Defense Discovery Checklist
A plain-English checklist for organizing records before a financial dispute becomes chaotic. Bring this to counsel or a qualified forensic professional before drawing conclusions.
I. The Core Records To Organize
Do not guess from memory. Collect records, preserve originals, and let counsel decide what should be requested, subpoenaed, or reviewed by an expert.
Collect: complete monthly statements for checking, savings, brokerage, retirement, and credit cards. Include all pages, even blank or disclosure pages.
Collect: filed returns, W-2s, 1099s, K-1s, business schedules, and any records counsel may use to request official transcripts.
Collect: mortgage, auto, business, and credit applications. These often list income, assets, debts, and ownership interests in a structured way.
Collect: exports from Venmo, Cash App, PayPal, Zelle records, and any exchange account activity connected to bank transfers.
Collect: business bank accounts, accounting exports, invoices, payroll summaries, vendor payments, shareholder loans, and ownership documents.
II. Red Flag Worksheet
These signals do not prove misconduct. They identify records that may deserve deeper review by counsel or a qualified financial professional.
| Signal | Review Action |
|---|---|
| Lifestyle exceeds reported income Spending appears inconsistent with disclosed cash flow. |
Compare deposits, credit card payments, loan payments, and recurring expenses against stated income. Note source documents for each exception. |
| Business income changes abruptly Revenue drops or expenses rise near separation or filing. |
Review customer invoices, receivables, payroll, owner draws, and margin changes over time. Compare against prior-year patterns. |
| Repeated transfers below obvious thresholds Multiple similar withdrawals or transfers occur close together. |
Aggregate transfers by date, recipient, account, and memo. Avoid conclusions until the pattern is reconciled against ordinary business or household activity. |
| Payments to unfamiliar entities Consultants, LLCs, or vendors are not easily explained. |
Identify ownership, purpose, invoices, proof of services, and whether funds return through another account or related party. |
| Digital asset or payment-app activity Bank transfers lead to exchanges, wallets, or payment apps. |
Request full exports rather than screenshots. Preserve timestamps, wallet IDs, counterparty names, and bank transfer references. |
III. Trace Preparation Workflow
The strongest review packet is organized before analysis begins.
Collect source records
Gather statements, exports, tax records, loan applications, payment app histories, and entity records. Keep originals unchanged.
Normalize and reconcile
Convert records into reviewable tables, reconcile opening and closing balances, and document missing periods.
Trace funds and exceptions
Follow deposits, balance dips, transfers, reimbursements, loan proceeds, and account-to-account movement.
Prepare review notes
Separate confirmed facts from questions. Tie each issue to source documents and preserve assumptions for attorney review.
Export a review packet
Produce a packet that counsel or experts can inspect: source index, exception list, trace summary, and supporting references.