When assets are hidden or transferred fraudulently to avoid legal responsibility — whether in a divorce, inheritance dispute, or bankruptcy — the law allows you to pursue legal action not just against the main perpetrator but also against anyone who knowingly helped them. This includes family members, friends, or business partners who acted as fronts, held property, or facilitated the deception.
1. Who Can Be Subpoenaed or Sued for Asset Fraud?
You can take legal action against any person who:
- Participated in transferring or hiding assets.
- Held assets in their name to shield them from court scrutiny.
- Knowingly signed false documents (e.g., fake debts or gift transfers).
- Helped launder money or create sham companies.
- Lied under oath to protect the fraudulent party.
This includes:
- Children, siblings, or parents who “held” property or bank accounts.
- Friends who posed as creditors in sham transactions.
- Lawyers or accountants who actively assisted in the concealment.
- Business partners who created false contracts or invoicing.
2. Subpoenas: What They Are and How They Help
A subpoena is a legal document that requires someone to:
- Testify in court or at a deposition under oath.
- Produce documents such as bank records, emails, contracts, or financial statements.
You or your attorney can subpoena:
- Family members involved in suspicious transfers.
- Financial institutions where money may be hidden.
- Third parties who acted as fronts or co-conspirators.
A subpoena is particularly useful when someone is withholding information or refusing to cooperate.
3. Civil Lawsuits: Suing for Fraud or Financial Harm
You may file a civil lawsuit against any person who:
- Participated in a fraudulent transfer (e.g., a sibling who received your ex-partner’s property as a sham gift).
- Caused you to suffer financial loss through deception.
- Obstructed justice or violated their legal duty of honesty in proceedings.
Lawsuits can demand:
- Return of assets (restoration).
- Monetary compensation for losses.
- Punitive damages for intentional misconduct.
- Legal costs to be paid by the offending party.
4. Legal Grounds You Can Rely On
Here are common legal arguments used in these cases:
● Fraudulent Conveyance / Transfer
Used when someone moves property to another person or entity to avoid legal obligations. Courts can reverse such transfers.
● Aiding and Abetting Fraud
If someone knowingly helped commit or conceal fraud, they can be held liable.
● Civil Conspiracy
Two or more people acting together to defraud another party — even if they weren’t the primary defendant.
● Constructive Trust
Used to force someone to hold property “in trust” for the rightful owner (you), based on fairness.
5. What You Need to Prepare
Before taking action, gather:
- Documented proof of transfers (property deeds, bank transactions).
- Email or text communications showing intent or collaboration.
- Witness testimony (your own or others who knew about the deception).
- Expert reports from accountants or forensic investigators.
Your lawyer will help you package this into a clear, compelling legal case.
6. Criminal Implications
If the behavior is particularly severe, you can also report the conduct to police or financial crime investigators. Potential charges may include:
- Fraud
- Perjury
- Money laundering
- Obstruction of justice
Criminal cases are handled by public prosecutors and can result in fines or jail time — but civil court is where you recover your losses.
7. Real-Life Example
● The “Gifted” Property Scam
In a UK divorce case, a husband transferred a holiday home to his brother days before filing for divorce, calling it a “gift.” The wife’s team subpoenaed the brother, who initially denied knowing about the divorce. Bank transfers and WhatsApp messages told another story. The court ruled the property had been transferred to defraud the wife. The judge reversed the transfer, fined both brothers, and ordered the wife receive 65% of the total marital estate.
Final Thoughts: Standing Up Against Collusion
When you have evidence of collusion or asset fraud, do not let fear, pressure, or guilt stop you from pursuing justice. Fraud involving family members is still fraud. The law exists to protect you — and courts have no tolerance for manipulation, deception, or betrayal in legal proceedings.
By subpoenaing key people and taking civil action, you don’t just defend your rights — you set a precedent that honesty, accountability, and fairness matter.
