Bringing people and institutions from different countries together and the speed of communication and transfer of capital have facilitated the conduct of even more complex and organized networks for the concealment of financial assets. Such structures challenge the current measures of the legal systems designed to detect and prevent this practice, which demands even more specialized work by the agents involved in the recovery of hidden values.
Some legislation around the globe facilitates the practice of concealment, through the granting of confidentiality of basic company information and extremely simplified corporate and tax rules. Individuals, then, use corporate structures that are often not listed as partners, being the ultimate beneficiaries of these companies.
The “standard measures” available in the national legal system – such as bank accounts seizure, vehicles, and debtor’s registration data – are often insufficient to achieve efficient results and credit satisfaction. A successful financial asset recovery requires expertise and practical development.
Our firm provides research on public and private data sources, as well as legal counsel in partnership with international offices located in common law and civil law jurisdictions, including tax havens.
In the United States, our partner offices and attorneys use the implementation of tools such as the 28 USC §1782 Statute, in order to gather evidence in foreign proceedings, in addition to Chapter 15 of the United States Bankruptcy Code. It allows cooperation between the United States courts and the foreign courts, as well as other authorities of foreign countries involved in cross-border insolvency cases.
In Brazil, we gather the data obtained during the investigation and we demonstrate all structures used by the debtor to hide assets, in order to obtain a repatriation order by a national court, in cooperation with the foreign administrative or judicial authority.