TOPICAL ROLE FOR THE ATTORNEY'S ROLE IN DISCOVERY OF HIDDEN ASSETS
By Ronald B. Rosen, Esq.
West Long Branch, NJ
I. Attorney to amass information received through discovery.
II. Employment of a private investigator to find out what has not been supplied.
III. Employment of a forensic accountant to analyze what was found by either attorney
or private investigator.
IV. Provide accountant information to analyze information as it is possible.
A. Case Information Statement
a) Sworn statement of assets and liabilities
B. Interrogatories
a) The same as asking the questions repeatedly on Cross-examination.
C. Depositions
a) Almost everything else is available.
D. Tax returns
Sworn to and filed with the "government."
a) Look for the bank Interest
b) Look for stock Sales
E. Checking account statements
Total Deposits vs. Total Income
Check Registers
a) life style
hair care, etc.
stores frequented
charities
safe deposit box rentals
b) investments
c) auto payments
not for family
d) boat payments
e) payments to Mom, friends, etc.
f) cash or no cash spent
g) pocket money
Original Checks
a) memos
b) where deposited or cashed (Bank of Ireland, example)
Savings account statements
a) totals deposited
b) frequency
c) amount
F. Husband's computer, disks in house
Computer type
Access to computer
Copy disks
G. Office at work
Access
Help from staff personnel
H. Wallet
Only if it falls out or is in "plain view"
I. Mortgage or credit applications
For autos
Home Equity lines
Atlantic City
J. Credit line - Atlantic City
V. Wife as a source
A. Cash expenditures
B. Entire paycheck given to wife
C. Bragging by Husband
VI. Discovery Rules
A. Notice to Produce, Rule 4:18-1
B. Depositions, Rule 4:11, et seq. and Rule 4:10-2 (d) (2) of any person except
family members under age 18, as to all issues except the grounds for divorce.