What Does an Asset Protection Specialist Do? - Federal Lawyer
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What Does an Asset Protection Specialist Do?

Do you need an asset protection specialist? For high-net-worth individuals, working with an attorney who practices in the area of asset protection is key. Ethics rules generally prevent attorneys in the United States from claiming to “specialize” in any practice area, and we do not call ourselves asset protection specialists. While there are non-attorney asset protection specialists out there, these non-attorneys generally lack the insights and capabilities required to provide effective asset protection representation (and risk engaging in the unauthorized practice of law).

Nick Oberheiden
Attorney Nick Oberheiden
Asset Protection Specialist Team Leadenvelope iconContact Nick
Alina Veneziano
Attorney Alina Veneziano
Asset Protection Specialist Team Lead
Attorney & CPAenvelope iconContact Alina
John W. Sellers
Attorney John Sellers
Asset Protection Specialist Team Lead
Former DOJ Trial Attorneyenvelope iconContact John

So, if you are a high-net-worth individual looking for an asset protection specialist, what you most likely really need is an asset protection attorney. An experienced asset protection attorney will be able to provide custom-tailored legal advice focused specifically on protecting your assets over the long term. At Oberheiden P.C., we routinely assist high-net-worth individuals with asset protection, and our attorneys are intimately familiar with the tools and strategies that are available both in the U.S. and abroad.

10 Keys to Asset Protection: What We Do for Our Clients

How can our asset protection attorneys help you? Here is an overview of what we do for our clients:

1. Identifying Potential Risks that Could Put Your Assets in Jeopardy

When you engage an asset protection attorney at Oberheiden P.C., your attorney will begin by identifying potential risks that could put your assets in jeopardy. The list is likely longer—and perhaps much longer—than you think. High-net-worth individuals face liability risks on a daily basis in both their professional and personal lives. This includes, but is by no means limited to, risks such as:

  • Directors’ and officers’ liability lawsuits
  • Professional liability lawsuits
  • Commercial lawsuits seeking to “pierce the corporate veil”
  • Litigation between business partners
  • Personal injury and wrongful death lawsuits (including lawsuits arising out of vehicle collisions caused by high-net-worth individuals’ children)
  • Premises liability lawsuits involving investment and residential properties
  • Governmental investigations targeting tax evasion, securities fraud, and other white-collar crimes
  • Divorce litigation (or litigation arising out of dissolution of a domestic partnership)
  • Other family-related disputes and litigation
  • Other civil and criminal allegations that aren’t covered under an existing insurance policy

Even these are just examples. If you have accumulated significant wealth over your lifetime, you are a target. There is simply no other way to put it. As a result, you need to protect yourself, and the first step is understanding what you need to protect against.

2. Investigating Allegations and Preparing for Litigation

In the event that you are targeted with allegations, you will need to know how to respond effectively. This requires a prompt and comprehensive investigation of the circumstances at hand. Whether the allegations against you can be substantiated or they are entirely fabricated, knowing the facts is the first step toward building an effective defense strategy.

Experienced asset protection attorneys will be well-versed in the procedures for investigating both civil and criminal allegations. At Oberheiden P.C., many of our attorneys are former U.S. Department of Justice (DOJ) attorneys who have extensive experience conducting investigations in both the public and private sectors. In addition, our team includes a nationwide network of investigators who have prior experience as high-ranking Special Agents within the Federal Bureau of Investigation (FBI), Internal Revenue Service Criminal Investigation (IRS CI), and other federal law enforcement agencies.

3. Responding to Governmental Audits and Investigations

In addition to conducting investigations in response to civil allegations, our asset protection attorneys also assist high-net-worth individuals with responding to governmental audits and investigations. These inquiries can present substantial risks—including not only the risk of financial liability, but also the risk of federal imprisonment in some cases.

With our attorneys’ and investigators’ prior federal government experience, we are intimately familiar with the DOJ, FBI, IRS, and other federal agencies’ auditing and investigative tactics and procedures. We intervene in federal audits and investigations to slow down the process and give our clients the time needed to execute informed and strategic defenses. While litigation and audit appeals will be necessary in some cases, we have an extensive track record of resolving our clients’ audits and investigations without formal charges being filed.

4. Litigating Claims and Complaints with a Focus on Liability Prevention

In both civil and criminal litigation, our attorneys take a proactive approach focused on liability prevention. Our priority in every case is to minimize our client’s exposure to the fullest extent possible. Oftentimes, this means executing a defense strategy focused on dismissal. However, when settlement is warranted, we leverage the evidence that is available (or the lack of evidence supporting the plaintiff’s or government’s allegations) to target an efficient, favorable, and confidential out-of-court settlement.

5. Assessing Options for Asset Protection in the United States

While responding to allegations, investigations, and litigation will be a necessary form of asset protection in some cases, high-net-worth individuals can also mitigate their risk through proactive asset protection strategies. This, too, is an area where non-attorney asset protection specialists generally are unable to help—since establishing trusts, forming limited liability companies (LLCs), and taking the other steps necessary to implement an asset protection strategy involve legal representation.

There are several options available when it comes to domestic asset protection tools in the United States. For some high-net-worth individuals, using these domestic tools will be enough. Through trusts, LLCs, restructuring ownership of real estate and other high-value assets, and other means, we are able to help many of our clients meet their asset protection needs without implementing strategies that involve going abroad.

6. Assessing Options for Asset Protection Abroad

With that said, going abroad can be a highly effective means of asset protection. Offshore asset protection trusts and other foreign asset protection tools often offer protection and privacy that are superior to what is available domestically in the United States. Countries such as Belize, the Cayman Islands, the Cook Islands, Nevis, and Luxembourg have enacted laws that are highly favorable to foreign individuals who are seeking to shield their assets from potential liabilities in the U.S. and around the world.

In addition to assessing your options for asset protection in the United States, an experienced asset protection attorney will also be able to assist with assessing your options abroad. This is yet another area where a non-attorney asset protection specialist will be unable to provide guidance and representation. Yet, for many high-net-worth individuals, moving certain assets offshore is the best option—and it is critical that you work with counsel who can assist with doing everything that is necessary to ensure that your assets are as secure as possible.

7. Developing and Implementing Comprehensive Asset Protection Strategies

After assessing your options in the U.S. and abroad, our attorneys can develop and implement a comprehensive asset protection strategy that is custom-tailored to your personal assets and risks. The steps and investment involved in this process will depend on the scope of your risks and the complexity of your asset protection needs. With that said, putting in place an effective asset protection strategy is well worth it, as liability risk—both anticipated and unanticipated—can jeopardize your financial and non-financial holdings if you don’t have an effective strategy in place.

8. Providing Ongoing Advice and Assistance with Asset Protection

Our asset protection attorneys’ representation does not end with the implementation of our clients’ asset protection strategies. We also provide ongoing advice and assistance with asset protection. By regularly communicating with our high-net-worth clients, we are able to help them anticipate and proactively address potential risks, and we are able to help them effectively protect the additional assets that they acquire and cultivate over time.

9. Modifying and Supplementing Asset Protection Strategies as Necessary

In this same vein, it is important to understand that an asset protection strategy is not a static entity. Instead, it is a set of tools that can (and should) be modified and supplemented over time. As your risks change, and as the value of your estate continues to grow, you will need to be able to work with your counsel to address these changes appropriately. Maintaining a close working relationship with the asset protection attorney who created your initial strategy is one of the best ways to ensure that you maintain maximum protection on an ongoing basis.

10. Addressing Tax, Estate Planning, and Other Related Considerations

Finally, in addition to addressing your asset protection needs, an experienced attorney will also be able to help you address tax, estate planning, and other related considerations. This is another area still where a non-attorney asset protection specialist will not be able to assist. At Oberheiden P.C., we provide full-service legal representation to our high-net-worth clients, and we take a proactive, strategic, and custom-tailored approach to everything we do.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester
Brian J. Kuester

Former U.S. Attorney

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney

Local Counsel

John W. Sellers
John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara
Linda Julin McNamara

Federal Appeals Attorney

Aaron L. Wiley
Aaron L. Wiley

Former DOJ attorney

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (DOJ)

Chris Quick
Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow
Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

Speak with an Asset Protection Attorney at Oberheiden P.C. in Confidence

Do you have questions about working with an asset protection attorney to protect your wealth? If so, we invite you to get in touch. To arrange a complimentary initial consultation with a senior asset protection attorney at Oberheiden P.C, please call 888-680-1745 or inquire online today.

Why Clients Trust Oberheiden P.C.

  • 2,000+ Cases Won
  • Available Nights & Weekends
  • Experienced Trial Attorneys
  • Former Department of Justice Trial Attorney
  • Former Federal Prosecutors, U.S. Attorney’s Office
  • Former Agents from FBI, OIG, DEA
  • Serving Clients Nationwide
Email Us 888-680-1745
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