As attorneys with our practice concentrating in offshore asset protection planning, a question we often hear is, “Will I go to jail if I set up an offshore trust?” The short answer continues to be “no.” The more complete answer is: “not if the trust is competently prepared and properly implemented.”

Case in point: Branch Banking & Trust v. Hamilton Greens. The decision in this 2014 case reaffirms the right of individuals and businesses to engage in asset protection planning without fear of being incarcerated for contempt.