We help you structure your business and personal financial affairs with a view to protect your hard-earned income (including future wealth accumulation) from future possible lawsuits or other subsequent creditor claims.
In today's legal environment, plaintiffs carry enormous power. Recognizing that you may have accumulated enormous wealth and that your time is precious, plaintiff's and their contingent fee-based legal counsel use leverage to negotiate enormous pre-trial settlements. Furthermore, "deep pocket" defendants are weary of jury awards which may include large compensatory and punitive damages. The goal of asset protection strategic planning is to provide substantive legal barriers to promote mediation and early settlement of lawsuits that might otherwise result in lengthy and costly trials.
You would never think of waiting until your house catches fire before purchasing casualty insurance. Why wait until you are "accused" of injuring an individual before protecting your assets?
Our international wealth preservation programs include a variety of legitimate and proven techniques which are used to significantly minimize the client's financial profile and liability exposure, thereby protecting both business and personal assets. All professionals are subjected to a heightened risk of lawsuits. We advise clients to take a proactive approach in preserving their wealth.
It is critical to implement Wealth Preservation Strategies well before an unknown future creditor appears on the scene. Situations where creditor claims may materialize include:
Normal Business Risks (including malpractice).
Car accidents and other property casualties.
Investment properties (e.g. lead paint poisoning and environmental hazards).
Home (including marital disputes).
There are a number of U.S. trust and partnership entities which can, to some extent, assist with wealth preservation. However, U.S. individuals and businesses can no longer rely on U.S. laws and the judicial system to provide adequate asset protection. Jurisdictions outside the U.S. offer a higher degree of security; while allowing you a greater degree of control.
There is a constant tug of war between the degree of control a client retains over their assets and the corresponding safety of those assets. The more control one retains, the lesser is the security, and vice-versa.
The U.S. legal system provides creditors with enormous legal strengths. For example, plaintiff's are allowed great latitude in obtaining evidence through the legal discovery process. Moreover, pre-trial depositions of defendant and witnesses may be very costly and extremely time consuming. It is not unusual that while searching for evidence, the plaintiff discovers additional support for other legal action. This may include a cause of action such as employment discrimination, which can include wage and hour, workplace safety and conditions, harassment, age, sex, race, disability discrimination, etc.
Although commercial and personal liability insurance is highly recommended, it does not provide adequate protection. Often, insurance policy coverage is insufficient or too costly to maintain. Insurance may be unavailable or simply contain too many exclusions for certain events.
Therefore, you should consider using foreign jurisdictions to provide greater protection of your hard-earned wealth!
To insulate your assets, we recommend taking advantage of the more favorable asset protection statutes of certain non-U.S. jurisdictions. Our program combines the use of local strategies with those available globally. For a comparison of various offshore jurisdictions, please refer to the enclosed table with commentary prepared by our firm. This chart describes an extensive survey completed among the following countries: Cook Islands, Bahamas and Cayman Islands. For a more comprehensive 14 country comparison refer to Barry S. Engel's APT jurisdiction table.
The Cook Islands has been and remains at the forefront of International Trust legislation. Our firm keeps up to date by attending numerous conferences and seminars lead by authorities in this area. In addition, we have frequent meetings with Cook Island's attorneys and trust administrators.
The following factors offer significant advantages in using a Cook Island wealth preservation trust structure.
Control: Clients can retain significant control and safeguard their assets.
Burden of proof: Fraud must be proven beyond a reasonable doubt by the creditor.
Statute of Limitations: Transactions are deemed proper if the time between the settlement and the claim is over 2 years.
Contingency fees: prohibited by law.
Trust validity: The trust is valid even if fraudulent intent is found. The claim is met by the trust directly.
Foreign Judgments not recognized: Regardless of any treaty, statute or rule of law/equity, only the law of the Cook Islands is recognized as applicable and conclusive.
Note: the structure is tax neutral. Also, estate planning strategies and benefits are fully maintained.
Infinity Capital Management
1050 E. Flamingo Rd. Suite E227
Las Vegas, Nevada 89119, USA
Email: info@infinitycapital.com
Phone: USA-702-228-3499
Fax: USA-702-383-5079