LA Probate Law Recovering Stolen Assets
Assets must normally be recovered through a civil lawsuit or action. In some instances, the probate court has expedited procedures that allow asset recovery for the victims of elder abuse.
If the victim is not able to protect himself, the probate court is empowered to appoint a conservator to pursue asset recovery. Interested parties such as heirs and beneficiaries are also entitled to seek court intervention. LA Probate Law has substantial experience with elder abuse and has recovered hundreds of thousands of dollars stolen assets for elders. If you find your loved one in trouble, please contact us immediately.
If your loved one is the victim of a crime, you should contact the authorities immediately. Please be warned, however, that in these situations you should also consult with a private attorney. Frequently governmental agencies do not have the resources to investigate the problems or will limit their investigation if they deem it a civil matter. Also, governmental agencies will stop their investigations if the abuser is “slick” or can convince the authorities that his actions are legitimate. LA Probate Law has frequently worked in conjunction with agencies such as Adult Protective Services to help victims of elder abuse.
Asset recovery is a complex process
The legal tools and procedures used by jurisdictions are not all the same. Law enforcement, prosecutors and investigating magistrates have to know how to navigate the laws of other countries and be prepared for a lengthy campaign. Taking a broader perspective, the note briefly reviews third party approaches to asset recovery and their implications for the asset recovery regime. LA Probate Law says that includes: transnational criminal approaches, human rights approaches and third party civil litigation. Developments in this area are unlikely to be driven through a negotiated process in the framework of international agreement. Instead, alternative avenues will be opened through the decisions of national authorities, judiciaries and activist litigants. Cases following human rights approaches are currently before national and regional courts.
Preventative measures often fail
Anti-money laundering measures that should intercept stolen assets are not fully or effectively implemented. If corrupt leaders and officials never had the chance to deposit stolen assets into a foreign financial system in the first place, there would be no need for recovery! The obstacles may sound daunting, but we must not lose hope. In recent years, some countries have made asset recovery more of a priority and taken important steps towards overcoming the barriers says LA Probate Law. There is clearly room to improve the stolen asset recovery process, which is important as nations rebuild and pursue a course of transparency and economic growth. When jurisdictions work together to overcome the obstacles, stolen assets can be returned to the citizens to whom they rightfully belong.