds of winning at trial would be statistically extremely low, too low for wisdom.

Running Up the Legal Bill – Many lawyers practice this as an integral part of their practice in the USA. They bring the other side to their knees for a settlement by making the litigation very expensive. Forget the facts, the fight now becomes surviving the lawsuit long enough to make it to trial and thus pre–trial preparation is likely to suffer greatly. If you can’t keep paying the lawyers, you will not make it to trial (think summary judgment) and lose. The ways of them doing this are numerous. They must always appear to be legitimate in their quest for useful knowledge to help them make their case or the judge may award sanctions against them for filing frivolous motions (rarely ever awarded). The lawyers that practice this are expert at it since this is how they practice law. Below are some methodologies that are used to run up the legal bill for the other side. Of course these practices favor the one with the most money. Essentially with offshore asset protection we are reversing the game and making the plaintiff spend a big fortune if they want to chase your assets to Panama or Guatemala with little or no chance of success.

Excessive Discovery – All sorts of records are subpoenaed. Tons of witnesses are set for deposition. In one instance the large law firm set a witness for deposition every day for several months continuously, knowing it would shut down the small lawyers practice. He had to go to court and was fortunate enough to get the judge to limit the depositions to one per week but this dragged everything out much longer. All sorts of records are subpoenaed. This is to bait you to spend money limiting the discovery. All sorts of motions are made up. Some motions will have names never to be found in any law books. The large firms have databases of all sorts of motions they have gotten away with over the years.

Emergency Arbitration – This is a real gem. Here the plaintiff drags you and your expensive lawyers in to try to settle. Judges love this stuff since it can clear their calendar. If you are far from the court it can really run up your bill. Very wasteful way to get legal bills high.

Long Trials – Plaintiffs ask for many days for trial. This makes it harder to get on the calendar and drag things out longer so hopefully more discovery can take place, which means bigger legal bills. Courts have found ways to streamline litigation but lawyers have also found ways to get things perverted again so they can run up the legal bills.

Venue Shopping – Plaintiffs try to file their lawsuits in a jurisdiction that will be the most expensive for you to defend in or where they can have the best chance of winning due to prejudices based on the past rulings of the court. Courts and Judges do not like to reverse on themselves. There is even a way where they can file in a federal court for violation of state civil laws. Imagine that, sounds incredible to get a federal court to enforce a state law but have seen it done successfully. They do this to get a judgment that they can enforce anywhere in the USA and also to take advantage of the way the courts have ruled on sensitive issues in this district in the past. If you have to hire counsel thousands of miles away it gets expensive. Then add in all the travel time they can inconvenience you with like with their emergency arbitration, regular arbitration, and the 25 day trial itself for which your lawyer charges $3000 to $25,000 per trial day.

John Doe Lawsuits – Do you know what a John Doe lawsuit is? I will explain this unusual tool of legal chicanery that we know works in the USA.

Let us say you are a large billion dollar corporation and you feel you have been harmed in some way but are not able to identify the party or parties responsible for the tortuous act. Say someone has been violating copyright protected material of yours by distributing it for free or for gain. You file a lawsuit in Federal Court against John Does 1–99 stating that you will identify the actual defendants, as their identities are uncovered in the course of discovery. You send a law clerk down to the courthouse and he has the court clerk officially stamp the lawsuit and now this lawsuit is live. OK now you have the subpoena power of the federal court at your disposal and there is no opposing counsel to block your subpoenas and depositions. There is no opposing counsel because the people you are suing have no idea they are going to be sued and you are not yet sure who they are or if you can even sue them yet.

So you go about your merry way issuing subpoenas for bank accounts, phone records, stock brokerage accounts, insurance records, internet records (like every website they ever visited, all email sent – yes the big ISP’s there keep copies of all this forever), credit card bills, email accounts, etc. all very lawful USA subpoenas and the judge has no idea you are issuing these subpoenas unless he decides to read the files (not likely with no opposition) and there is no opposing counsel to fight to protect the privacy of the records on behalf of their client. The company receiving the subpoena has no obligation in the USA to let the customer (think phone, bank, credit card, credit bureaus, or internet records) know that a subpoena has been served on them requesting your records. They prefer not to tell you so they do not get caught up in a fight over the records and then they may have to retain their own lawyer and run up a bill.

If it is a lawful subpoena they can just submit to it and have no liability unless there is some sort of agreement in place to notify you or protect your privacy, which would be most rare. The lawyer might even take a few witness depositions to get the facts explained in more detail. The judge need not individually approve these subpoenas for them to be valid. Normally subpoena copies are sent to the opposing counsel who can make a motion to block or limit them called a protective order. Here with a John Doe lawsuit there is no opposing counsel to get in the way of the plaintiff who can run amuck using the power of the court to get all sorts of records violating the privacy of countless people without their knowledge.

What a great tool if you are an unscrupulous lawyer. By the way this tool could be used against you at any time to get your bank records, phone records, internet records, email copies, credit card bills etc all without your knowledge lawfully. This probably does not make you feel warm and mushy inside about having assets in the USA. So basically you don’t even need to sue a real person or corporation to get to use the subpoena power of the mighty US Federal Courts.

This works best in the Federal Courts by the way but could be applied to some state and local courts. Remember the entity being served with the subpoena like the bank or stock broker has no obligation to tell you the owner of the bank account that a subpoena was served on them for your records and they could even be ordered to keep their mouth shut so as to prevent flight with the assets. Another fine example of the sheer lack of privacy and asset protection laws in the USA whereby a stranger can examine your bank records based on a lawsuit with nobody.

If you haven’t thought of it consider what happens to your bank records after the opposing law firm has lawfully obtained them. Can they enter them as evidence into the lawsuit and thus make them public record? Sure. They enter them as evidence and file the copies of the bank records, phone bills, internet records like all your emails, every website the logs show you visited, credit card bills, stockbroker records all in the courthouse into the file. This file is a lawsuit against no one but still they got it into the public records where it could be picked up and put on the Internet, in newspapers etc. Once the information gets into the public domain anyone can use it lawfully, yes even law enforcement agencies for criminal prosecutions. Can they share this information with others? Good question to ask yourself now, not after something like this happens to you.

Defendants Fight Back – To illustrate the absurdity of their civil court system gone amuck we will site some unethical tactics that defendants use against the big law firms and Judges who favor the big firms.

Recusing the Judge – A recusal is a court action where you motion the judge to remove themselves for some reason usually pertaining to his bias or lack of objectivity (prejudicial) in the case. The motion must be presented to the judge at first. A judge will rarely recuse himself or herself. If they know one of the parties in their private life they would probably recuse themselves. Appellate courts are slow to reverse a judge who refuses to recuse himself unless there is overwhelming evidence. An example would be he was once married to one of the parties in the case. So if the big slick law firm got a judge for a reason then you can recuse the judge if you have grounds, which is rare.

What is done is the defendant files a lawsuit against the judge, which now gives objective grounds for a recusal and then asks the judge to recuse himself. The judge may get mad and try to get a summary judgment dismissing the case but then again you and the judge were still adversaries in a lawsuit and recusal is proper and if the judge refused the appellate court would probably grant the recusal.

Suing the Opposing Counsel – In this scenario one side starts personal lawsuits against the opposing counsel. This lets them take depositions and is mostly to harass the lawyers. Sometimes they even sue the wife and relatives of the lawyers. A dangerous and expensive game reserved for wealthy people but it does go on. This illustrates the actual absurdity of the court systems in that country.

Locking the Other Side Out From Decent Counsel – If you live in a small town this can work. Lets say it is a divorce case. Before filing for divorce go visit all the competent divorce lawyers in the city. Have a paid consultation with them to discuss the case. Explain some non–essential particulars to them and make sure you take notes at the meeting. Then when the other party to the divorce finds out they are being divorced they go out and look for a good lawyer and find out you have created a conflict of interest with all the experienced lawyers in the area. This drives them to go out of town. The out of town lawyer will generally as a rule do worse in court than a local lawyer who knows the judges and how they like to run their courtroom. Again another manifestation of a judicial system run out of control by aggressive lawyers.

USA Trusts and USA Corporations – I know one can argue that their USA trust or corporation is not responsible for personal debts and there are court cases to back this up. Then inquire as to how much money it is going to cost you to defend the asset protection strategy against aggressive collection lawyers who know just how to make it real expensive for you to defend against them so as to bring about a painfully expensive settlement. Unless you have many millions it will not be cost effective to fight. It is a legal jungle in the USA and we cannot see any daylight in trying to protect assets in the USA using any USA based vehicle including trusts, corporations, foundations etc.

USA Real Estate Asset Protection – We get calls constantly from people who want to change the title of real estate from their own name into the name of a Panama Corporation or Foundation to shelter the asset from litigation. This can be done but is probably not going to accomplish too much in terms of asset protection unless the other side is sloppy, careless and does not have much money to spend.

The lawyers pursuing you will be curious that you no longer own a house you live in that you used to own. They will find out about it from credit reports, public record checks, having private detectives talk to neighbors, and other means. Then they will ask you if you sold the house? If so where are the sale proceeds, where was the escrow etc. They will smell a rat and eventually will ask you questions in deposition and then go to the judge and ask the judge to set the transfer aside as a fraudulent transfer in that the property was not really sold it was just a straw man transaction to avoid creditors attaching the asset and also stick you with the additional legal expense they incurred setting the transaction aside. The judge may want to hear from the Panama Corporation before he sets the transfer aside but that isn’t going to do much good unless there is an actual escrow and real money changed hands and then they are going to ask you where the money you got from the sale is now.

The same thing would happen in the case of putting a mortgage on the property through a Panama Corporation. Where was the escrow? What did you do with the money, etc? Their plan would be to have the judge set the mortgage aside as fraudulent allowing the creditor to take the real estate away to satisfy a debt. If a piece of real estate never in your name was acquired through a Panama Corporation and paid for from Panama and your name never came up in any escrow etc then that would be hard for a collection attorney to associate with you and could be overlooked. The collection attorney could take your deposition and ask you questions about any and all assets you had if there is a judgment. This is post–judgment discovery and could occur in the form of interrogatories (written questions) about your assets including any assets transferred or sold in the last few months or sometimes they go back a year or longer depending on the state laws (they call this a look back period).

We never advocate lying as part of an asset protection strategy. This sort of lying is perjury, which is generally criminal so that is not a viable plan. They will ask about any corporations you own. If a structure can be created to let you survive the questioning without lying you would be ok. Not easily done and we are not going to get into this with someone inquiring on the phone or by email who is not a paid client even if they say things like “We are not going to pay you if we do not know what you are going to suggest we do”. Sorry we will remain non–responsive to such queries, which are reserved for paid clients only. The safest position is to liquidate real estate and move the funds to a safe jurisdiction. Hopefully, this is done before any court orders are issued.

USA Attorneys and Conflict of Interest – In the USA if you go to an attorney and ask them to help you shelter your assets offshore they are going to be unlikely to help you do it effectively or even take you as a client. Why?

First of all they do not understand the offshore world in all likelihood. The laws are different than what they are used to. Secondly they cannot operate offshore and must retain an offshore law firm in the jurisdiction they would need to operate in. This means they could get sued in the USA for something the offshore law firm did that the mutual client did not like. Thirdly if the client is evading a debt and the lawyer does a good job of protecting the assets he can be sued in the USA for assisting in a fraudulent conveyance. A fraudulent conveyance is an act whereby assets are removed from the reach of a creditor to avoid attachment.

What a creditor is, is ill defined in the USA. It could be adjudicated that there was a fraudulent conveyance even though there is no judgment or court order. The reasoning is you should have known that there was a likelihood of being sued or if you were sued it would be likely that you would lose. So even if you were in an active and costly legal defense and moved assets offshore it could be argued that you were doing so to fraudulently convey the assets out of the reach of the person that might one day be a creditor. Please note that not all movements of capital offshore are fraudulent conveyances. One can relocate their domicile offshore, one could buy real estate offshore, make investments offshore, start or buy a business offshore etc. The burden of proof should be on the plaintiff to prove that the movement of assets was to take the assets out of the reach of the creditor and if you could show other reasons why the funds were put into another jurisdiction then the case is far harder for the plaintiff to win and of course much more expensive. If it comes out in the debt recovery case that the lawyer assisted the client in moving assets offshore and then the lawyer is complicit and gets sued. Remember the lawyer most likely has malpractice insurance, which means he has deep pockets. Just getting sued means the malpractice carrier will minimally raise the rates on the lawyer or drop him, this is America and that is how things work there.

What the USA “asset protection” lawyer will most likely try to do is put the client into some sort of a superficial USA based asset protection structure. This will not be effective against many classes and types of financial adversaries. The lawyer gets to charge you legal fees and earn some money. If you wind up losing your assets in court the lawyer hides behind the decision of the court to take away your assets and thus avoids any liability or exposure. After people hear the features and benefits of these USA based asset protection structures they generally do not think to ask how much it would cost to defend the structure against an attack. They also do not ask what types of an attack can be effective against getting the assets in such a structure. The list is long. The USA lawyers will not appreciate such a discourse in that it starts to expose them to liability. You will hear things like each case has its own merits, etc. You are not going to hear anything with certainty. There are lawyers who specialize in busting trusts and asset protection structures in the USA. Sometimes it can be cheaper to settle with these lawyers versus drawn out fights using law firms who bill at $650 an hour and they know this and take advantage of it. The worst part of it is that nothing in the USA will keep your assets out of reach from snooping private detectives. Once assets can be tied to you then you become a target for trouble. Private detectives get nowhere in the offshore world.

Obstructing Justice Charges Against Your Lawyer – If your lawyer in the USA is representing you in some action where the plaintiff is a governmental agency (City, County, State or Federal) the lawyer could be charged with obstructing justice. If the case seems frivolous to the prosecutor and the judge who coincidentally get paid from the same employer, decide that the defendant really has no case and mounting a defense is just running up expenses and dragging things out then the lawyer representing you can be told that he is about to be charged with obstructing justice. The prosecutor could just outright so charge your lawyer if they desired to do so. This would mean the lawyer now has a conflict of interest with you and would have to step off the case. This would mean much greater legal expenses for you. Imagine trying to convince a lawyer to step in and represent you after this happened.

Offshore Asset Protection – In Panama and Guatemala lawyer games like those described above do not exist. Corporate and foundation assets belong to the corporation or foundation. Tagging on personal debts is extremely difficult to prove and there are tight statues of limitation concerning such fraudulent conveyances to defraud creditors (three years). USA lawyers cannot practice in Panama or Guatemala; they need to retain a local lawyer if they ever wanted to do anything in these countries. Government agencies from foreign countries have no levy, attachment or confiscatory powers in Panama or Guatemala. You and your assets are much safer in Panama or Guatemala.-Aurelia Masterson, www.panamalaw.org

So how do you scope out an asset protection strategy for you? Here’s what you need to know.

First: Recognize who can make a claim on you and for how much:

Creditors can. You entered into an agreement with them for their product or services. Now you find you can’t pay them. You know how much a creditor can claim since you made the agreement.

People who can sue you for injury they’ve incurred and attributed to you – perhaps your negligence. A normal amount of liability insurance can take care of much of this.

But there are people who target you for a lawsuit because you have a lot of money. They generally expect you to buy them off with a settlement considerably less than their outrageous claim for a trumped-up injury.

Lastly, are those that sue you in divorce or through paternity suits. They’re your spouse or lover – however temporary or fleeting either relationship was. Your child(ren) play a critical part in the nature and damage these suits can produce. These are the divorce/paternity claimants.

The amount they can claim and be awarded is enormous and can continue until your child grows up – and through college in some states. Such suits have been known to be very unfair, untenable, have led to many suicides of fathers, and ultimately derive from unfair court processes that ignore fundamental rights of fathers.

It’s important that you recognize that government offers you no protection against divorce/paternity claimants. It does offer limited asset protection against creditor and other claimants as I’ll mention below.

Second: Recognize what assets you own that are vulnerable to claims:

To divorce/paternity claimants, all your assets are vulnerable. So in addition to what you presently own as assets, what you may potentially own in the future is vulnerable too. An example of this would be an expected inheritance.

Third: Know the government-protected assets against creditor claims – for your state:

Government- under either federal or state law – affords some limited protection of assets according to how the asset is held by you – and under what legal suit type.

The government-protected asset categories are:

* Government-regulated retirement savings plan accounts (such as pensions, 401(k), IRAs)

* Insurance products

* Homestead

Federal law protects your retirement plan accounts (to some dollar level) against creditors, but only under your bankruptcy case – a federal court process. For suits other then a bankruptcy, state law governs the amount of protection. State law is state dependent; it generally offers less protection.

Insurance products protection is state regulated and state dependant. Life insurance’s death benefit and annuity’s payouts carry protection against most creditor claims.

You homestead – i.e. your principal residence for living – generally carries some dollar limit protection. Some states have much higher homestead values protected than others. Some minor holdings values for car or clothing is also protected.

Check your state for its extent of protection.

Fourth: Understand a court’s ability to claim assets from you for a claimant:

The fundamental criteria to have assets you own claimed under a court order are that those assets are:

* owned or controlled by you and

* known to exist and

* within the jurisdiction of the court to seize

Based on these criteria your chosen protection strategy must be one or a combination of these actions:

1. Transferring ownership of your assets that are known to exist or easily discovered and are within a U.S jurisdiction – so there’s no ownership or control

2. Maintaining ownership of the asset but locate it off shore so the court can’t seize it – so they’re not within court’s jurisdiction

3. Repositioning an asset, no matter how you hold it, so it’s not known to exist and can’t be discovered easily – either within the U.S. or offshore – so court can’t claim what’s not known

Two conditions affect the viability of actions1, and 2 are:

* Assets transferred in light of a pending or active lawsuit are considered fraudulently transferred. They can be considered own by you for claims purposes.

* The court can seize (i.e. jail) you under a contempt of a court to force you to return any asset – or its equal value – that it’s aware of and considers owned by you but is unavailable or outside of the court’s jurisdiction to seize.

Action three is the most secure protection and often the cheapest to achieve.

But there is a wrinkle in all their chatter. Uncle Sam taxes U. S. citizens on their worldwide income. So in another one of those too good to be true scenarios, setting up offshore won’t get you off the hook for federal income and capital gains taxes.

Of course, this is not enough of a deterrence for some. They will listen to the promoter and not to their U.S. advisors, who the promoters successfully argue don’t “understand” the benefits of offshore strategies. The promoter will tell them once you are set up offshore there are no filing requirements ever again for U.S. taxation purposes.

This is not the case. And the failure to file the proper form has just gotten very expensive.

The form in question is I.R.S Form 5471. All U.S. citizens who have equity in, or a controlling interest in a Controlled Foreign Corporation (”CFC”) must file one. Most offshore asset protection promoters put their U.S. clients into entities that are considered CFCs. As of January 1, 2009, the IRS will now assess an automatic penalty of $10,000 for each CFC filing that is missed. That is $10,000 for each entity in each year that is not filed.

So let’s review an example of what can and now does happen in the offshore world.

Joe listens to an offshore promoter in Nevis about the benefits of offshore asset protection. The promoter never mentions the need to file Form 5471 each year. Joe spends tens of thousands of dollars to set up five CFCs in 2009.

In 2012, the Nevis promoter’s mistress realized the promoter won’t leave his wife. She is spiteful and turns all of the promoter’s files in to the IRS. Very quickly, the IRS is calling on Joe demanding $200,000 in penalties for the five entities for which no Form 5471 was filed for four years. And that’s just the start. Joe will have penalties, interest and taxes due on all the income he made over those years.

If you think it is unlikely the IRS could ever receive information in such a way, think again. If it is not from the promoter’s mistress, it may be from your own spouse or mistress or other aggrieved party. The IRS counts on domestic troubles as one of its best sources of information. But even if your life is trouble-free you can count on the authorities to be monitoring your wiring instructions and banking activities for offshore violations. And with this new $10,000 automatic penalty they have ever more incentive to do so.

You can complain about Big Brother and Big Government if you want (and you should; it’s healthy and to be encouraged). But it is important to know that certain offshore promoters will never tell you about these crucial requirements, to your great financial detriment.

V. Transmutation by Utilization of Charging Order Business Entities as it Effects Both Limited Partnerships and LLCs

A. Introduction

A charging order is a court order available to a judgment creditor directed to the partnership or LLC of which the judgment debtor is a partner or member which grants the judgment creditor the right to whatever distributions would otherwise be due to the debtor partner or member whose interest is being charged. The charging order has its origins as part of the English Partnership Act of 1890. The relevant provisions of that act are very close to similar provisions later adopted in the United States in the Uniform Partnership Act in 1914 and Uniform Limited Partnership Act in 1916. The purpose of the charging order was to prevent the judgment creditor of an individual partner from access to the partnership assets while at the same time, giving the creditor some relief relative to distributions from the entity to the partner. The charging order then became the exclusive remedy of the judgment creditor of a partner denying him direct access to the partnership assets and limiting the creditor exclusively to collection of the income or distributions which the partnership assets might engender for the benefit of the judgment debtor.

B. Foreclosure of the Charging Order

Many states now allow a judgment creditor to foreclose on the charged interest. However, it appears that the purchaser at the foreclosure sale becomes at most an assignee of an economic right to the judgment debtor’s income distributions. As such, the judgment creditor is still not a substantive partner and not entitled to participate in partnership or LLC management. A judgment creditor who forecloses may also face adverse tax consequences as he may be considered a partner for federal tax purposes. The income tax consequences to a judgment creditor who has foreclosed are to be differentiated from a judgment creditor who is a mere holder of a charging order. Most likely, the mere holder would not be considered a partner for tax purposes.

C. California Law

Section 15522 of the California Corporations Code deals with charging orders for California limited partnerships subject to the California Uniform Limited Partnership Act. Section 15673 applies for California limited partnerships governed by the California Revised Limited Partnerships Act (”CRLPA”). Limited partnerships formed after July 1, 1984 are governed by the CRLPA. Section 15673 makes it clear that a judgment creditor with a charging order only has the rights of an assignee. The relevant LLC charging order statute is found in Section 17302 of the California Corporations Code. In addition to giving a judgment creditor the right to a charging order, the legislation provides that the charging order constitutes a lien on the judgment debtor’s assignable member interest and the court can order a foreclosure on the member interest subject to the charging order. However, it is pointed out that the purchaser of the foreclosure sale has only the rights of an assignee. This Section is the exclusive remedy by which a judgment creditor can satisfy a judgment against a judgment debtor’s membership interest in the LLC.

D. Conclusion

The charging order seems to be the exclusive remedy for a California creditor when it comes to both a limited partner’s interest or an LLC’s member interest. However, the LLC charging order can constitute a lien and can be foreclosed upon. It would appear that a foreclosure only transfers the economic rights of the judgment debtor, but does not give the judgment creditor any right to participate in the management or to control the partnership or LLC entity. The greater fear from an asset protection standpoint is the implications of the Albright case decided on April 4, 2003 by the United States Bankruptcy Court for the District of Colorado which allowed a bankruptcy trustee to take any and all necessary actions to liquidate property owned by a single member LLC. The holding in the Albright case was based on the fact that the charging order limitation serves no purpose in a single member LLC because there are no other party’s interests affected. In a footnote, the Court indicates that in a multi member LLC, the charging order provision of Colorado state law would govern, although bankruptcy avoidance provisions and fraudulent transfer laws would come into play with respect to the setup of a multi member LLC intended to delay or defraud creditors.

E. The Charging Order Entity

1. Introduction:

The asset protecting planning concept of conveying assets to a limited partnership or limited liability company is simply that assets that would otherwise be attractive to a creditor are shielded from creditor attachments by transferring them to the entity in exchange for general limited partnership interest and LLC member interest. After the transfer, the assets are owned by the entity and not the transferor. Accordingly, the creditor’s claim must be satisfied as against the entity interest of the transferor. If the charging order is the exclusive remedy for the creditor, the creditor is precluded from actually having access directly to the assets. Instead the creditor in effect steps into the shoes of the partner or LLC member with respect to the right of distribution. As an assignee, the creditor is only entitled to receive the distribution to which the assignor would be entitled. What this means is that a creditor who has obtained charging order only has the right to receive distributions from the entity when and if such distributions are ever made even though the entity itself may have substantial income.

2. Charging Order Erosion:

Over the last several years, several state courts including California had a lot of judicial foreclosure sale of limited partnership interests. The trend in California begin with Cocker National Bank v. Perroton, 255 Cal. Rptr. 794 (Cal. Ct. App. 1989) wherein the California Court of Appeals allowed a judgment creditor to attaché and sell and partnership interest where the debtor demonstrated that the charging order it had obtained was insufficient to satisfy its judgment. Subsequently, in Hellman v. Anderson 284 Cal. Rptr. 830 (Cal. Ct. App. 1991) the California Appellate Court, adhering to the precedent set in the Perroton case, allowed a judgment creditor to foreclose on a partnership interest when foreclosure of the interest would not unduly interfere with the business of the partnership. In Prestly, 193 Br. 253 (Bankr. D.N.M. 1988), the Federal Bankruptcy Court in New Mexico determined that the bankrupt’s interest as a general partner and limited partner in several limited partnerships were assets of the bankruptcy estate and the bankruptcy trustee had the power to sell them.

It should be pointed out that there are several reasons why a court may refuse to order foreclosure with respect to a limited partnership or LLC set up. Moreover, even if foreclosure is ordered, it still does not mean that the creditor actually will get control of the assets within the entity. See Section V. B., above.

F. Asset Protection Structuring

With respect to the asset protection strategy and planning, relative to limited partnerships, it is important to understand that both the limited partner interest, as well as the controlling general partner interest, needs to be protected. In a limited partnership the general partner is personally liable and does not have the charging order protection. Therefore, the general partner should have the smallest possible interest. But this interest also needs to be protected because if the creditor obtains control of the general partner interest, it can possibly order distribution of the assets to the creditor by dissolving the partnership. Accordingly, to protect both the general partner and the limited partner interest, it may be appropriate to form a corporation to act as the general partner and have an offshore asset protection trust hold the limited partner interest. Since the general partner makes all partnership decisions including the right to make or not make distributions and the right to dissolve the partnership, it is important that the creditor of a limited partner not have the ability to gain control of the general partner. Therefore, normally, the transferor client should not be the general partner. It would seem that the best method of protecting the general partner interest is to form a new corporation, LLC or even another Limited Partnership and have it act as the general partner. Preferably, the client should not own the stock of the corporation general partner or the member interest of the LLC general partner. The general partner corporation can be domiciled in an offshore debtor friendly jurisdiction. An election can be made with the IRS to have the offshore corporation treated as a domestic entity in order to avoid negative foreign corporation tax consequences. It may be even possible to have a partnership of offshore corporations be the general partner so that a creditor would have to penetrate more than one offshore jurisdiction at the same time.

For the most part, Not for the better. We as citizens everywhere need to be looking at ways to make our money work for us in more ways than one. In this credit crunch Million’s of innocent people are losing there jobs and homes. Planning what you do have wisely can save your possessions and those of your family.

Uncertainty knocks on everyone’s doors and Say’s “I’m here, What are you going to do about it?”.Well what are you going to do about it?

The very best Solution Asset Protection and Wealth Management:

First thoughts for you should be if you have access to money. Let’s talk Revocable Trust (Can be revoked anytime that the Trust Maker chooses) and Irrevocable Trust (Cannot be Revoked living or Deceased). The best Asset Protection is to implement Asset Protection Planning putting various Asset Protection Strategies in place along with getting proper Estate Planning information.Your local County Courthouse should be able to help you along these lines, No matter which state you live in.

In this world today, There’s more recession than ever before. In my City of Akron,Ohio there are more empty houses then I’ve ever seen before.This is because of Predatory Mortgage lender’s who have Foreclosed on people’s property’s here in Summit County, Ohio. In most of these cases, Of know fault of the borrower. They did not understand that in Ohio they were allowed to have there property under an Asset Protection Trust. If they had they would have been untouchable by the unfortunate Law’s of this recession crunch.

Under Ohio Revised Code 2329 you are allowed to setup an Asset Protection Trust. This is usually set up through the State of Ohio and in your local County Court System.This protects your asset’s from the unforeseeable event’s in your future or distant future. If done properly, Even in the event of a Lawsuit your Asset’s will be untouchable to another party’s frivolous Lawsuit.

With your growing financial portfolio and asset, it is imperative that you take steps to protect your assets. A practical solution for creating an additional umbrella of security for your family is to take advantage of asset protection that minimize the risk of losing your assets or being taxed heavily.

The three vital steps toward asset protection planning

To set up an effective asset protection, you have to:

You are more than painfully aware that it took much effort to build up your assets. But you need to know that it takes even harder work to protect them. Beware that you do not start asset protection planning too late or you are only inviting trouble and headache for your family. Upon your death, there is nothing more gut wrenching than your family having to fend off greedy money suckers trying to lay claim on your family assets that should rightfully belong to your family. Even worse is fighting amongst your own family members for a bigger share of the family asset. If you do not want to put your loved ones through this, then for their sake, initiate the asset protection planning right now.

If you are a truly practical person, asset protection should be a part of your asset-building plan from day ONE.

Be Focused About Your Objectives

You must be sure of your goals and objectives in order to be able to draw up a well thought up asset protection strategy and plan. There can be no universal process to asset protection as every individual has different needs; you have to tailor it according to your future plans and objectives.

Follow The Law When Protecting Your Assets

Never ignore the legal aspects while dealing with asset protection. Of course you can divide your assets according to your own wish, but at the same time you have to abide by the restrictions put forward by law in this regard. A legalized deal will help you avoid all sorts of discrepancies later.

Whether you decide to set up offshore asset protection or asset protection trust, taking a little trouble to protecting your assets will benefit your family greatly, and they in turn will be grateful for your foresight and generosity.