How to Find and Recover Assets in Moldova: From OSINT to Asset Seizure

— First, that statement needs to be checked. The debtor may own real estate, vehicles, shares in companies or money owed to them by others. It is also important to establish whether they sold any property before the dispute. We examine the documents and assets to assess the prospects of litigation and the possibility of recovering money after a judgment.

— OSINT means finding and analysing information from open sources. We cross-reference information from registers, court judgments, websites, advertisements and publications. We examine the digital footprint, including publicly available data on domains and IP addresses, as well as public blockchains.

For example, an advertisement offering equipment for sale may help identify a company's asset. But the information must be verified. OSINT does not give anyone the right to obtain confidential banking data by circumventing the law; the procedures provided for by law are used to obtain such data.

— Colenco Legal has specialists who have obtained the Practical OSINT Research Professional (PORP) professional certification from TCM Security. It confirms their skills in searching and analysing open sources and preparing reports. The specialists verify the information, while the lawyers determine how to use it in the case. We document and sign our research findings.

— First, we check who owns it: the car may be rented or a company vehicle. The same applies to an apartment: living in it does not prove ownership. A photograph provides a reason to investigate, while documents establish the owner. If the property belongs to the debtor and there are grounds for interim measures to secure the claim, a lawyer can ask the court to attach it.

— We preserve sources, dates, original files and technical data, and corroborate material findings with documents and other sources. A lawyer submits the materials in the prescribed form and, where necessary, asks for documents to be obtained or an expert examination to be ordered. The court assesses them together with the other evidence. A specialist's certificate does not, by itself, turn a report into a forensic expert examination.

— Yes, through interim measures to secure the claim. It is necessary to substantiate why enforcement of the judgment would be impossible without them: for example, by providing evidence of asset sales that create a risk to recovery. The measure must be proportionate to the claim. If the application is filed together with the claim, it is considered on the day the court issues its order accepting the claim, without notifying the defendant.

— Failure to repay a debt does not, in itself, amount to fraud. A contractual dispute is handled through civil proceedings. Where there are indications of deception or misappropriation of property, a report to the law enforcement authorities is prepared.

In criminal proceedings, seizure generally requires authorisation from an investigating judge or a court order. Urgent cases are subject to subsequent judicial review. ARBI, the agency within the CNA, also takes part in tracing criminal assets within its remit.

— We check the date of the transaction, the price, whether payment was actually made and how the property continued to be used. This helps assess whether the transfer can be challenged. In criminal proceedings, property that actually belongs to a person involved in the case may be taken into account even if it is registered in another name. But evidence is required: a family relationship alone is not enough. The rights of good-faith third parties are also protected by law.

— Transfers between addresses can be traced on public blockchains. But a wallet address does not, by itself, identify the owner: additional information is needed.

If an exchange or cryptocurrency exchange service is identified, we assess the options for preserving data and restricting transactions. In our practice, there have been cases where exchanges or cryptocurrency exchange services suspended transactions following a formal request. This is a decision made by the platform under its own procedures, not a seizure imposed by a lawyer. Recovery cannot be guaranteed before the case has been examined.

— Establish the country, the owner and the type of property. A local lawyer, a foreign court, recognition and enforcement of a judgment, or international legal assistance may be needed. Filing an application in Moldova does not automatically freeze a foreign account. The location of the assets affects the time, costs and prospects of recovery.

— Seizure preserves the possibility of recovery but does not mean payment. In our practice, debtors often repay the debt voluntarily after their assets have been seized. Otherwise, compulsory enforcement of the judgment may be needed, including the sale of property. Security interests, other creditors and costs are taken into account. Confiscation in favour of the state likewise does not mean automatic compensation for the victim.

— Criminal proceedings have been initiated following our reports of cryptocurrency fraud and misappropriation. Our research has been used to support applications on which courts granted interim measures, and assets were seized in criminal proceedings. We continue to handle the case after the research is completed. Actual recovery depends on the evidence, decisions and available assets.

— Preserve contracts, payment records, correspondence and original files. For cryptocurrency transfers, the network, wallet addresses, amounts, dates and transaction identifiers are needed. If fraud is suspected, promptly notify the bank or platform, report the matter to the competent authority and determine the urgent steps with a lawyer. If the funds are still being moved, you cannot wait for an extensive investigation to be completed.