Investigations for individuals
In the context of the assessment of a compensatory allowance
Taking the form of a capital sum, the amount of which is fixed by the judge, the compensatory allowance makes it possible to compensate for the financial imbalances caused by the divorce in the living conditions of the former spouses. (Art. 270 of the Civil Code)
In its calculation, the judge will take into account the lifestyle of the spouses on the basis of the evidence submitted to him. In this context, spouses are sometimes tempted to conceal all or part of their income or assets in order to alter the amount to be set by the family court.
CAPITAL INVESTIGATIONS provides its expertise and know-how to its clients in the search for evidence by carrying out financial and asset investigations, both in France and abroad, in order to enlighten the magistrate on the financial reality of the opposing party.
CASE STUDY
A lawyer requests our services for the divorce case of Mrs LEROY. If the divorce has been pronounced by the judge, the question of setting the amount of the compensatory allowance arises with regards to the disparity in lifestyle with her ex-husband, an executive specialising in mergers and acquisitions.
Mrs LEROY is convinced that her husband has organised his assets through sophisticated financial arrangements in order to deliberately conceal part of them.
Our financial investigations confirmed her suspicions by identifying real estate assets concealed by the ex-husband which he had acquired through various companies he had failed to declare.
CAPITAL INVESTIGATIONS drew up an investigation report, the demonstration of which made it possible, on the one hand, to enlighten the Court on the reality of the assets held by the ex-spouse and, on the other hand, to demonstrate that the capital which made the said arrangements possible had been constituted from funds from the community.
In the context of misappropriation of inheritance
The settlement of an inheritance is frequently a source of dispute, as there are so many hypotheses of fraud. In order to prepare for legal action, the aggrieved heir must gather evidence of the misappropriation of the inheritance.
In the context of inheritance fraud, CAPITAL INVESTIGATIONS provides its clients with its expertise and know-how in the field of assets investigation and tracing.
At the end of an in-depth investigation consisting in particular of collecting all documents relating to the reconstitution of the deceased’s assets and providing proof of the theft, embezzlement or misappropriation of the estate, CAPITAL INVESTIGATIONS will produce a detailed report.
This approach will make it possible to check whether the rules on the reserve portion of the estate and the available share have been respected and will enable the lawyer to qualify the actions in order to effectively bring the case before the Court.
CASE STUDY
We have been contacted by Mrs DIVCO in the context of her mother’s future estate, due to suspicions concerning investments in a company and significant disguised donations from which her entrepreneur brother would have benefited.
If any individual can freely dispose of his or her assets by way of donation, Mrs DIVCO was justified in questioning the respect of the rules set by the law, and in particular those protecting the heirs with right of first refusal.
Assets tracing and financial investigations have made it possible to reconstitute the history of the assets acquired directly and indirectly by Mrs DIVCO’s mother and brother and to reconstitute the shares and property held by the latter.
After several months of research, our report confirmed that her brother had indeed received several donations over a period of ten years, which had been excluded from the estate. These investigations thus confirmed our client’s suspicions.
In the context of abuse of weakness
French law recognizes abuse of weakness. It is defined as taking advantage of a person’s particular vulnerability in order to lead them to commit (or to abstain from committing) which leads to a serious prejudice for the victim. It is an offence heavily punished by the Criminal Code.
(Cf. art. 223-15-2 of the Penal Code).
In civil law, abuse of weakness constitutes a defect in consent that may lead to the annulment of all contracts entered into by the person in a state of weakness. With regard to gifts, the Civil Code similarly provides that “a gift is void where consent has been vitiated by error, fraud or violence”.
(Art. 414-1 and 901 of the Civil Code)
Thanks to its investigative capacity and expertise, CAPITAL INVESTIGATIONS is able to intervene rapidly in support of its clients and also has a network of experts and specialised contributors (bailiffs, legal experts, psychologists, etc.).
Our intervention will enable us to obtain an assessment of the past and the morality of the alleged perpetrator. The investigations will also aim to determine the advantages that the perpetrator may have gained from the state of vulnerability and the consequences of a financial nature for the victim (theft of money or goods, modification of the will, excessive donations, sales at low prices, etc. ).
CASE STUDY
We are approached by the lawyer of a family who has doubts about the intentions of Mrs. PINTO, a home care worker who looks after Mrs. SARAN who is suffering from Alzheimer’s disease.
Mrs SARAN’s son discovered the existence of a holographic will which bequeathed to Mrs PINTO a large part of her jewellery and some works of art. Moreover, the handwriting and signature do not seem to correspond to those of his mother. He also found a bank statement displaying large cash withdrawals.
Our investigations enabled us to gather a certain amount of information on the morality of Ms. PINTO. Thus, the surveillance put in place made it possible to observe that when Ms. PINTO accompanied Ms. SARAN to the bank’s ATM, she herself made the withdrawal, returning only part of the amount withdrawn to Ms. SARAN before discreetly placing the rest in her pocket. Finally, a handwriting expert’s report revealed that Ms PINTO was the author of the suspicious will.
Our investigation report made it possible to characterise the abuse of weakness of which Mrs Saran was a victim and contributed to the conviction of the perpetrator.
OUR METHODOLOGY
1. Reviewing the case
After receiving and reviewing the documents provided by our client and carrying out preliminary research, we determine the lines of investigation to be followed in collaboration with the client. We respond to any request in an individualised manner and within the timeframe required by the urgency of the demand.
2. Engagement contract
CAPITAL INVESTIGATIONS systematically proposes a mission contract or a written mandate defining the legal framework and the investigations to be carried out. We take care to define precisely the conditions and means of execution of the service as well as the terms for calculating the quote.
3. Research and investigation
Once CAPITAL INVESTIGATIONS has been duly mandated, we carry out the necessary work in accordance with the strategy previously established. If necessary, we are able to process the mission in relation with other professionals (lawyers, bailiffs, etc.) or experts. We undertake to keep the client informed of the progress of the investigations, especially in the event of any changes or complications
4. Investigations Report
At the end of the investigations, an objective, detailed and comprehensive investigation report is sent to the client. Investigation reports are admissible in court in the name of the principle of freedom of evidence, but subject to compliance with specific substantive and formal conditions which we scrupulously observe.
CONTACT US
For any information, do not hesitate to contact us by e-mail via the form below or directly by phone on +33 1 48 92 92 49, our switchboard is open from Monday to Friday from 10am to 7pm.