By Marc Hurwitz, former CIA officer and Florida Board Certified Investigator
When someone owes you money, the first question is almost always the same: where is it? Whether you are an attorney preparing to file suit, a creditor holding an unpaid judgment, a spouse facing a divorce, or an investor who suspects a partner is hiding funds, finding bank accounts is often the key to getting paid. It is also the area of investigative work most surrounded by myths, shortcuts, and outright illegal practices.
Search online and you will find websites promising to reveal anyone’s bank balance for a small fee. Some will claim they can produce account numbers within hours. Others quietly rely on phone calls to banks in which someone pretends to be the account holder. What most of these services do not mention is that a federal law, the Gramm-Leach-Bliley Act, makes many of these methods a crime, and that anyone who hires someone to use them may be exposed to civil and criminal liability as well.
For clients in Florida, and particularly in the busy legal and business communities of Miami-Dade and Broward counties, understanding this law is essential. The difference between a lawful asset search and an illegal one is not a technicality. It determines whether your findings can be used in court, whether your case is strengthened or compromised, and whether you are protecting your interests or creating new problems for yourself.
At Crossroads Investigations, every bank and asset search we conduct is designed to comply fully with the Gramm-Leach-Bliley Act. Below, we explain what the law is, how it applies to asset searches, which practices are permitted and which are prohibited, and why choosing a compliant, licensed investigator matters so much.
What Is the Gramm-Leach-Bliley Act?
The Gramm-Leach-Bliley Act, often called the GLBA or GLB Act, was signed into federal law in 1999. It is also known as the Financial Services Modernization Act because its primary purpose was to reshape the financial industry by allowing banks, securities firms, and insurance companies to affiliate with one another.
Because that consolidation meant financial institutions would hold and share more consumer data than ever before, Congress included significant privacy protections in the law. Those protections fall into several key areas:
- The Financial Privacy Rule, which governs how financial institutions collect and disclose consumers’ nonpublic personal information and requires them to give customers privacy notices
- The Safeguards Rule, which requires financial institutions to maintain security programs that protect customer information
- The pretexting provisions, which make it a federal crime to obtain customer financial information from a financial institution through false, fictitious, or fraudulent means
That last category is the one most directly relevant to asset searches, and it is where many unlicensed operators and online “bank locator” services cross the line.
Why the Gramm-Leach-Bliley Act Matters for Asset Searches
A comprehensive asset search often includes an effort to identify where a person or company banks. Real estate, vehicles, boats, and business filings are generally matters of public record in Florida, but bank and brokerage accounts are not. Financial institutions are legally obligated to protect that information, and the GLBA sets the rules for when and how it may be disclosed.
This creates a tension that every legitimate investigator must navigate. Clients have real, lawful reasons to know where a debtor’s money sits. Judgment creditors need to know which bank to serve with a writ of garnishment. Divorce attorneys need to identify accounts a spouse failed to disclose. Businesses investigating fraud need to trace where diverted funds went. At the same time, the law prohibits deceptive methods of obtaining that information.
The answer is not to ignore the problem or cut corners. It is to use lawful investigative methods that identify banking relationships without deceiving financial institutions or their customers.
What Is Pretexting and Why Is It Illegal?
Pretexting is the practice of obtaining information under false pretenses. In the context of financial investigations, it typically looks like this:
- Calling a bank while pretending to be the account holder to confirm a balance or account number
- Posing as a bank employee, auditor, or regulator to extract information
- Using stolen or fabricated identifying details, such as a Social Security number or date of birth, to access account information
- Sending forged documents to a financial institution to obtain records
- Asking someone else to do any of the above on your behalf
Under the GLBA, it is illegal to obtain or attempt to obtain customer information from a financial institution through these kinds of deceptive methods. It is also illegal to request that another person obtain that information knowing it will be obtained through pretexting. That second point is critical. Clients who hire an investigator or online service that relies on pretexting are not insulated from the consequences simply because someone else made the phone call.
Violations can carry substantial fines and federal prison sentences, with enhanced penalties in aggravated cases. Beyond criminal exposure, illegally obtained information can be excluded from court proceedings, damage an attorney’s credibility before a judge, and give the opposing party grounds to turn the tables in litigation.
What Is Legal: Lawful Methods for Bank Account Searches
The good news is that the GLBA does not make bank account searches impossible. It makes deceptive ones illegal. Experienced investigators can often identify banking relationships through lawful techniques that involve no pretext to the financial institution or its customer. As part of understanding what an asset search includes, it helps to know the kinds of sources a compliant investigation may draw from:
- Public records, such as UCC filings, real estate records, mortgage documents, and property transfers that can reference lenders and payment sources
- Vehicle and vessel records, which may reveal financing relationships
- Court records, including prior lawsuits, divorce filings, bankruptcy cases, and judgment dockets that sometimes reference accounts
- Business filings and licenses, including sales tax permits and corporate records
- Payment records connected to public entities, such as county tax collectors
- Information lawfully shared by creditors and payment processors, which can indicate the institutions a subject uses to make payments
- Information provided by the client, such as canceled checks, wire confirmations, or prior transaction records
The GLBA also contains specific exceptions that permit disclosure of financial information in certain circumstances, including to persons holding a legal or beneficial interest relating to the consumer and to protect against or prevent actual fraud, unauthorized transactions, claims, or other liability. When a case genuinely meets those standards, additional information may be lawfully obtainable.
What Is Not Legal: Common Violations to Avoid
Just as important as knowing what investigators can do is recognizing what they cannot. If any service offers the following, treat it as a serious warning sign:
- Guaranteed account numbers or exact balances for anyone, with no questions asked about your purpose
- Results delivered through calls to the bank or “insider contacts” at financial institutions
- Searches run for curiosity, personal disputes, or undisclosed reasons
- Asset searches used to make decisions regulated by the Fair Credit Reporting Act, such as employment, credit, tenant screening, or insurance eligibility
- Unlicensed operators with no verifiable Florida address or license number
A legitimate investigator will ask why you need the information. That is not an obstacle. It is a sign that the investigator understands the law and is protecting both you and the integrity of your case.
Permissible Purposes for Asset Searches in Florida
Asset searches must be tied to a legitimate legal or business purpose. At Crossroads Investigations, common permissible reasons include:
- Pre-litigation evaluation, to determine whether a defendant has collectible assets before you spend time and money on a lawsuit
- Post-judgment collection, to locate accounts and property that can be garnished, levied, or reached through a charging order
- Divorce and family law matters, to identify undisclosed accounts and challenge incomplete financial affidavits
- Probate and estate disputes, to locate assets belonging to an estate
- Fraud investigations, to trace diverted or stolen funds
- Investment and business due diligence, including mergers, acquisitions, and partnership evaluations
Each of these purposes involves a legitimate interest, and each benefits from findings that are documented, lawful, and defensible.
Why Compliance Matters for Florida Attorneys and Their Clients
Florida’s courts, including the busy circuit courts in Miami-Dade County and Broward County, expect evidence and investigative findings to be obtained properly. Attorneys have professional and ethical obligations that extend to the investigators they retain. If an investigator uses pretexting, the resulting information can taint discovery, jeopardize the case, and potentially raise questions about counsel’s conduct.
Compliance also matters for practical reasons. A report built on lawful methods can be relied upon to support a writ of garnishment, inform settlement negotiations, and guide post-judgment discovery under Florida’s rules of civil procedure. A report built on illegal methods is a liability waiting to surface.
In Florida, private investigators are licensed and regulated by the state under Chapter 493 of the Florida Statutes. Working with a licensed firm gives clients accountability, a verifiable track record, and investigators who understand how federal privacy law intersects with Florida collection and litigation practice.
What a Lawful Asset Search Can Reveal
Even without bank balances or account passwords, a professional investigation often uncovers a remarkably complete financial picture. Understanding what an asset search reveals shows why lawful methods are more than sufficient for most cases. Findings may include:
- Residential, commercial, and investment real estate, including property held through LLCs or trusts
- Business ownership interests and corporate affiliations
- Vehicles, boats, yachts, and aircraft, which are especially relevant in South Florida
- Indicators of banking and brokerage relationships
- Liens, judgments, and bankruptcies that affect collectability
- Property transfers suggesting assets may have been moved to relatives or related entities
In many cases, identifying the institution where a debtor banks is exactly what an attorney needs to move forward with lawful legal process such as garnishment or a subpoena.
Serving Miami, Fort Lauderdale, and All of South Florida
The bulk of our work comes from Miami-Dade and Broward counties, where high-value real estate, complex business structures, international capital, and marine assets make asset investigations both common and challenging. Whether your matter involves a debtor in Miami, a business dispute in Fort Lauderdale, or a subject with holdings across multiple states, our investigators combine local knowledge of Florida records with nationwide and international investigative reach. Our asset searches are offered on a flat-rate basis, so you know the cost before the work begins.
This is how we run a legal asset search under the act.
Choose a Compliant Asset Search Partner in Florida
The Gramm-Leach-Bliley Act exists to protect consumers from deception, and it draws a firm line between legitimate investigation and illegal intrusion. For clients, the takeaway is simple: how information is obtained matters as much as the information itself. Findings gathered through pretexting can collapse under scrutiny, harm your case, and expose you to legal risk. Findings gathered through lawful, documented methods give you leverage you can actually use, whether you are enforcing a judgment, preparing for litigation, negotiating a divorce settlement, or protecting an investment.
Crossroads Investigations has built its reputation throughout Florida by delivering asset searches that are thorough, discreet, and fully compliant with federal and state law. Attorneys, lenders, businesses, and individuals trust our team because our reports hold up when it counts. You can learn more about our firm and explore our full range of investigative services, from asset searches and background reports to fraud and corporate investigations.
If you need to locate assets in Miami, Fort Lauderdale, or anywhere in South Florida, do it the right way from the start. Contact Crossroads Investigations today for a free, confidential consultation and find out how a lawful asset search can strengthen your position.
