Trusts can be the solution to a tremendously varied and diverse set of problems, including, significantly, asset protection. It is well established in American law that a settlor may render a trust inalienable by including a spendthrift provision within a trust document. This prevents a...

Under the Restatement (Third) of Trusts, the prudent investor rule states that “The trustee is under a duty to the beneficiaries to invest and manage the funds of the trust as a prudent investor would, in light of the purposes, terms, distribution requirements, and other circumstances of the...

Traditionally, the individuals and entities involved in a trust are the grantor, the beneficiary, and the trustee. Under the trustee's fiduciary umbrella there may be other advisors, including attorneys, portfolio managers, and trust administrators. In the past decade, however, another party to...

Law enforcement has a vested interest in catching alleged money launderers. Suspicious Activity Reports (SARs) filed by financial institutions are a useful tool in this endeavor and can potentially direct law enforcement to criminal enterprises. But SARs are just that — reports of suspicious...

The Bank Secrecy Act (B.S.A.) was created to fight money laundering through reporting and record-keeping requirements. Chief among these requirements is the Suspicious Activity Report (SAR). SARs may be filed according to mandatory filing requirements, or voluntarily when a financial institution...

The past decade has seen an overwhelming array of new anti-money laundering rules, regulation and legislation. These rules are designed to protect financial institutions from liability and to prevent laundered money from entering the legitimate economy, thereby encouraging further criminal...

Much has been written recently of high-profile financiers and lowly con men taking advantage of lay investors. Part of the reason these scandals go undetected for so long is the lack of transparency inherent in some of the investment vehicles and the lack of curiosity or sophistication of the...