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Sean
They might find it one day. Crypto doesn't lie.
Blake Harris
Crypto doesn't lie. There's a permanent record of it on the blockchain. And I do believe in this thing called karma. I mean, I support people who take some risky bets, but you got to be careful which bets you're taking. And betting that the United States, the usa, unlimited surveillance of Americans isn't going to find out as a risk that. Yeah.
Sean
All right, guys, from Miami, we got Blake Harris. We're going to talk asset protection. Very important thing to have these days, right?
Blake Harris
I certainly think so. In a world where litigation is pretty much a badge of success, if you are successful enough in the United States, you can expect to be sued. Asset protection is very important.
Sean
Yeah. I used to have the belief that if you were successful and you did good business, you wouldn't get sued.
Blake Harris
That's a very common misconception and I have heard that before. Oh, I don't need asset protection. I'm an upstanding business person. Well, you may be an upstanding business person, but that's person who you just signed a three year contract with may not be. They may use the legal system, they may weaponize it against you and you don't want to be unprepared.
Sean
Yeah. Seems like these days it's very weaponized. I don't know if it's always been like that with the legal system.
Blake Harris
It, I think is happening more lately. I've been getting more calls from people who are involved in politics, some ways, not necessarily politicians, but in some way commentators or in the media. And they're concerned that if they are sued, they're going to get a jury that finds against them not because they've done anything wrong, but because someone disagrees with their political beliefs or you've done something else to upset someone. Even if there's not a legitimate claim, simply having to defend a lawsuit is going to be a very expensive and time consuming process.
Sean
Right.
Blake Harris
And what ends up happening is a lot of people who, even if they've done nothing wrong, they end up paying settlement because it's just cheaper to pay a settlement than it is the cost and the time associated with trying to defend a case. Yeah. And what ends up happening is we see people who become victims of what I call legal extortion just paying out these settlements because it's cheaper to pay something out than it is to actually deal with filing it.
Sean
Yeah. What happened to me last year, I just wanted to settle because I knew it would drag on for years because the financial Reason is one part, but also the stress and.
Blake Harris
Yes, and John, you're a target. I work with quite a few people in social media. Asset protection used to be just doctors, healthcare professionals, and then expand to attorneys, engineers. Now it's a lot of different professions. But we're seeing more and more people in the media. And I think it's great those of us who are willing to go out there and put ourself out in the public and go on camera and say things and stand by them on video. But with that, you are inviting a lot of liability. So you definitely want to have a shield up if you're playing this game.
Sean
Absolutely. Candace Owens just got hit with another lawsuit yesterday.
Blake Harris
I haven't heard about that one yet, but I might be getting a call for too long from.
Sean
Yeah, I mean, when you're getting that many views, you're just naturally going to piss off certain people, right?
Blake Harris
Yep. I mean, it's. The bigger the empire grows, the more opportunities there are for attack.
Sean
Yeah, I know you. You made a couple videos on Andrew tate, right? On YouTube.
Blake Harris
Yes, I did. I stopped because those videos would keep getting flagged. But this is your podcast, so if we're not afraid to. Actually, he was on the podcast a few. A few weeks.
Sean
Well, my. My pod with him got age restricted.
Blake Harris
Oh, did it?
Sean
Yeah, it would have got millions of views, but yeah, it stopped at like 300k because of that.
Blake Harris
Oh, wow. Okay. That's. That. That's interesting. I'm not surprised about that. Andrew, what he speaks about in his videos, and so what I'm saying is simply public knowledge already, is he talks about having a lot of different bank accounts, which is something I certainly advocate for. If you're an American, you live in America, you work in America, you're successful here. It is definitely wise to have money in other places. And that's true regardless of where you are. Europe, Asia. Having money in multiple locations makes you hard to attack. Makes it harder for someone to take away. What I haven't heard Andrew talk about too much in his videos, though. I have heard him mention the Cook Islands before and Belize and other places we do business is actually having the assets not just outside of your home country, but also held in a structure so that they cannot be taken away from you. And this is where my firm comes in and we set up Asset Protection Trust.
Sean
Right.
Blake Harris
We work in several different countries. We do most of our business in Cook Islands and then Nevis, and we do quite a bit of business down in Belize as well. And we're setting up self settled asset protection trust so that our clients can still invest their money. They can take out money as they wish, but if they end up going through any type of lawsuit or litigation, we can keep their assets safe.
Sean
That being said, is it ethical to set up an offshore trust?
Blake Harris
You know, as soon as somebody starts a business here in the United States, the first thing somebody's going to tell you is go out and form an LLC to prevent yourself from being sued as your assets grow, maybe you've got a few hundred thousand dollars. Someone's going to say, well, set up a trust for your children or set up a trust for yourself to keep yourself protected from lawsuits. Nobody questions the ethics of that. But as soon as you introduce offshore, people's lights go on and say, wait a second, is this okay? And what I'm about to say, Sean, it's not true for you, it's not true for me, it's not true for the viewers and listeners of the podcast, but for most Americans. Most Americans are bearing narrow minds.
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Blake Harris
Most Americans have never traveled outside of the United States. And those who have most of not have not traveled beyond Canada or Mexico. If you can get somebody who has an open mind, they are going to do much better. When you look globally for solutions to your issues, you're going to be met with much better results. There's a lot more that the world has to offer. I know Justin Bieber talks about peaches out in Georgia and wheat out in California, but if you want wine, maybe look to Argentina. If you want acid protection, look to the Cook Islands or Nevis or Belize. So I also don't bind his theory that there's anything ethical or anything honorable about being weak and being unprotected and being vulnerable and being in a state where it's easy for someone to come and take away what you've worked for, what you have built up that's there to protect yourself and your family. Yeah, I think just the opposite. I think the highest thing we can do ethically is make ourself as strong, as protected as possible. And with that, you're not going to find a better way to protect yourself than with an offshore trust.
Sean
When it comes to bank accounts in America, we have the FDIC guaranteeing 250k. Right. If something happens, do other countries have some similar systems to that?
Blake Harris
So let's examine that statement. First of all, we have the United States guaranteeing that they will cover up to $250,000 per account. Does the FDIC actually have enough money to cover every single account? Probably not. And how long would it take the FDIC to pay out that money? It could be many years or decades. More important than finding a bank that is going to be insured when it fails, it's finding a bank that's not going to fail in the first place. Place. The banks that my clients work with, the ones that we recommend to our clients in Switzerland are much safer and much more secure than U. S based banks. Some US banks keep somewhere between 5 and 10% of cash on hand. The banks we work with in Switzerland have anywhere from 25 to 40% of the cash on hand. On top of that, these banks, they don't take outside investors who encourage management to take risky bets. They don't engage in prop trading, they don't engage investment banking. Overall, it's just a much safer banking environment than you can find in the United States. And yes, Swiss banks will absolutely work with Americans. Back when Obama was president, the IRS cracked down on some Swiss banks that were not reporting accounts to the United States. And Switzerland said, or a lot of Swiss banks said, we don't want to work with Americans, we don't want to comply with the irs. A lot of Swiss banks said, well as bankers we like money and you Americans have a lot of money. They actually changed their business model to cater to the American market. So yes, we can definitely set up a Swiss bank account as well as bank account in other jurisdictions that we work in. But Swiss is the most common, most popular one. Switzerland and Liechtenstein. And then within that, you can invest in gold, silver, stocks, bonds, crypto. Anything that you can invest in now you can invest in through an offshore.
Sean
Trust, Swiss bank accounts. Wolf of Wall street, baby.
Blake Harris
Wolf of Wolf of Wall Street. Although if had I been his attorney, probably would have kept more of his money.
Sean
Yeah. Because there's good privacy laws there, right?
Blake Harris
Well, good privacy laws, but the privacy is a little bit confusing. A lot of people online are promoting, oh, we have a private structure that's really not necessarily true because in a court you could always be ordered to disclose what your assets are. So simply because you have this private structure doesn't mean that the court's not going to find out about the structure, but it also means that the court is not going to be able to access it. So disclosure does not compromise protection. So I don't claim that we hide assets. What we do is protect assets.
Sean
Yeah, I have a domestic trust, but you got me thinking, I should look offshore now for more possibilities.
Blake Harris
So the benefits of a domestic trust, as the attorney who sets these up for clients, is that, well, I don't set up domestic trust. Not anymore. The benefit of a domestic trust.
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Blake Harris
From the attorney's perspective, is that it's easier to convince an American to set up a Nevada Trust or a Wyoming Trust than it is a Cook Islands Trust or a Nevis Trust. They're just more familiar with the local jurisdictions. But the problem with the domestic trust is any US Court can break a US Trust. If you want A plan that's going to stand up against the legal system in the United States. You need a plan that is controlled beyond the reach and the power of the US Court system. So it was the Cook Islands that originally allowed the asset protection trust industry to begin back in the 1980s. Since then, about two dozen or more countries have followed. It was 1998 that Alaska allowed for the use of a domestic asset protection trust. But the case law has been scary for the domestic trust. There have been several times when US Creditors were able to break into domestic trust. It's a completely different ball game with the offshore trust. In terms of the protection and the amount of settlement leverage that you're getting, that's really what clients are buying. They're getting peace of mind. They're also buying settlement leverage. So if a client's being sued for a million dollars, their assets are held in a Cook Islands trust, they're going to be able to negotiate much more that their assets are still here and vulnerable in the United States.
Sean
That's good to know. So when someone sues you or your trust, what assets can they take if you don't have enough cash to cover the lawsuit?
Blake Harris
So if somebody sues you, you have certain assets which are already protected under state and federal law. For example, your home in Florida, where I live in Texas, it's a fully protected asset subject to certain acreage limitations. Every state has a different limitation on how much of your home is protected. So if your home is protected up to $200,000 and it's worth $400,000 and you have a $200,000 mortgage, you have a protected asset. If there's only a little bit of equity in there, chances are credit's not going to go through the whole foreclosure process to try to take the asset they may look to settle. There's also retirement accounts. It depends on what state you live in and what type of retirement account. But generally, the first million dollars of retirement account is pretty well protected. Other than that, you get certain minor protections, such as tools of a trade. No. Probably going to be able to take any of your podcast equipment, Sean, because the court wants you to continue to work and continue to make all the big money that you make, Sean, so that you can pay off your debts. They're probably not going to take much of your clothing. They'll give you a little bit of money for a car. But beyond that, your second home, your investment account, your crypto, all of that remains unprotected. And what we do with those ass assets is we put them into the asset protection trust, and then you can sleep well at night knowing that those assets are protected as well.
Sean
Dang, I didn't know they could go after your crypto.
Blake Harris
So people think that crypto is an asset that can't be taken. But the reality is the court can order you to disclose if you have crypto. And there's possibilities some people will lie. If you do that, you risk going to prison if you ever get caught. Claiming that you lost it in a boating accident is probably a. Well, it's definitely a risky bet, and it's probably not a good idea, because if you later rediscover the crypto after losing it in the proverbial boating accident, the courts can be suspicious. And if they find out that you did lie, not only do you lose any bankruptcy proceedings, you face potential jail time. There's no need to lie to the court. Simply put it under the umbrella of a trust, you can disclose that you have it and still keep it protected.
Sean
I like that approach. Because then you could sleep at night knowing you told the truth, you know?
Blake Harris
Correct.
Sean
A lot of people are like, I lied about it. And, you know, they might find it one day. Crypto doesn't lie.
Blake Harris
Crypto. Crypt crypto doesn't lie. There's a permanent record of it on the blockchain. And I do believe in this thing called karma. I mean, I'm support people who take some risky bets, but you got to be careful which bets you're taking. And betting that the United States, the usa, unlimited surveillance of Americans isn't going to find out is a risky bet. Yeah.
Sean
When it comes to setting up the trust, do you add family members to that? Like if you're married, if you've got kids?
Blake Harris
So we will set up the trust either for an individual or for a married couple. A lot of our clients are married. Some of them set up the trust just for them. Some of them set up for them and their spouse. We can set it up either way. The trust then does include successor beneficiaries. So when you pass away, the trust within pass down to your children, and the assets can be divided among your children. They can continue to receive the protection from the Cook Island Trust, from the offshore trust. Any trust, whether it's domestic or offshore, revocable or irrevocable, will avoid probate. So it does have the benefit of avoiding probate as well. So, yes, you can name successful beneficiaries in the trust, and you can change it out over time as you decide which of your children Are your favorite trust fund babies. Exactly. Which children you want to make a trust fund baby out of?
Sean
Yeah. Those don't usually end up the best, though.
Blake Harris
It's a very careful bounce that parents need to do. I get asked about what is the biggest mistake that I see wealthy people make. And as much as I would like to say it's not protecting their assets, Sean, it's not properly raising their children. Now, this is beyond my scope as an attorney. I'm here to give legal advice. And when a client and I meet for dinner and they bring their 8 year old along in the entire time they leave the 8 year old on the iPad might be upsetting some people by saying this. Um, they are missing out on opportunity for that eight year old to get socialized and learn how to communicate with adults and even learn a little bit of business along the way. You want to make sure that your children are challenged appropriately. Money for a child can be a wonderful thing, and it can enable them to do all kinds of great things and learn and grow and experience, become stronger and better and safer. Money can ruin a child as well. So I do believe there's a difference between giving your child a trust fund, making a trust fund baby out of your child. If you can get your child where they're strong and capable and able and productive and they're able to do the things that make any adult happy and then empower that with some extra money, that's a wonderful thing. But if you are causing them not to go out and go through the struggles that we as humans need to go through in order to really feel we've lived a life, you're destroying them.
Sean
Yeah. Bezos had a pretty nasty divorce a few years ago. I wonder if he had the property trust in place with that.
Blake Harris
Asset protection is something that, believe it or not, is most commonly done by people with a more moderate level of wealth. Most of my clients have somewhere between about 1 and $10 million in assets. We do have quite a few clients whose net worth is a little bit under a million. They may have had some additional heat that motivated them. We do have quite a handful of clients whose net worth is well above or significantly above $10 million. But most lawsuits being brought are being brought against individuals with $2 million or less. I certainly imagine that someone at Jeff Bezos's level has done some type of asset protection planning. There are Cook Islands Trust out there which hold more than $10 billion in assets. And so he's definitely one person who would benefit very well from doing this type of planning in many circumstances, Sean, a few hours of asset protection planning can do more to preserve an estate than decades of working.
Sean
Yeah. Because you see some estates where the person passes away and then it's just a fight for all the assets. They didn't have the proper structure.
Blake Harris
Oh, yes. I mean, getting into estate administration is something that can be a bit messy. And if you plan ahead, it definitely can help mitigate that mess.
Sean
Did you see the Michael Jackson estate?
Blake Harris
I've read a little bit about the Michael Jackson estate. I've read a little bit about various different estates. And one thing that I noticed early in my practice, I did do some estate administration. If the person lived a pretty unstable life, the probate was a pretty wild process. They lived a pretty smooth life. The probate went pretty smooth. And so Michael Jackson, I think, is one person who probably had a few ups and downs along the way. And afterlife, it seemed that energy flow continued to bounce back and forth.
Sean
Yeah. What's the worst case of poor asset protection you've seen or heard of?
Blake Harris
What's the worst case of poor acid asset protection? I mean, there's plenty of stories of very wealthy people who slack on their asset protection planning. I get asked, do all celebrities, do all super wealthy people have asset protection planning in place? And the answer is absolutely not. Now there's very successful and seemingly smart individuals who completely have a very big blind spot. A lot of very wealthy people do. A lot of successful and famous people have done a good job with their asset protection planning, but a lot have completely neglected a very important component of their planning.
Sean
Yeah. See, a lot of pro athletes get targeted too.
Blake Harris
Correct. And what will happen is one of them will get targeted and then all of their people they work with, all their colleagues start calling my office. It's, it's when one doctor gets sued, the rest of the hospital will start to start to call in. Or sometimes an individual gets sued for a smaller amount and they'll get a wake up call and say, well, we need to take action to protect ourselves going forward.
Sean
And what's the most common lawsuit you're seeing these guys get hit with?
Blake Harris
So the most common lawsuits, number one, I would say business disputes. An employee is unhappy. It's very easy to exaggerate or fabricate a claim.
Sean
Right.
Blake Harris
Lots of employees lawsuits or simply business partners not seeing eye to eye on something, Suppliers not following through on something, maybe promise during economic shakeups. We see this more happen after Covid, we. A lot of people who are hooked on long term leases, they couldn't, couldn't pay for business disputes. Next, car accidents. Our nation's roads are quickly becoming coming a highway to wealth. Buy as much car insurance as your agent will sell. Sell you if you have children driving your cars as soon as they turn 18, put the cars in their name and ideally don't buy them a very fast car. And third, and this is not going to be the most romantic advice anyone's ever shared at this table, but sign a prenup or postnuptial agreement. Divorce is the most common lawsuit. Doing everything you can to mitigate the headache that goes along with that otherwise emotionally tolling experience is wise.
Sean
Yeah, and you need a good prenup too because with Bezos I think some cheated or something and then it was void because of that.
Blake Harris
So correct prenups. Postnups are often disregarded so I recommend putting them in place. The only hesitation I ever say as well it may upset your future spouse, but otherwise I do recommend having them, but I don't recommend relying on them alone. I recommend doing some asset protection planning because that is the type of planning that a US court cannot disregard.
Sean
I love what you said about car insurance because I used to try to cheap out on that and my financial advisor was like, you got to buy the most expensive plan.
Blake Harris
It's very common that a lot of people buy the minimum amount of car insurance possible. And if you don't have any other assets, maybe it's not such a bad strategy. Chances are a plaintiff attorney is not going to get a judgment against you that they can't collect on. But if your net worth grows to the point that you become appetizing for a plaintiff attorney, having that cushion of insurance in there between plaintiff and your assets is very helpful. Now, I don't recommend relying on insurance alone because, well, there's a possibility that you miss paying one month and you're coverage has a gap. There's also the possibility that a claim can go beyond policy limits or that there's a legitimate claim, but it's big enough that the insurance company decides to try to escape liability. They claim that instead of you being negligent, you are grossly negligent, which may not be covered. Or for whatever reason they try to hide behind some type of exclusion. Insurance companies don't generally go over the list of exclusions at the time that they sell you the policy. But when it comes time to cash in, then they may try to hide behind one of the exclusions. So buy the insurance, but don't rely on the insurance.
Sean
That's good to know yeah. When I was growing up, I was on the 25, 50K one, but we had to up that to a million.
Blake Harris
Good, good.
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Yeah.
Sean
Yep, yep.
Blake Harris
Yeah. Different ball game we're playing now, Sean.
Sean
Yeah, we're in the leagues now.
Blake Harris
Yep, yep.
Sean
I want to learn how you, how you grew this and started this, because this is impressive, man. Did it take off right away?
Blake Harris
So it's a service based business which generally don't take off right away. It's not like a tech company where you can wake up to a million new customers. It's the law firm is something that you have to do the work and people have to see that you've done the work. And then once they've seen that you've done the work, then the business grows naturally. But it has grown nicely. It's taken over a decade that I've been building my law firm. It started out, well, pretty much with just me. Now I've got a team of about 10 people. I don't believe any other asset offshore asset protection law firm in the nation is bigger than our team. I have been told by the leading Cook Islands trust company that my law firm for the past several years has registered more trust with them than any other law firm in the world. Wow. And it's been very much a game of a couple of things. Number one, of course, doing good work for clients, doing the things you say you're going to do on the timeline you say you're going to do them, not surprising them with fees, and getting clients to say good things about you. That's been a very helpful part of growing the business. Also building out the right team, both internally, training your staff well, training everybody to communicate the brand that you want to communicate for the firm. It's very important to me that everyone who comes through, whether they are a client with just a few hundred thousand or hundreds of millions of dollars, they get rich Carlton treatment with us. On top of that, it's been growing the team externally. Bankers, Trust companies, attorneys, CPAs all throughout the world. I built up a global Rolodex, which I don't believe anybody else in my field comes close to. I've traveled to close to 50 different countries and we have lots of different options for our clients in terms of asset protection planning. We work with clients from all over the world and it's been, it's been a fun journey and it's been, it's been a wonderful thing and it's been paid dividends, not just financially, but in so many different ways of getting to grow and experience getting to experience growing a business. And it's feels very good because I very much believe in what we are doing. Freedom does not exist without protection. And by helping to protect assets, we are helping to ensure freedom.
Sean
Yeah, that's impressive. You got a lean team, but your results are massive.
Blake Harris
I thank you. I appreciate that. We've got over 70 Google reviews. Every single one to five out of five stars.
Sean
Wow. That's almost unheard of to have a five out of five on reviews these days.
Blake Harris
Well, we've, we've done a good job for, for our clients. Yeah, I built a good team. Thank you.
Sean
Well done. And it's a really good service because I don't hear many people offering this type of offshore service.
Blake Harris
There are not a lot of players in this field. I would say that the number of attorneys who focus exclusively on offshore planning, less than 10, maybe less than 5.
Sean
Wow.
Blake Harris
Now there's quite a few attorneys who. They are maybe an estate planning attorney or business planning attorney. They may do one or two Cook Islands Trust a year and they added the. It's part of their business. But in terms of firms that are fully focused on offshore, very few.
Sean
Yeah. Now, can you access that money freely when it's offshore?
Blake Harris
Anytime you want it. You requested a distribution from your trustee. About a week later, they'll wire you some funds. The only time that you won't be able to access your funds is in the situation that you are acting under court order. If a court has ordered you, Sean, to bring back a million dollars from your trust, you will say, yes, court, I will do whatever I'm ordered by the court to do. You send a request to the trustee. The trustee is then going to ask, Sean, were you acting under court order? And they're going to require you to swear under penalty of perjury that you're not acting under court order and you're not going to lie under penalty of perjury. You're not going to be ordered by the court to perjury yourself. And without you saying that you are not under perjury, not under duress, the trustee will not release the funds. So generally, anytime you want your money, you will get it. The only time you will be prevented is in a situation where you essentially want to be prevented.
Sean
Interesting. Have you done anything in the Middle east yet? Dubai, Saudi Arabia.
Blake Harris
So we have offices in New York, Denver, Miami, where I live, and Dubai.
Sean
Oh, wow.
Blake Harris
We've got a few clients from Dubai. Part of the reason we opened the Dubai office. We do want to open ourselves to the market there. But we also want to show the world that we are not just a US based firm, that we will work with clients from outside the United States. So Dubai is a place that I have a few clients and we are definitely keeping an eye on it. We are. In terms of the asset protection law firm, I'm pretty sure we're the only ones with an international office. And I think, and we are almost certainly the most crypto friendly law firm, we would take payment in crypto. We've had clients move crypto to overseas accounts to keep it, to keep it out of reach of any US corridors.
Sean
How are you feeling about crypto right now? It's down a lot.
Blake Harris
You can't change your opinion on crypto because it took a dip last week. You're either a believer in crypto or you're not. I'm very much a believer in crypto. I think that long term its use is going to continue to survive. I don't think that the US dollar or that a lot of other currencies are going to disappear and we're going to be in a crypto only world, but we're going to live in a world where the Swiss franc exists, crypto, bitcoin exists, ethereum exists, the British pound exists, the US Dollar exists, the euro exists. So it's going to be one of many different currencies that are out there. And I do think business owners would be wise to start accepting payment in crypto. We're one of the very few law firms that accepts payment in crypto though more and more law firms are catching on in that area. I do think that there are, there will be future times where bitcoin crashes, crashes down, crashes up. But I do, I am a believer in it long term. I'm not giving anyone investment advice or recommending that you buy bitcoin. Don't sue me when you're, when your shitcorn portfolio crashes. But I do advocate for education on it.
Sean
Well, even if you get sued, I bet you have nothing in your personal name. The way you sound, your stuff.
Blake Harris
I am probably not the easiest person to collect.
Sean
Yeah, I know some of my mentors are like 100 millionaires sentimillionaires. But on paper they're broke.
Blake Harris
That's situations I may have come across.
Sean
I mean that's a brilliant way of doing things. Yes.
Blake Harris
Own, own nothing, control everything.
Sean
Yeah. I wonder how Trump sets up his stuff. Probably similar.
Blake Harris
Right. So when you have a high profile person like Trump or like Andrew Tate, it becomes a bit more Complicated to set up an asset protection plan because the trust companies are very concerned about their reputation. And if you are a media personality, it becomes harder to get approved with the trust companies. It also becomes harder to get approved with banks. I. There are some very well known celebrities who do crazy stuff from time to time and they have trouble and limitations on which banks will take them, which trust companies will take them. But this is a big part of the reason that I spend so much time traveling and I have just showed up at trust companies before, knocked on their doors. I've done the same thing for banks as well because I want to be able to tell prospective clients that if it is possible to set up an asset protection plan, there's nobody who has a better chance of setting up an asset protection plan for you than me and my law firm.
Sean
That's smart because I know of banks banning people. Friends of mine.
Blake Harris
Oh yeah, banks ban people, trust companies ban people. Some attorneys will be apprehensive to work with you in, in certain circumstances. And I certainly don't work with everyone who gives my office a call. We've turned down plenty of clients along the way, but just because somebody has something in their background doesn't preclude us from working with them. I just generally don't want to work with someone who I deem to be unethical. Yeah. But if you've made a mistake or there was some injury along, along the way, we will still usually try to work with someone. It is definitely much better to set up the asset protection trust before any litigation. But if a litigation has started, there is often something that can be done to mitigate damage.
Sean
Oh, really?
Blake Harris
Much better results if you do it before anything arises. But as long as it's not the federal government on the other side, even once a lawsuit has, has started, there's often something that could be done to make it a little bit harder for someone to collect.
Sean
Yeah, I'm learning a lot about lawsuits lately. Like even if someone wins, they still have to collect.
Blake Harris
Correct.
Sean
And that, that part could be difficult, Right?
Blake Harris
Correct. And if you can tell the opposing party that you can win this lawsuit, but everything I have is uncollectible, chances are the leader dropped the case. We've seen that. Or they will talk settlement, which is.
Sean
A great negotiating tactic, right?
Blake Harris
Yep. That's, that's what the trust is. It's a tool that buys you settlement leverage.
Sean
Love that. What's up?
Blake Harris
And, and let's talk about why it's such a powerful tool for a second here in the United States, if you want to bring a lawsuit, you're probably going to bring in a contingency fee. You don't have to bring anything, pay anything to bring the lawsuit you're heavily advertised to. So people who are not thinking about bringing lawsuits are bringing lawsuits because some attorneys are out there starting a business which would not otherwise be brought. You can amend a claim. You generally don't have to post any bond in order to bring a lawsuit in the United States. Now let's compare that to the Cook Islands. In the Cook Islands, you have to post a bond, sometimes $100,000 or more. You can't amend a claims. If you start a lawsuit, you have to completely scratch your lawsuit and start from scratch, which if you do that, statute of limitations should probably already pass, which is one to two years. In the Cook Islands, you have to prove your case in the Cook Islands by standard, beyond a reasonable doubt. In America, in order to win most cases, it's a standard of a preponderance of the evidence. So 51% to 49% you win the case. In the Cook Islands, to win a civil case, they apply what America uses for the criminal standard, which is that of beyond a reasonable doubt. More like 99.9% because of all these hurdles. And you can't use a U.S. licensed attorney. You have to find one that can practice in the Cook Islands because of all these hurdles. Most plaintiffs don't even bother to go to the Cook Islands. And the plaintiffs who have, their success rate has been so low that most plaintiffs are very scared away or scared away from even trying to litigate overseas.
Sean
Wow, that is good to know, man.
Blake Harris
It's. It's. I certainly think so.
Sean
Well, we'll include a link in this video for people to be a client of yours for sure.
Blake Harris
Well, thank you very much. It's, it's, it's the one thing we do. And if people want to learn more, you can share all my socials now.
Sean
Yeah.
Blake Harris
Blake Harris, law Instagram, Facebook, TikTok X. If you would like to read more, we I have a book that I've written. Don't Let a Lawsuit Take Away Everything. Happy to share a copy of the book as well.
Sean
Yeah. Is it on Audible too?
Blake Harris
Is it on Audible? It is in progress of being on Audible. I've done a video recording, so I don't know where we are in that process, but yes, we are recording. Going to be releasing it Perfect. As an audiobook sooner now.
Sean
Yeah. We'll link everything below. Thanks for coming on, man.
Blake Harris
Hey, Sean, thanks so much for having me. This was great.
Sean
Absolutely. Check them out, guys, in the description below. See you next time.
Digital Social Hour: Offshore Trusts – The Secret to Asset Protection with Blake Harris | Episode #1319
Release Date: April 12, 2025
Introduction
In this compelling episode of Digital Social Hour, host Sean Kelly engages in an enlightening conversation with Blake Harris, a renowned expert in offshore asset protection. The discussion delves deep into the intricacies of asset protection, the evolving landscape of litigation, and the pivotal role offshore trusts play in safeguarding wealth. Whether you're a high-profile individual or a successful entrepreneur, this episode offers invaluable insights into protecting your assets in an increasingly litigious society.
The Rising Importance of Asset Protection
Sean opens the dialogue by highlighting the growing necessity of asset protection in today’s world. He reflects on a common misconception: “I used to have the belief that if you were successful and you did good business, you wouldn't get sued.”
Blake counters this notion, emphasizing that litigation has become a "badge of success" in the United States. At [00:32], he states:
"In a world where litigation is pretty much a badge of success, if you are successful enough in the United States, you can expect to be sued. Asset protection is very important."
Blake further explains that being a respected businessperson doesn’t render one immune to lawsuits, as adversaries can exploit the legal system against even the most upstanding individuals ([00:47]).
The Weaponization of the Legal System
The conversation progresses to the increasing aggressiveness of the legal system. Blake observes that litigation is often used as a tool for personal vendettas rather than legitimate claims. At [01:08], he remarks:
"I've been getting more calls from people who are involved in politics, some ways, not necessarily politicians, but in some way commentators or in the media. And they're concerned that if they are sued, they're going to get a jury that finds against them not because they've done anything wrong, but because someone disagrees with their political beliefs or you've done something else to upset someone."
This sentiment underscores the importance of being prepared for frivolous lawsuits that can drain financial and emotional resources.
Offshore Trusts: A Robust Solution
Sean introduces the core topic of the episode: offshore trusts. Blake elaborates on their significance, noting that traditional domestic trusts often fall short against determined legal challenges. He explains the advantages of offshore trusts, particularly those established in the Cook Islands, Nevis, and Belize, which offer stronger protections against lawsuits.
At [04:22], Blake shares:
"We work in several different countries. We do most of our business in Cook Islands and then Nevis, and we do quite a bit of business down in Belize as well. And we're setting up self-settled asset protection trusts so that our clients can still invest their money. They can take out money as they wish, but if they end up going through any type of lawsuit or litigation, we can keep their assets safe."
Blake contrasts offshore trusts with domestic ones, emphasizing that US courts have limited reach over offshore structures, thereby providing a more secure shield for assets ([10:49]).
Ethical Considerations of Offshore Trusts
Addressing potential ethical concerns, Blake asserts that protecting one’s assets is not only legal but also ethical. He challenges the stigma around offshore trusts by pointing out that domestic asset protection strategies are widely accepted and uncontroversial.
At [04:25], he states:
"Nobody questions the ethics of that. But as soon as you introduce offshore, people's lights go on and say, wait a second, is this okay?"
Blake argues that in a world where financial success often attracts lawsuits, ethically fortifying oneself’s assets is a responsible and honorable action.
Comparing Banking Systems: US vs. Swiss Banks
The discussion shifts to banking systems, where Blake compares US banks with their Swiss counterparts. Highlighting the robustness of Swiss banking, he notes that Swiss banks maintain significantly higher cash reserves and avoid risky investment practices prevalent in the US.
At [07:13], Blake explains:
"The banks that my clients work with, the ones that we recommend to our clients in Switzerland are much safer and much more secure than US-based banks. Some US banks keep somewhere between 5 and 10% of cash on hand. The banks we work with in Switzerland have anywhere from 25 to 40% of the cash on the hand."
This comparison underscores the enhanced security and stability offered by Swiss banks, making them a preferred choice for offshore asset protection.
Accessibility and Control of Offshore Trusts
Sean inquires about the accessibility of funds in offshore trusts. Blake reassures that clients retain full control and can access their assets freely, barring any court orders compelling disclosure.
At [25:44], Blake states:
"Anytime you want it, you request a distribution from your trustee. About a week later, they'll wire you some funds."
He emphasizes the balance between accessibility and protection, ensuring that clients can manage their wealth without compromising security.
Crypto and Asset Protection
The duo explores the relationship between cryptocurrency and asset protection. Blake warns against concealing crypto assets from the court, highlighting the risks of perjury if such deceptions are uncovered.
At [13:26], he advises:
"Simply put it under the umbrella of a trust, you can disclose that you have it and still keep it protected."
Blake advocates for transparency combined with strategic protection, ensuring that assets like crypto remain secure without legal repercussions.
Incorporating Family into Offshore Trusts
Sean raises questions about including family members in offshore trusts. Blake explains that trusts can be set up for individuals or married couples, with provisions for successor beneficiaries, allowing for seamless asset transfer to children while maintaining protection.
At [14:45], Blake outlines:
"The trust then does include successor beneficiaries. So when you pass away, the trust will pass down to your children, and the assets can be divided among your children. They can continue to receive the protection from the Cook Islands Trust, from the offshore trust."
This approach not only safeguards assets but also facilitates efficient estate planning and probate avoidance.
Common Lawsuits and Asset Protection Strategies
Blake identifies the most prevalent types of lawsuits faced by individuals, including business disputes, car accidents, and divorces. He provides actionable advice on mitigating these risks through comprehensive asset protection planning.
At [19:45], Blake lists:
"The most common lawsuits, number one, I would say business disputes. An employee is unhappy. Lots of employees lawsuits or simply business partners not seeing eye to eye on something."
He stresses the importance of not solely relying on insurance but integrating offshore trusts to create a robust defense against potential legal challenges.
Growth and Success of Blake’s Law Firm
Sean expresses admiration for Blake's successful law firm, which specializes exclusively in offshore asset protection. Blake attributes his firm’s growth to dedicated client service, building a global network, and maintaining an impeccable reputation.
At [24:49], Blake shares:
"It's taken over a decade that I've been building my law firm. It started out, well, pretty much with just me. Now I've got a team of about 10 people... I have been told by the leading Cook Islands trust company that my law firm for the past several years has registered more trusts with them than any other law firm in the world."
Blake's commitment to excellence and client satisfaction is evident in the firm’s impressive portfolio and client testimonials.
Final Thoughts on Asset Protection
As the episode concludes, Blake reiterates the critical role of asset protection in ensuring financial freedom and peace of mind. He underscores that proactive planning is paramount, advocating for the establishment of offshore trusts before any legal disputes arise.
Sean wraps up by acknowledging the wealth of knowledge shared, encouraging listeners to consider offshore asset protection as a viable strategy to secure their financial future.
Notable Quotes
Blake Harris [00:03]: "Crypto doesn't lie. There's a permanent record of it on the blockchain."
Blake Harris [00:26]: "Asset protection is very important."
Blake Harris [04:25]: "Nobody questions the ethics of [domestic asset protection]. But as soon as you introduce offshore, people's lights go on and say, wait a second, is this okay?"
Blake Harris [07:13]: "The banks we work with in Switzerland have anywhere from 25 to 40% of the cash on the hand."
Blake Harris [14:45]: "The trust then does include successor beneficiaries... they can continue to receive the protection from the Cook Islands Trust, from the offshore trust."
Blake Harris [19:45]: "The most common lawsuits... business disputes, car accidents, divorces."
Blake Harris [24:49]: "I've been told by the leading Cook Islands trust company that my law firm for the past several years has registered more trusts with them than any other law firm in the world."
Conclusion
This episode of Digital Social Hour serves as an essential guide for anyone interested in understanding the nuances of asset protection through offshore trusts. Blake Harris provides a comprehensive overview of the benefits, ethical considerations, and practical implementations of offshore asset protection, making it an invaluable resource for listeners seeking to secure their financial legacy.
To explore offshore trust options and safeguard your assets, consider reaching out to Blake Harris through his various social platforms or by reading his upcoming book, Don’t Let a Lawsuit Take Away Everything.
Note: Advertisements and sponsor segments have been excluded to focus solely on the insightful content of the conversation.