Why Global Asset Investigations Matter Before and After Judgment

In cross-border disputes, securing a legal win doesn’t always mean you’ll recover what you’re owed. It’s not uncommon for companies or individuals to move assets, restructure ownership or simply vanish financially just as things get serious. That’s why asset investigations, especially those that reach across jurisdictions, are increasingly seen as a vital part of commercial litigation, disputes and risk management.

The truth is, getting a judgment is only one step. Turning it into actual recovery often requires a much wider, more strategic approach.

Looking early means staying ahead

Many assume asset tracing happens after a case is resolved. But experienced professionals know that waiting until a judgment is handed down can put you on the back foot. By then, assets may have been transferred, hidden or placed in structures designed to frustrate enforcement.

Pre-judgment investigations allow you to do several things:

• Understand if recovery is even realistic before committing to litigation
• Spot warning signs early, like asset transfers or restructuring
• Gather intelligence that can support injunctions or freezing orders
• Strengthen your position in any settlement discussions
• Support due diligence in transactions or partnerships where risk is unclear

By getting ahead of the issue, parties can avoid wasting time and cost on litigation that has little chance of yielding a real result.

Post-judgment: the global chase begins

Once you’ve won a case or secured an arbitration award, the focus shifts to enforcement. That’s where global asset investigations become indispensable.

Assets may be held in other jurisdictions, layered through holding companies or nominally owned by third parties. In many cases, success depends not just on finding these assets but also on understanding how to access them legally.

Some jurisdictions make it easier than others. Courts in places like New York and London often provide broad tools for post-judgment discovery, enabling creditors to demand information from banks and third parties. In certain cases, you can even enforce against assets held abroad if you can prove control or ownership by the debtor.

But no two cases are the same. Laws vary significantly between countries, and enforcement procedures can be slow or complex. Working with local experts in target jurisdictions is essential, especially where assets are held under opaque structures or in countries without mutual enforcement treaties.

The role of ownership structures and executive wealth

One of the more difficult elements of asset tracing is dealing with complex corporate setups. Shell companies, trusts, proxies and nominee owners can all be used to shield real ownership.

In these cases, investigations need to dig deeper, looking not just at the business but also at the individuals behind it. Directors, shareholders and executives may hold or control assets in a personal capacity. In some situations, you may be able to pursue claims against them directly, particularly if personal guarantees are involved.

A well-executed investigation can help build the case for enforcement against related parties or pierce corporate veils where abuse is suspected.

Why it’s gaining more attention now

A few factors have brought asset tracing into the spotlight in recent years.

Major frauds, from crypto collapses to large-scale corporate failures, have highlighted just how quickly assets can move or disappear. At the same time, sanctions regimes have shown the speed and effectiveness of coordinated efforts to track and freeze assets across borders.

Regulatory changes have also played a role. In the US, for example, the introduction of beneficial ownership reporting through the Corporate Transparency Act is creating more visibility into who really owns and controls companies. Other countries are taking similar steps.

This shift towards transparency, combined with growing political and legal cooperation across jurisdictions, is making it harder to hide assets and easier to trace them if the right action is taken early enough.

A necessary part of modern dispute strategy

More and more, businesses are approaching disputes with asset recovery in mind from the outset. Litigation funders, investors and legal advisors want to understand not just the legal merits of a claim but the real-world chance of turning it into money.

That’s why early asset investigations are no longer a last resort. They are a standard part of strategy.

Done properly, they can inform legal decisions, support injunctions, reduce financial exposure and shape enforcement plans in multiple jurisdictions. Most importantly, they help avoid the risk of hollow victories.

Final thoughts

Asset investigations are about information and timing. Knowing what’s out there, who owns it and how it’s protected can make or break a case, even one with strong legal merits.

Whether you’re preparing for a dispute, pursuing a claim or trying to collect on a judgment, a proactive approach to global asset tracing could be the step that ensures the result actually matters.

Conflict International specialises in complex, cross-border asset investigations. Our team works closely with legal, corporate and financial clients to trace, identify and help secure assets across multiple jurisdictions.

If you're facing a complex situation and need clarity around where the money really is, we can help.

Written by Michael Tapling, VP of US Operations at Conflict International