Technology has made it easier than ever to move and hide assets by channeling and directing them between jurisdictions, entities, and accounts. Unsurprisingly, the ease with which this is accomplished has motivated many to try and conceal their assets in an attempt to hide them from the legal system. At the end of the day, time and again, the story is always the same: The debtor is attempting to keep something that a judge has ruled belongs to someone else.
After serving as litigation counsel to the Lehman Brothers estate for more than a decade, during which tenure we were responsible for enforcing judgments against debtors owing large sums of money to the estate, our team of former prosecutors are well-versed in locating and seizing judgment debtor assets across North America. We also employ various investigators who have amassed an extensive data repository related to hundreds of thousands of corporate entities, both national and international, and spanning more than four decades.
Historically, we represent businesses and individuals in pursuit of only high-dollar judgments, a complex process that can take years. Our investigations consist of field research and compiling evidence that outlines a debtor’s behaviors and habits. Every piece of information we collect – from the type of car they drive to where they live – will prove instrumental in compiling a profile of the debtor. It is through this process that we often discover and document the debtor’s attempts to shelter assets or otherwise hinder, delay, or defraud its creditors. This process also gives us substantial knowledge and command of the underlying facts prior to engaging in the adversarial and public aspects of litigation, such as levies, liens, assignment orders, subpoenas, and depositions.
Once we’ve achieved a ruling in your favor, we go to work tracing and recovering the assets you’re owed, no matter where they’re located. A judgment is worth nothing if it isn’t collected, and while any fraud is disruptive, our goal is to restore as much of what you’ve lost as possible.
Additionally, a large part of our post-judgment practice includes successor liability litigation. The law generally allows one company to purchase another’s assets without also assuming the seller’s debt. But this general rule has led to a string of dishonest and debt-laden companies trying to offload their liabilities by disguising mergers, spin-offs and more as legitimate sales or transfers of assets. Our attorneys aggressively investigate, explore, and prosecute successor entities for successor liability and fraudulent transfer claims.