Hossein Berenji Podcast Transcript
Hossein Berenji joins host Brian Thomas on The Digital Executive Podcast.
Brian Thomas: Welcome to Coruzant Technologies. Home of The Digital Executive Podcast.
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Welcome to The Digital Executive. Today’s guest is Hossein Berenji. Hossein Berenji, owner of Berenji Divorce and Family Law Group is a seasoned divorce lawyer with a practice focused on complex high net worth divorces with expertise in digital assets and cryptocurrency and divorce settlements.
Hossein’s commitment to providing aggressive high quality representation has led to consistent multimillion dollar property settlements. And countless favorable alimony and child support judgments throughout Los Angeles, whether it’s fiercely litigating a case through a trial when the opposition is unreasonable or obtaining the best settlement for a client who wants to avoid a lengthy, painful court battle.
He’s known for using his vast courtroom and negotiation experience to attain optimal resolutions tailored to meet the need of each client.
Well, good afternoon, Hossein. Welcome to the show.
Hossein Berenji: Good afternoon. Thank you for having me.
Brian Thomas: Absolutely, my friend. I appreciate it. And making the time. You’re in Los Angeles.
I’m in Kansas City. Used to live out in the Orange County area, so I totally get it. Love that part of California. Nice and sunny, except the traffic. But either way. Just glad to have you, Hossein, jumping into your first question, you specialize in complex high net worth divorces. Why is hidden cryptocurrency increasingly becoming common in high net worth divorces?
Hossein Berenji: Well, there are a few reasons. I mean, first of all, I think that the nature of the investment, the volatility in a price. It’s a pretty pricey gamble for people to invest in cryptocurrency, and I think it lends itself to investments by people who have a lot of disposable income. So, the nature of the investment, I think, lends itself to people who are wealthy and have, can afford that that risk.
And second of all, when you think about what the idea of cryptocurrency is, is to allow people the. Ability to move money around without dealing with, the restrictions between different countries the restrictions, banking restrictions that institutions have. This allows people to move around money and typically the people who have the ability or would need to move around money like that are wealthy individuals.
And finally, I believe that it. It does allow some di diversification. It is something new. It is something that is I is some you know, it’s not the traditional stock and bonds that are safe. So, people are really hesitant to get into it and. If wealthy people are the ones in the cutting edge because they have that disposable income and they couldn’t invest in something that’s new without really thinking much of it.
So, I think those three, uh, reasons lend themself to being a particular investment that is really kind of in line with wealthy individuals desires.
Brian Thomas: Thank you. I appreciate that. And yes, as you’ve seen over the last few years, cryptocurrency is. Can be a great investment. There’s obviously a lot of risk and volatility with some of that.
As there’s not very many restrictions and you can typically move this stuff around the chain and through different countries. It’s not really a big deal there, but I can understand why high net worth individuals are certainly taking this avenue for investment. And Hossein, divorce law continues to evolve around issues like digital assets, cryptocurrency, and business valuation. What emerging legal tech trends are you watching most closely right now?
Hossein Berenji: Well, I mean, the laws always kind of step behind technology. For example, I mean, we’ve had cryptocurrency for many years now, but only recently there’s a digital financial asset law that was passed in California, which closes a lot of loopholes on crisp currency and it codifies its treatment like other financial instruments under the law.
Such as, for to be able to conduct discovery, figuring out who has what, where are the, cryptocurrency located uh, ramifications. If you don’t disclose that. I mean, these things have just been codified in the digital financial asset law. But look how many years we’ve had.
Cryptocurrency. So there is always a delay. So I’m always looking for trends in the next innovation in digital currency and the way it’s stored and treated. And, and the way it’s traded as well because there there’s many developments that happened. I mean, from day one when cryptocurrency kind of was developed.
Now we’re in a whole new ball game in a new world, and I think that over time there’ll be additional developments on how. Cryptocurrency is stored and transferred and traded, and I’m always looking for those trends.
Brian Thomas: Thank you. Really appreciate that and I, I appreciate you staying at, on top of this, ahead of this.
As and you mentioned this, the law is traditionally about a step behind emerging technologies. I’m glad that California has come out with a financial and digital assets law recently, but the way you explain for our audience, how you’re looking ahead, looking at how it’s stored, invested, traded, that sort of thing is really important for us here listening, but also for your clients.
Hussein, how do spouses use cold wallets, privacy coins, and blockchain to conceal wealth and how forensic accountants trace them?
Hossein Berenji: I’m sure your audience is pretty well versed in these items, but just to just kind of recap, cryptocurrencies and wallets. I mean, these are instruments that hold the, the code, the key to the cryptocurrency.
You have institutions like centralized crypto exchanges or decentralized crypto exchanges. You have, public or private coins and you have blockchains. Any investigation that we do, uh, relates to all of these different parts of the cryptocurrency. Whether it’s the amount, whether where the key is located, whether it’s the going through the blockchain and looking at the transactions, looking at whether it’s a private coin or a public coin, and looking at the exchanges.
So every, the way that cryptocurrency is held is really dictates what we really need to do. So, for example if the. The currency is in a centralized crypto exchange that makes our job a lot easier. We can just subpoena an institution such as Coinbase and it’s kind of like a, an exchange just like Mel Wrench or Morgan Stanley for stocks, and we’re able to get a lot of information fairly easily.
Obviously it’s a lot harder when you’re talking about decentralized crypto exchanges that creates more problem. Same thing when you’re dealing with whether you’re talking about a hot wallet or a cold wallet. Well, hot wallets are online based. There are, they’re easier to potentially access.
We can but cold wallets are very difficult because you’re, we’re now looking at a physical. A location, maybe a vault, maybe a USB drive that we don’t have access to that has that information. So the nature of where these assets and how they’re kept are really important and it really. Determines what type of plan we need to implement to be able to find this information.
Typically we there different ways to get the information from the other side. So for example, we send regular discovery, meaning that we ask the others person to identify. Their cryptocurrency. And when they do identify their cryptocurrency, it’s usually in an exchange. And we can subpoena the exchange and we can get the information that we need.
Now, what happens when they’re not truthful? And that’s kind of where the concern is. So then we need to de, we look at the income, we look at the assets. The money has to have gone somewhere. If it was not sent spent, it’s saved. And if it is saved, then where is it saved? And if we don’t have the information of where it’s saved, then we dig deeper.
And this is where getting help from my own clients are really important because they’re always hearing things. They’re, they’re, they have suspicions. There might be, they might overhear their spouse talking on the phone with a friend. And we get clues. We get certain clues in the case of where some of these assets are, and this is where we need to go into their, let’s say, their electronic devices and get orders to be able to get copies of their hard drives.
Look at bank statements to see if money’s been moved around, where’s the money moved around, and then from there. Uh, we kind of go, go to next, the next step. Okay. Now that we have certain indications that money’s been hidden we try to get access to the electronic equipment. Once we have access to that, then we have a forensic.
In forensics go through. There. Electronic equipment and find traces of trades, traces of investments. And then from there we ultimately, we are trying to look at the flow of money in and out of their accounts and determine where the money’s gone. And once we find that kind of.
Beginning point, then we can follow that trail down the rabbits hole and try to get to the exchange and get to the assets. So, it’s a lot of variety of different tools that we use. Some are voluntary, some are investigative, some are through forensic accountants. Some are forensic computer scientists who go through the through the computers to figure this information out.
And, and the overall, there are a lot of different steps and the more. An individual’s trying to hide it. Obviously it’s more difficult and there are more processes in place and more time that it takes to be able to unveiled what’s being hidden. In family law the good thing is that time.
Doesn’t really hurt you because if an asset is disposed of, you can always go back and try to get that particular reimbursement on another asset. And usually when we’re dealing with high net worth individuals, sure they might have a million dollars in cryptocurrency or even more, but they’re gonna have other assets.
And therefore, if there are. They’re being underhanded, they’re lying, and they’re cheating, and they’re hiding assets. Once we find that out, even if it’s been let’s say transferred, if it’s been transferred to overseas, if it’s been liquidated, we’re able to offset those type of hidden assets from other assets.
So we usually are able to protect our clients, and it does take time, and sometimes by the time we are able to find the information, the asset is liquidated. But we’re still able to protect our clients on the backend from an offset on the other assets.
Brian Thomas: Thank you. Really appreciate that. Just unpacking some of what you said here, the crypto and digital assets terminology that you shared with our audience is certainly helpful, especially as it relates to what you do.
But knowing how crypto is held, stored, whether it’s stored in an exchange or in a cold wallet, which obviously is harder to obviously get ahold of. But in your profession in law, helping us understand how you performed that discovery issue, subpoenas, et cetera, was very helpful. And. You went even deeper into some of that discovery.
Obviously, there’s a financial paper trail as we used to call it. There’s ways you can see where there’s credits, debits, and you can see where maybe some assets were transferred, maybe into digital assets. So I really appreciate that. And Hossein looking ahead. Last question here. Do you believe, what do you believe is the future of divorce and family law, especially as technology, wealth distribution, and societal expectations continue to change?
Hossein Berenji: Uh, with respect to technology, I mean, technology can be a real benefit to society as a whole. It could also be very beneficial to individuals because it enables them, it enables them to engage in immediate financial transactions. And a multitude of financial instruments encrypting cryptocurrency.
So, people are able to create wealth much faster if they’re savvy enough and follow the market. Or they could use their cryptocurrency to invest I mean, and move money around much faster. So, you do have a benefit and an upside with the technology, but the downside, it also creates. A lot of hardship on us as family attorneys to discover some of these assets.
So I think, uh, as technology changes in society becomes more web-based, especially in an error of ai, we will see more web-based development. That, that’s have significant va value, which will be harder to trace. So people will use the web-based, the technology to create wealth. It would c cause more, um.
Litigation, it would cause more cost and it would cost us a lot more to be able to find that information. So as technology increases, our job gets harder. And I think that that’s kind of a, a relationship that, that is undeniable. It’s gone a lot harder. It was much easier to subpoena a bank. Find assets or financial institutions, it was much easier to find the information out.
But now it’s getting harder and I think it’s gonna continue getting harder, and we have to become more innovative and use more experts to try to untangle the web of financial deceit that happens through cryptocurrency. With respect to, I think you mentioned wealth disparity.
I mean, I think that, you know, what, what’s going on with the distribution of wealth? I think wealth disparity is the, an important topic that we do have to talk about. I think that the middle class is shrinking. I think there the wealth gap is increasing and I think as the wealth gap increases and you have the middle class shrinking, you’re gonna have the.
The nature of family law, the never nature of divorce changes as well. There will be more consolidation of firms, I believe, and I think it’s happening. I, I think that a lot of firms are consolidating the number of complex cases needing high power attorneys diminish. And I believe that as a nature of people’s assets change, so will the nature of the attorneys, the social expectations I think you’re talking about.
Just, I mean, I get that. My, my, what I go to when I hear that is people’s relationships socially, meaning are they getting married? Are they not getting married? There’s definitely less marriage that’s happening right now. And people, a lot of people are getting married, are having prenups, so that in itself changes the practice.
Family law, I’m not sure if that’s what you meant. You know, we have, if we have less marriages and we have prenups that have less less fighting at the backend we’re gonna have less divorces and, less need for high powered attorneys dealing with a lot of these things in the future, if that’s what you meant. If not, I, I can.
Brian Thomas: No, that’s perfect. I appreciate that. I really do. And just kind of going backwards, there is gonna be a lot of societal change. We’re seeing it today less marriages a lot of prenupts, as you said. And hopefully that makes life a little bit easier for everybody. Just to go into tech a little bit.
You talked about tech being a great benefit for society as a whole, which we talk about tech here on the podcast quite a bit. People are able to create wealth much faster, transfer wealth faster, uh, that sort of thing. But alternatively, it can be hard for lawyers like you to find and discover these financial and digital assets, which I agree.
And hopefully we can start to make that even more transparent. Typically digital assets on the blockchain are very open, very transparent, and everything could be tracked there. It’s just a matter of how did the money get transferred into that particular chain. So I appreciate that and Hossein, it was certainly a pleasure having you on today and I look forward to speaking with you real soon.
Hossein Berenji: It was a pleasure to be on the show. Thank you so much.
Brian Thomas: Bye for now.
Hossein Berenji Podcast Transcript. Listen to the audio on the guest’s Podcast Page.
