If you're sued, can you simply hide your international cash in an international bank account?
Posted on Aug 3, 2015 5:00am PDT
International banking records are normally privacy protected against U.S.
court orders and subpoenas, and international financial centers banks
are jurisdictionally immune to service of process. IFC’s banks cannot
divulge your financial information to third parties except as permitted
under narrow treaty provisions. Because international banks are jurisdictionally
immune to service of process, they can also ban U.S. writs of execution
or attachment orders. The privacy laws of most IFCs can protect funds
from creditor seizure originating from a U.S. judgment. They can also
protect the confidentiality of financial transactions passing through
the bank. Still, you need a protective entity – such as an international
trust or international LLC – to protect yourself against a U.S.
turnover or disgorgement order. Creditors may discover your international
accounts. Nor can you refuse to disclose them under discovery processes,
if you are asked about them. Finally, the existence of these accounts
must be reported to the IRS, and this information may be obtained by your
creditor. Concealing or hiding is never a good protective strategy!