Continued from page 1
The age of
Uniform Commercial Code Financial Statement (they expire after five years in 48 states) would determine
extent of possible equity in equipment and fixtures, which may pertain to an individual and/or his business. In
case of a manufacturing facility, with depreciation schedules as they are, clearly a 4 ½-yearold UCC-1 on a piece of equipment that was purchased new at
time
UCC was filed would still retain equity, and thus constitute
discovery of a “hidden” asset which may be liquidated.
There is also a little known side of
UCC spectrum that is often ignored by examiners. This is searching for “Secured Party” status on a UCC-1. Clearly, this would be where
subject is, in fact,
Creditor on a UCC-1, with
implications of
discovery of this type of hidden asset quite obvious. Many states do not provide “Secured Party” status indexing, and thus, while it is not available in most states, it can be expected within certain state jurisdictions where
asset search will be based.
Sole Proprietorship Entities
A search should be conducted of
Fictitious Business Name and/or Assumed Name Index of
applicable county or parish level of jurisdiction to determine if
subject’s name appears as a Registrant, or Declarant of a Fictitious Business Name or Assumed Name Registration. The discovery of these items usually constitutes
discovery of additional bank account search possibilities, as well as entities and/or enterprises that may be unknown to
institution or client.
Other Assets In many instances, an individual could hold offshore assets in
form of trusts, partnerships, and so forth. A thorough search of applicable public records within
jurisdictions germane to
activities of
subject can often reveal information, which might lead to
discovery of these offshore assets. This particular type of asset search is highly sophisticated, and should be left specifically to agencies that have demonstrated high levels of competence in international asset research. The trustworthiness of
agency should be scrutinized before entering into a contract.
LIABILITIES
Litigation
A search should be conducted of
applicable jurisdiction to determine
extent of possible litigation involving
subject from both current and prior perspectives. A standard expectation for
research should be primarily an index review of
cases, which are outstanding, and if required, an analysis to determine
extent of “pending” lawsuits, which, as of
date of
report, remain unresolved. The search should be conducted on a ten-year basis, with
pending actions focused within a five-year window.
Federal, State, and Local Tax Liens
A search of
applicable jurisdictions should be made in
Recorder’s Office to determine
extent of federal, state and/or local tax liens that might impact
net equity position of
subject. The existence of, for example, a $150,000 federal tax lien could wipe out all equity positions enjoyed by
assets discovered throughout
course of
research. Thus,
discovery of this liability is critically important in
assessment of
subject’s net worth and ability to pay.
Bankruptcies
A search should be conducted through applicable jurisdictions germane to
residences and/or activities of
subject of
U.S. District Bankruptcy Court records for a ten-year period. The purpose of this research is to determine if
subject has established a pattern of filing bankruptcy, and/or possibly (in
event a bankruptcy is discovered) to scrutinize
assets and/or creditor’s list to determine if there was fraudulent misrepresentation of assets and/or liabilities at
outset of
credit relationship with
institution.
Judgments
Searches for Abstracts of Judgments, or Judgments, are usually conducted in
applicable jurisdiction’s Recorder’s Grantee/Grantor Indices. The searches should reflect primary judgments that were filed in
applicable jurisdiction by
court, and can be included in
research for pending and/or previous lawsuits at
court jurisdiction level. The Abstract of Judgment concept is that a particular judgment is “extracted” from
court records, and “abstracted” to
county jurisdiction, in order to encumber items of personal and/or real property which are identified, and are targeted for attachment and liquidation to pay off
claim. Plaintiff actions can be considered potential assets, and should not be overlooked.
Miscellaneous Liabilities
Additional searches should be conducted on a wide-area basis, both at
state level (Secretary of State) and
county or parish jurisdictional level, to determine if additional liabilities exist from
standpoint of judgments, tax liens, or county-based UCC Financing Statements. These identify specific types of assets such as crops, timber, and inventory. They are not usually found at
state level UCC search, and most agencies do not provide them unless requested to do so. This search is more specifically covered in
following Intelligence section.
Intelligence
In any good asset search,
fraud examiner should develop intelligence throughout
course of
research that would refer to information as specified above concerning additional names on real estate ownership, transferee names, and so forth. Additional modules of research that should be conducted include criminal histories on
individuals targeted within
asset search, as well as a search for evidence of known connections with other business enterprises and/or individuals with whom regular associations are engaged.
There are multiple methods of access to this type of information, not
least of which would constitute a surveillance (highly unusual in an asset search) which would identify
comings and goings of
subjects at hand, and would assist in
identification of
“intelligence” type of data. Additional information is developed with respect to
assets, in order to assist in
determination of
market value so that a net equity figure can be derived for one asset, or a group of assets, from all levels.
To delve into
methods of this type of discovery would be to get into
mind of
fraud examiner working
case, and shall not be addressed in this article, but should be included in an overview process in
Intelligence Section of any asset search report.
Some other instances where information would be helpful include areas where other tangible net worth is discovered, such as intelligence provided by developed sources close to
subject regarding stamp collections, gold coin collections, cash under a mattress, and so forth. This information is highly inconsistent within
context of a normal asset search, and, while hoped for, should not be expected as a matter of doing business with a particular fraud examiner. Go to www.apscreen.com for
remainder of this article.
