Example: A wife needs to find evidence that her husband is hiding assets, including investment accounts, cash, and property. In a divorce, either the parties themselves or the court will divide up the relevant assets (what each party owns: money, real estate, pensions, investments) and debts (what each party owes: mortgage, credit cards, loans). Therefore, it is important to develop a complete financial inventory of what each party owns and owes. We use electronic discovery to find evidence on computers, cell phones, and in emails of assets forgotten or hidden by a spouse, and to establish the true value of assets that may be undervalued or overvalued by a spouse.
Hidden assets may include:
- Assets put in the name of another (e.g. family or friend)
- Delayed business opportunities until divorce is final
- Delayed employment raises, stock options, or bonuses
- Exaggerated personal or business debt
- Hidden business income
- Hidden cash
- Hidden or undervaluing assets
- Manipulated financial records
- Unreported income
It is important to find all marital assets and property. State laws can vary (community property vs. equitable distribution of property) and it is important to determine if assets are joint or personal, or if property is considered separate property or community property under relevant state laws. The timing of the acquisition of the asset (before, during, or after the marriage) may also be important.
Evidence on Computers, Cell Phones, Email, and Online Data
We review financial data on computers, cell phones, in emails and online to find evidence related to the assets and debts of each spouse. For example, depending on the type of case, we provide lawyers with the following kinds of evidence to review:
- Attorney liens
- Balance sheets
- Bank account reports
- Bank interest statements
- Brokerage accounts reports and statements
- Business assets (e.g. accounts receivable, see business section below)
- Capital improvement to real property (electrical, plumbing, additions, heating or air conditioning)
- Child support liens
- Escrow closing statements
- Financial databases
- Financial planning information
- Financial software (Quicken, QuickBooks, Expensr, Gnu Cash, Wesabe, Money Trackin, MoneyDance, AceMoney, Yodlee, Banzaiway and other financial software.
- Financial statements
- Government pension summaries
- Home loan applications
- Income statements or cash flow statements
- Inheritances
- Installment loans
- IRS notifications and correspondence
- Judgment liens
- Letters and statements from creditors
- Life insurance policies
- Mechanics or materialman’s liens
- Net worth statements
- Postnuptial agreements
- Power of attorney
- Prenuptial agreements
- Previous divorce documents (e.g. Property Settlement Agreements)
- Previous Divorce Qualified Domestic Relations Orders (QDRO)
- Property tax liens
- Property tax statements
- Real estate appraisals
- Refinance loan documents
- Retirement plan and pension summaries
- Social Security statements
- Spreadsheets related to investments and assets
- Tax itemized deductions
- Tax planning information
- Tax refunds
- Tax returns (personal and business)
- Trust documents
- Wills and Trusts (Quicken WillMaker Plus, Suze Orman Will & Trust Kit, WillCreator Deluxe, Complete Family Wills)
Marital Assets (Real Property, Investments, Bank Accounts)
We use technology to search for “marital assets” (e.g. real property, investments, and bank accounts). We do this with detailed financial searches and by reviewing financial software (e.g. Quicken), spreadsheets, emails, and other financial file data types. We not only review evidence on computers but also cell phones and online databases. Here is a partial list of marital assets we search for:
- Alimony from previous marriage
- Animals (dogs, cats, horses)
- Antiques
- Art
- Bank checking accounts
- Bank saving accounts
- Brokerage accounts
- Business budgets
- Business Corporations
- Business General Partnerships
- Business income summaries
- Business Limited Partnerships
- Business Sole Proprietorships
- Capital gains from asset sales
- Cash
- Certificates of Deposit
- Child support from previous marriage
- Children’s custodian accounts
- Coins collections
- Commissions due
- Commodities accounts
- Copyrights
- Corporate bonds
- Corporate pension plans
- Credit card accounts and balances
- Credit Union accounts
- Disability income
- Employment accrued vacation time
- Employment assistance programs
- Employment Cafeteria Plans
- Employment deferred compensation
- Employment Defined Contribution Plans
- Employment Dependent Care Assistance Program
- Employment Educational Assistance Programs
- Employment Group Insurance Benefits
- Employment Group Legal Services Plan
- Employment Medical Savings Accounts
- Employment Money Purchase Plans
- Employment Profit Sharing
- Employment Severance Plans
- Employment Stock Options
- Employment Stock Ownership Plans
- Employment Thrift Plans
- Employment vacation pay
- Expensive clothing (e.g. furs)
- Federal Bonds (e.g. EE U.S. Savings)
- Forgiveness of debt by others
- Frequent-flier miles
- Gifts (received or anticipated)
- Gold
- Government Pension Plans
- Hedge funds
- HH Bonds
- Household appliances
- Household furnishings
- Household furniture
- Income or wage assignments
- Income tax refunds
- Investment asset summaries
- Investment property (rental houses, apartments, townhouses)
- Jewelry
- Joint tenancy in real property
- Licenses
- Liens or judgments owed to party
- Life insurance policies (whole life or cash value)
- List of debts
- Litigation claims or judgments
- Loan applications
- Loan or accounts receivables
- Loans from company
- Memberships (county clubs, social groups, charitable groups)
- Military pension plans
- Money market accounts
- Money purchase plans
- Mortgages, notes, or contract payments owed to party
- Municipal Bonds
- Mutual Funds
- Online banking statements
- Patents
- Personal expenses paid by business
- Personal injury claim or judgment
- Personal property
- Photos and videos
- Preferred and common stocks
- Prepaid insurance
- Private-equity ventures (including angel investments)
- Prizes (lottery winnings)
- Professional practices (doctors, dentists, lawyers, CPAs) (see section below)
- Raw (Unimproved) land
- Real estate (principal amount or equity in houses, condos, townhouses, vacation homes).
- Real Estate Investment Trusts (REITs)
- Recreational vehicles (RVs, campers, boats, airplanes)
- Rental property and rental Income
- Retained earning in company
- Retirement accounts (Keoghs, 401(k), 403(b), 457, Traditional IRA, Roth IRA, SEP IRA, SAR-IRA, Simple IRA)
- Retirement plan documents
- Retirement plan survivors benefits
- Royalties
- Safe deposit box contents
- Season tickets (cultural and sporting events)
- Silver
- Social Security benefits
- Stamp collections
- State and Local Municipal Bonds
- Stock dividends
- Tax refunds due
- Tax sheltered and deferred annuities
- Tenancy in common in real property
- Timeshares
- Tips
- Tools
- Treasury bills
- Unemployment income
- Vehicles (cars, trucks, and motorcycles)
- Wage, pay stubs, and W-2 Records
- Workers’ compensation claim or award
- Zero coupon bonds (corporate and municipal)
Marital Debts (Mortgages, Lines of Credit, Credit Cards and Loans)
We use technology to search for “marital debts” (e.g. mortgages, trust deeds, bank loans, lines of credit, credit cards). These credit accounts may be joint or personal. We do this with detailed financial searches and by reviewing financial software (e.g. Quicken), spreadsheets, emails, and other financial file data types. We not only review evidence on computers but also cell phones and online databases. Here is a partial list of marital debts we search for:
- Accidental death or dismemberment insurance
- Business budgets
- Business expense software (budget and expense software and spreadsheets)
- Business expense summaries
- Clothing
- Credit card accounts
- Dental care
- Disability Insurance
- Eye care
- Family loans
- Garnishments
- Health insurance
- Health savings accounts (HSAs)
- Home repairs
- Home supplies
- Homeowners association Dues
- Homeowners insurance
- Housecleaning
- Lab costs
- Lawn service
- Life insurance
- Lines of credit (home equity or personal lines of credit)
- Long-term care insurance
- Medical care
- Medication
- Mental health care
- Mortgage contract and mortgage statements
- Personal property insurance
- Personal property taxes
- Pest control
- Pool care
- Promissory notes
- Real estate taxes
- Secured loans
- Student and educational loans or financial aid
- Trust deed
- Umbrella insurance
- Vehicle loans
- Writs of execution
Property Division: Other Financial Information
With property division, we routinely collect, search for, and provide the following types of information to lawyers:
- Bankruptcy of either parent (typically a Chapter 7 or Chapter 13 bankruptcy)
- Calendars
- Credit score and credit rating by credit bureaus (see credit report section).
- Tax credits
- Tax deductions.
- Tax exemptions
Tax Return Information and Schedules
Tax returns details are very important as a party can sometimes try to produce fraudulent tax returns. We search through data contained on computers, cell phones, in emails and relevant online financial files to help the lawyer ascertain what the true tax returns are. The information provided is relevant to such schedules as:
- Schedule A: Itemized Deductions
- Schedule B: Interest and Ordinary Dividends
- Schedule C: Profit and Loss from Business
- Schedule D: Capital Gains and Losses
- Schedule E: Real Estate, Royalties, Partnerships, Trusts
If there is a family business, we also collect information on the following business tax returns for the lawyer to review:
- Business 1099 Forms
- Corporate Tax Returns
- Partnership K-1 Tax Forms
Valuation of Property
We find documentation relating to the acquisition and current valuation (fair market value) of marital assets, including real property, valuable personal property, and investments. This will help the parties:
- Determine an equitable valuation of the assets for settlement
- Provide information to an appraiser or valuation expert
- Submit as evidence if litigation is necessary
Property Division Tax Issues
We collect tax information from computers and cell phones that lawyers need to evaluate the tax benefits and tax consequences regarding the division, sale, and acquisition of assets. Tax issues may include the triggering of a taxable event or the type of tax to pay (e.g. ordinary or capital gains tax rate).
Military Pensions, Benefits and Issues
We search for military pensions and benefits in computer files, emails, and cell phones and assist lawyers in collecting information from state and federal government agencies. The gathered information typically relates to:
- Military Pensions
- Service Members Group Life Insurance
- Survivor Benefit Plans
- Thrift Savings Plans
Property Division and Valuation Experts
Lawyers often provide evidence we collect about marital assets and debts to expert witnesses. For example:
- Accountants
- Actuaries
- Bankers
- Business Appraisers
- Business Valuation Experts
- CPAs
- Employer Benefits Personnel
- Financial Planners
- Forensic Accountants
- General Accountants
- Insurance Agents
- Money Managers
- Mortgage Brokers
- Private Investigators or Private Detectives
- Real Estate Agents
- Real Estate Brokers
- Real Property Appraisers
- Retirement Planning Advisors
- Stockbrokers
- Tax Advisors
- Title Company Agents