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Financial Forensic Report 7.6.2021

TAKE FROM A MAN THAT WHICH HE CHERISHES AND HE WILL FOLLOW YOUR WAYS (DESIRES)

FROM THE ART OF WAR BY SUN TZU

It proves to be time year after year, case after case, if you do in fact take from a person, using the legal process, they in fact will usually agree to a significant settlement, often being 100% of the judgment against them. You first take what is near and dear to them and then convince them you have just begun. I often explain to the debtor that they need to understand that I am their new business partner and that I will continue to take their assets plus part of every dollar they make for the rest of their life, or until my client is paid in full, plus costs, legal fees, and on-going interest on the balance due. 

Obviously, then the first thing we want to do in a judgment enforcement case is to find out what any judgment debtor cherishes, what is near and dear to his heart, so we can immediately take it and get his undivided attention. There is really no sophisticated legal techniques needed here, no magic, no specific skills needed – just applying what most all of us know from our everyday life experiences. Ill share with you here a series of my favorites that everyone seems to overlook. 

Many of us are purchasing a home, have purchased a home, or at least know and understand the basics of how the process works. If you have a mortgage, you are making monthly payments. Those payments consist of four things: PITI. Of course, P and I refer to principal and interest payments. The T and I are the taxes and insurance. The lender collects and pays the taxes and insurance to protect their interest in the collateral (the home you are buying). They collect and pay the taxes so they do not risk losing the home to a tax sale because they failed to pay their real estate taxes. Likewise, they collect and pay the insurance premium so if the house burns down they get their money. 

If you own valuable personal property, such as jewelry, art work, guns, collectables like rare coins, stamps, etc., furs, trophies, and so forth, those valuable will not be found in any public records research. They will be scheduled on an attachment to your homeowners insurance policy. 

Therefore, the first subpoena goes to the mortgage company for the name and address of the insurance company they are escrowing for and paying, along with the policy number. The next subpoena goes to the insurance company for a copy of the policy with all adamants and schedules thereto. You now have a list of all the exceptionally valuable personal property owned by your judgment debtor. No one pays insurance on a Rolex he does not own. 

With this information, your attorney can now take this legally obtained evidence to the judge and obtain a Writ of Execution (or it’s equivalent) and with that the home can be raided and all listed assets can be taken. We always ask the attorney to also ask the court to grant authority to take all electronic communication devices, such as computer, iPads and cell phones, and do a forensic analysis thereof. We have never been turned down on this by a court. Remember, while legally in the home, the Sherriff can take all non-exempt assets to sell at the auction. Often, we just allow the debtor to buy his assets back for the total amount of the judment. With the information from the forensic analysis of the electronic devices, we often get a true blueprint of where in the world the debtor may be hiding his most valuable assets, which we normally recover.

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Diagnostic & Prescriptive Judgment Enforcement
By: Joe H. Dickerson, CFE

$24.95 + FREE S&H

Please place your book orders by calling
303.974.5610
during normal business hours Mon-Fri 9am-5pm MT.
or email joe@financialforensicservices.comand make an appointment
for a FREE initial review of your judgment. Thank you!

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Testimonial

“Joe spends the time to understand the problem from the client’s perspective and from the legal perspective. He is intelligent, tenacious, willing to work as hard as it takes, thorough, well-informed, and just awfully good at what he does.”

Thomas E. Root, 
Attorney

2014-11-11T18:20:05+00:00

Thomas E. Root, 
Attorney

“Joe spends the time to understand the problem from the client’s perspective and from the legal perspective. He is intelligent, tenacious, willing to work as hard as it takes, thorough, well-informed, and just awfully good at what he does.”

“When I was general counsel for First Interstate Bank, I used Joe Dickerson for locating assets, investigating behavior and asset discovery. He did excellent work and always got the information I needed without compromising the bank in any way. He’s more thorough and kept in better touch with me than other investigators. I’d give him a grade of 96 or 97 out of 100.”

Frank Brainerd, Retired
Banker/Attorney

2014-11-11T18:20:20+00:00

Frank Brainerd, Retired
Banker/Attorney

“When I was general counsel for First Interstate Bank, I used Joe Dickerson for locating assets, investigating behavior and asset discovery. He did excellent work and always got the information I needed without compromising the bank in any way. He’s more thorough and kept in better touch with me than other investigators. I’d give him a grade of 96 or 97 out of 100.”

“As an environmental law firm, we use Joe Dickerson to locate prior business owners and do corporate genealogies. He is persistent, that’s the key to a good investigator, and he has a knack for understanding how people move money and do business. That tells him what rocks to look under. Joe is vastly superior to other investigators in two ways: he lets you know what’s going on and he’s honest with you, because he tells you if there’s really anything there worth pursuing. He is unusually thorough and creative finding people. Joe has earned his fee every time.” “If the information is to be found, then I believe that they will find it. Their service enabled me to do a much better job for my client.”

Tim Gabelhouse
, Attorney at Law

2014-11-11T18:20:41+00:00

Tim Gabelhouse
, Attorney at Law

“As an environmental law firm, we use Joe Dickerson to locate prior business owners and do corporate genealogies. He is persistent, that’s the key to a good investigator, and he has a knack for understanding how people move money and do business. That tells him what rocks to look under. Joe is vastly superior to other investigators in two ways: he lets you know what’s going on and he’s honest with you, because he tells you if there’s really anything there worth pursuing. He is unusually thorough and creative finding people. Joe has earned his fee every time.” “If the information is to be found, then I believe that they will find it. Their service enabled me to do a much better job for my client.”

“Joe Dickerson is the industry standard. You can measure the rest by what he does, and I say that without equivocation. Joe has incredible insight into the dark world of fraud. He understands the devious ways in which people perpetrate white-collar crime.”

Jan Schlichtman
, Attorney at Law

2014-11-11T18:20:55+00:00

Jan Schlichtman
, Attorney at Law

“Joe Dickerson is the industry standard. You can measure the rest by what he does, and I say that without equivocation. Joe has incredible insight into the dark world of fraud. He understands the devious ways in which people perpetrate white-collar crime.”

“Financial Forensic Services did an excellent job in the way they executed my case. They were very straightforward. They stated what they could do for us and they did it. And, from a personal standpoint, they are excellent. Both my wife and I felt very comfortable working with them.”

Michael Whalen, 
Businessman

2014-11-11T18:21:13+00:00

Michael Whalen, 
Businessman

“Financial Forensic Services did an excellent job in the way they executed my case. They were very straightforward. They stated what they could do for us and they did it. And, from a personal standpoint, they are excellent. Both my wife and I felt very comfortable working with them.”

” I was prepared to dismiss a federal case involving millions of dollars against a local individual who claimed to have no substantial assets. After your staff hit the records and delved into the transactions behind the transactions, you discovered the individual to actually be worth a few million dollars. We continued the case to conclusion. We were also very happy with the financial background examinations you conducted of the former directors of two failed national banks. The heart of any civil case is whether there is a pot at the end of the lawsuit. You were our lucky leprechaun in finding such pots.”

R. Michael Sentel
, Former Section Chief Legal Division, FDIC

2014-11-11T18:13:08+00:00

R. Michael Sentel
, Former Section Chief Legal Division, FDIC

” I was prepared to dismiss a federal case involving millions of dollars against a local individual who claimed to have no substantial assets. After your staff hit the records and delved into the transactions behind the transactions, you discovered the individual to actually be worth a few million dollars. We continued the case to conclusion. We were also very happy with the financial background examinations you conducted of the former directors of two failed national banks. The heart of any civil case is whether there is a pot at the end of the lawsuit. You were our lucky leprechaun in finding such pots.”

“They went overboard in providing excellent service. I was very pleased with what they provided for me as their end product. Financial Forensic Services really understands how a case needs to be put together in order to be presented to a jury. Their PowerPoint presentation tied everything together. It was thorough, it was concise, and it got the job done.”

Jim Thomas
, Prosecuting Attorney

2014-11-11T18:21:32+00:00

Jim Thomas
, Prosecuting Attorney

“They went overboard in providing excellent service. I was very pleased with what they provided for me as their end product. Financial Forensic Services really understands how a case needs to be put together in order to be presented to a jury. Their PowerPoint presentation tied everything together. It was thorough, it was concise, and it got the job done.”

“Joe is the most competent investigator I’ve ever found. He has rare ability to find hidden assets. Others claim it, Joe has it. He understands the Rules of Evidence, he knows how to talk to people to develop a fact pattern, and he has a sixth sense for fraud. Joe has unquestioned integrity and delivers value for his services.”

Andrew Quiat
, Attorney

2014-11-11T18:12:51+00:00

Andrew Quiat
, Attorney

“Joe is the most competent investigator I’ve ever found. He has rare ability to find hidden assets. Others claim it, Joe has it. He understands the Rules of Evidence, he knows how to talk to people to develop a fact pattern, and he has a sixth sense for fraud. Joe has unquestioned integrity and delivers value for his services.”