Why asset seizure?
In cases of investment fraud, responsible individuals almost always try to secure their assets before creditors can seize them. Money is transferred to foreign bank accounts, real estate is registered in the names of family members or corporate entities, and valuable assets are sold or moved. If you wait until after the judge’s ruling, the assets may have already disappeared.
Asset seizure is the legal means to prevent this. By seizing bank accounts, real estate, vehicles, and other assets, it prevents them from being moved, sold, or encumbered. The assets are essentially “frozen” until the court has reached a verdict.
Pre-judgment attachment
Pre-judgment attachment (conservatory attachment) can be levied before the judge’s ruling as a precautionary measure. This is a powerful tool that BFRG uses when there is a real risk that the opposing party will dispose of its assets. The judge reviews the request and grants permission if the legal conditions are met.
International asset seizure
Foundation BFRG operates both nationally and internationally and can have asset seizures executed in multiple countries. This is crucial in investment fraud, as the assets are often located outside the Netherlands. We collaborate with lawyers in Brazil, Luxembourg, and other relevant jurisdictions to execute seizures across borders as well.
International asset seizure is more complex than national seizure — each country has its own procedures, requirements, and processing times — but it is often the only way to secure assets that would otherwise be inaccessible to Dutch creditors.
When do we deploy asset seizure?
We deploy asset seizure when our forensic investigation has identified assets that are at risk of disappearing. Speed is essential here — every day that a seizure is not in place is a day that assets can be moved. That is why we always combine our forensic investigation with an assessment of the seizure possibilities.
