Protect what you’ve built. Secure what’s ahead.
If you own a business or professional practice, chances are you’ll face a lawsuit at some point. Even a frivolous case can cost $50,000–$100,000 to defend. And jury awards in negligence cases? Often over $1 million.
Why risk everything you’ve worked for?
That’s where Asset Protection Planning comes in. We create strategies that keep your wealth, business, and future earnings safe—no matter what comes your way.
What We Do for You
- Spot the Risks: We uncover where your personal and business assets are exposed.
- Build Smart Structures: LLCs, trusts, insurance layering—tailored to your situation.
- Protect Your Wealth: Lock in safeguards so creditors and lawsuits can’t touch what you’ve earned.
- Give You Peace of Mind: Focus on running your business, not fighting legal battles.
Why It Matters
In today’s legal system, the odds are stacked against business owners. Judges and juries are quick to award massive payouts, even in questionable cases. Without protection, one lawsuit could undo years of hard work.
With the right plan, your assets stay secure—and your future stays in your hands.
Don’t wait until it’s too late. Let’s build your protection plan today.
It is a cliché by now to say that “information is power.” But we can see that those who are skillful in acquiring the right information can successfully achieve objectives otherwise impossible to accomplish. Bargaining is about knowing the strengths and weaknesses of your opponent. A lawyer, business competitor, spouse, or ex-spouse with information about what you own can exploit this knowledge to attack your most vulnerable points. In the next chapter, we will look at the lawsuit process to show you what really happens if you get sued.
Pretexting and Privacy Protection
What is Pretexting?
Pretexting is the use of false pretenses—like pretending to be someone else—to obtain private information. A common example is calling a bank while posing as a customer to gain account details.
This practice is illegal under federal law and carries serious penalties. Still, some investigators and information brokers continue to use it, putting individuals and businesses at risk.
Why It Matters
- Legal Risk: Engaging in or benefiting from pretexting can create liability.
- Financial Risk: Stolen or misused data can lead to fraud, identity theft, or costly lawsuits.
- Reputation Risk: Association with unlawful tactics can harm your professional credibility.
The Law is Clear
Federal privacy and fraud statutes make pretexting unlawful when targeting:
- Banks & Financial Institutions – Prohibits false pretenses to access customer records.
- Phone & Internet Providers – Bans obtaining or selling call records or customer data.
- Government Agencies – Makes it a crime to solicit Social Security, tax, or ID records by deception.
How We Help
At our firm, we ensure all information gathering is 100% legal and compliant. We:
- Conduct asset searches and investigations through lawful methods only.
- Protect our clients from exposure to shady investigators or data brokers.
- Provide guidance on compliance with federal and state privacy laws.
Protect Your Information. Protect Your Business.
With privacy laws expanding and enforcement increasing, you can’t afford to take risks. We help you safeguard sensitive information while staying compliant and secure.
Contact us today to learn how we protect your assets and your reputation.
Note on information gathering via pretext
Most of these tactics are clearly illegal now, but the number of prosecutions is small and the demand for this information is so great that the practice remains popular and effective. The following information was posted on July 12, 2008, by Fred Abrams (www.assetsearchblog. com) and lists the relevant statutes prohibiting the use of pretext.
Privacy and other federal laws generally prohibit pretexting, (the use of false pretenses), when contacting a U.S. bank, phone company, or government agency for confidential information. One example of pretexting would be using a false identity while phoning a bank to elicit a bank customer’s personal account information. If an information broker, private investigator, etc. pretexts during an asset search, some of the following federal statutes might possibly apply:
15 u.s.c. § 45 (unfair methods of competition unlawful; prevention by commission): By relying on both 15 U.S.C. §45 and 15 U.S.C. § 53 (False advertisements; injunctions and restraining orders), the Federal Trade Commission can sue pretexters for fraudulent, deceptive, and unfair business practices.
15 u.s.c. § 6801 et. seq. (Gramm-Leach-Bliley act): makes it illegal to access private information by making pretext phone calls to a financial institution or its customers. As my post “The Gramm-Leach-Bliley Act and An Asset Search” further explains, 15 U.S.C. § 6821 also prohibits the use of false documents to obtain private customer information.
H.r. 4709, 109th congress (2006) (telephone records and Privacy Protection act of 2006): This statute generally prohibits telephone record pretexting and the sale of illegally acquired telephone records.
18 u.s.c. § 1028 (Fraud and related activity in connection with identification documents, authentication features, and information): Both this statute and 18 U.S.C. §1028A (Aggravated identity theft) prohibit a broad range of frauds in connection with identification documents.
18 u.s.c. § 1341 (Frauds and swindles): Covers frauds which use U.S. mail. It and 18 U.S.C. § 1343 (Fraud by wire, radio, or television) are the ubiquitous federal fraud statutes.
26 u.s.c. § 7213 (unauthorized disclosure of information): Prohibits the unauthorized inspection or disclosure of U.S. tax returns or return information. Subsection (a) (4), entitled “Solicitation,” expressly covers the illegal sale and /or illegal receipt of tax return information.
42 u.s.c. § 1307 (Penalty for fraud): Among other things, covers misconduct like eliciting Social Security numbers through pretext calls to the U.S. Social Security Administration.
47 u.s.c. § 222 (the telecommunications act of 1996): Section (c) (2) of this act generally prohibits telephone record disclosure absent “. . . affirmative written request by the customer, to any person designated by the customer.
Maximizing financial privacy is a sound and strategic response to a legal system in which those with identifiable and reachable assets are an attractive lawsuit target. Financial information about you and your business is a valuable asset in the hands of a potential legal adversary, and attempting to limit access to that information is often a worthwhile goal.
Addressing these questions will provide a framework and a sense of direction to your planning. Our team of paralegals will be able to assist you of the relative benefits or drawbacks of the available options, and your specific goals will become finely honed and clearly defined in the process.
Our team helps you design trusts and protection plans that go beyond probate avoidance—ensuring your assets are safeguarded against future risks.
Trustees and Beneficiaries in a Revocable Trust
A revocable living trust is one of the most effective ways to avoid probate—but only if it is properly drafted and fully funded during your lifetime.
Here’s how it works:
- During life, you (and often your spouse, if married) act as both the trustee (the manager) and the beneficiary (the one who benefits from the trust assets).
- You keep full control and can change or revoke the trust at any time.
- When one spouse passes, the trust usually becomes irrevocable, and the surviving spouse continues as trustee.
- After the surviving spouse’s death, the trust property is distributed directly to the named beneficiaries—without probate, delays, or unnecessary court involvement.
Why It Matters
- Avoid Probate: Keep your estate out of lengthy and costly court proceedings.
- Maintain Control: Manage your assets during your lifetime, with a smooth transition after death.
- Protect Loved Ones: Ensure your wishes are carried out quickly and privately.
With the right trust planning, you can provide security, clarity, and peace of mind for your family.