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Enforcing U.S. Judgments Outside the U.S.: International Asset Location and Recovery

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, September 2, 2020

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss how to locate and seize offshore assets with which to satisfy a US obligation or judgment. The panel will also address tools to prevent the removal of assets to other countries.

Description

Finding and seizing assets in the US is hard enough, but doing so abroad can be exponentially more complicated. Increasingly defendants are holding--and in many cases hiding-- in foreign countries money and property that is rightfully due to another. Their tools are secrecy and evasion. Counsel must understand how to locate and seize assets in overseas jurisdictions in order to make an informed recommendation regarding whether to pursue collection in a foreign jurisdiction, even before starting litigation.

The first step is to identify offshore assets, including real, personal, tangible, and intangible property, streams of income, bank accounts, investments, and interests in businesses. Many of the assets will be in financial accounts. If the asset owner has committed fraud, then he or she usually has access to others who will enthusiastically assist finding legal loopholes and “legitimizing” dishonest gains.

Once assets are identified, the goal can turn to seizing and freezing those assets. Counsel must overcome procedural due process requirements in the foreign jurisdiction, laws that are designed to obscure and delay seizure, and anti-US prejudices.

Listen as this experienced panel discusses what to consider before filing suit, how to identify foreign assets, and how to seize and freeze them.

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Outline

  1. Locating assets
    1. Public records at home and abroad
    2. Domestic and foreign evidence of offshore property
    3. Tracing the origin of assets brought into the U.S.
    4. Assistance of U.S. Department of State
  2. Seizing and freezing assets
    1. Injunctions
    2. Statutory freeze orders
  3. Commentary on specific jurisdictions

Benefits

The panel will review these and other related issues:

  • What countries are the hardest to obtain recognition in?
  • What factors in the U.S. legal system pose the most significant obstacles?
  • What treaties and protocols govern notice to parties?
  • What tools are available to identify and seize offshore assets?
  • What are misconceptions parties have about offshore recoveries?

Faculty

Krys, Kenneth
Kenneth M. Krys
Executive Chairman & Founder
KRyS Global

Mr. Krys' diverse experience, including a stint as the head of enforcement for the local financial services...  |  Read More

Rein,Eric
Eric S. (Rick) Rein
Partner
Horwood Marcus & Berk

Mr. Rein concentrates his practice on secured creditors’ rights, bankruptcy representation, loan enforcement and...  |  Read More

Reyes, Ana
Ana C. Reyes
Partner
Williams & Connolly

Ms. Reyes Co-Chairs the firm’s International Disputes practice group and is a member of its Executive Committee....  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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