If offshore funds are proven stolen, can they be frozen or seized?

Payments
Asked by Question Bot04/Jul/20221 answer

1 Answer

F

Faisal Khan

Answered 04/Jul/2022

The short answer is, possible, but not probable. Meaning, your chances of getting the money back are between slim to zero. Why? Let me explain.

In order to get your money back, you would have to file a legal case in the jurisdiction in which the offshore bank is licensed. Such a case an be extremely expensive, as you would have to presumably hire a local law firm that excels in not only financial services, but also in financial crime and forensics.

Once the case if filed, the bank is just a party to the case, the main culprit would be the person who allegedly stole the money from you.

Your case would have to show how the bank, which is regulated in a certain jurisdiction is party to the transactions and how where the money was stolen from, related and links to the geographical region from where the bank is licensed and that the bank somehow was a party to this alleged theft.

This would be necessary to ‘freeze’ the assets, (if the judge allows), and if the money is still there. Then you would have to file a separate case to discover the identity of the person/company that allegedly stole your money and build up a case, starting from your location. Did you file a police report? chances are you did not. Why not? Why has it been weeks since the alleged theft, and you did not file a criminal police report in your area? Questions like these would be asked and challenged.

It takes are couple of months (if not years) for these cases to see the light of the day in a courtroom.

Justice is never served easily.