Cryptocurrency Asset Disclosure Discovery Supplement

CRYPTOCURRENCY ASSET DISCLOSURE DISCOVERY SUPPLEMENT

DISCOVERY STRATEGY NOTES

Purpose: This discovery supplement targets the identification, valuation, and location of all digital assets held, controlled, or beneficially owned by the other party, including cryptocurrency, non-fungible tokens (NFTs), decentralized finance positions, staking arrangements, and related holdings.

Scope: Discovery extends to assets held directly, through intermediaries (exchanges, custodians, wallets), and indirectly through smart contracts or DeFi protocols. This includes assets titled in the party's name, accounts held in another's name for the party's benefit, and assets in which the party has a present or future interest.

Critical Concerns in Cryptocurrency Disclosure:

• Self-custody wallets leave no institutional record; party may claim assets do not exist
• Offshore or privacy-focused exchanges (Monero, Zcash wallets) obscure transaction history
• Hardware wallets stored in safes or safety deposit boxes may be undisclosed
• DeFi yield farming and liquidity pools generate unreported income and assets
• Staking operations produce ongoing rewards and passive income streams
• Cross-chain bridges enable asset concealment across multiple blockchain networks
• Seed phrases and private keys may be hidden with third parties or in digital vaults

Recommended Preparation:

1. Obtain blockchain forensic expert declaration on wallet identification and tracing
2. Subpoena tax returns (Schedule C, Form 8949, crypto reporting forms)
3. Subpoena email accounts, cloud storage, and password managers
4. Request bank statements for crypto purchase withdrawals and exchange deposits
5. Identify known exchange accounts from preliminary disclosures or social media

INTERROGATORIES TO REQUESTING PARTY

1. Identification of Exchange and Custodial Accounts

State the name, account holder name, account number (or last four digits if full account number is not provided), cryptocurrency symbols, approximate quantity of each digital asset, and approximate fair market value as of [DATE], for every digital asset exchange account, custodial account, or hosted wallet in which you hold, own, control, or have any beneficial interest, including but not limited to accounts at Coinbase, Kraken, Binance, FTX, Gemini, Celsius, BlockFi, Voyager Digital, and any other exchange or custodian, whether active, inactive, or closed during the past [3/5] years.

2. Self-Custody and Hardware Wallets

Identify every hardware wallet (including Ledger, Trezor, KeepKey, or other model), software wallet (including MetaMask, Trust Wallet, Exodus, or other applications), and self-custody arrangement in which you hold private keys or seed phrases controlling digital assets. For each wallet, provide: (a) the blockchain network and cryptocurrency type; (b) the public wallet address; (c) approximate quantity and fair market value as of [DATE]; and (d) the location where private keys or seed phrases are stored.

3. Authorized Users and Custodians

Identify any person, trust, entity, or service provider (including family members, financial advisors, accountants, or attorneys) who holds, controls, or has access to private keys, seed phrases, passwords, or other authentication credentials granting access to any of your digital asset accounts or wallets.

4. NFTs and Digital Collectibles

State every non-fungible token (NFT), digital collectible, or similar digital asset held in your name or for your benefit, including but not limited to OpenSea, SuperRare, Foundation, Rarible, or any blockchain-based platform. For each NFT, provide: (a) the contract address and token ID; (b) the blockchain network; (c) the marketplace or platform where held; (d) the approximate acquisition date and price; and (e) the estimated current fair market value.

5. DeFi Positions and Smart Contracts

Describe every decentralized finance (DeFi) position, liquidity pool, yield farming arrangement, lending protocol position, borrowing position, options contract, or other smart contract in which you hold or control a beneficial interest. For each position, provide: (a) the protocol name and website; (b) the blockchain network; (c) the digital assets involved; (d) approximate quantity and fair market value; and (e) any anticipated rewards, yields, or future payments.

6. Staking Operations and Passive Income

Identify every staking arrangement, validator node, validator pool, or similar arrangement through which you earn or expect to earn rewards, yields, or passive income from digital assets. For each arrangement, provide: (a) the cryptocurrency or digital asset being staked; (b) the quantity staked; (c) the annual percentage yield (APY) or reward rate; (d) the location or platform (exchange, self-custody, dedicated service); and (e) all rewards received in the past [12] months.

7. Wrapped, Bridged, and Cross-Chain Assets

Identify every wrapped token, bridge token, cross-chain version, or alternative representation of a digital asset held in different forms or on different blockchain networks. For each, provide the underlying asset, the wrapper or bridge platform, the blockchain network, quantity, and fair market value.

8. Prior Transfers and Dispositions

Describe every transfer, sale, exchange, gift, or other disposition of digital assets during the past [3/5] years, including the date, type and quantity of asset, the counterparty or recipient, the consideration received, and the purpose of the transaction.

9. Lost, Stolen, or Inaccessible Assets

Identify every digital asset that you have lost access to, that has been stolen or compromised, or that you represent is no longer accessible due to forgotten passwords, lost seed phrases, or other reasons. For each, provide the asset type, approximate quantity, approximate value at time of loss, and the date of loss or last access.

10. Tax Reporting and Income Records

Provide copies of all Forms 1099-K, Forms 1099-B, Forms 1099-MISC, Schedule C filings, Form 8949 filings, and all other tax documents or returns in which you reported income, gains, losses, or other tax consequences related to digital asset transactions during the past [3/5] years.

11. Account Access Credentials

For each digital asset account identified above, state whether you consent to providing the requesting party with temporary read-only access to the account or wallet, or alternatively, whether you will authorize the exchange or custodian to provide account statements, transaction history, and current holdings to the requesting party's counsel.

REQUESTS FOR PRODUCTION OF DOCUMENTS

1. Exchange Account Statements

All statements, account records, transaction histories, monthly statements, confirmation emails, and other documents received from or generated by any digital asset exchange, custodian, or wallet service regarding your account(s), covering the entire period of account ownership or the past [3/5] years, whichever is longer.

2. Hardware and Software Wallet Documentation

All records, receipts, invoices, purchase confirmations, setup guides, recovery codes, backup confirmations, or other documentation related to hardware wallets (Ledger, Trezor, KeepKey, etc.) or software wallets (MetaMask, Trust Wallet, Exodus, etc.) held in your name or for your benefit.

3. Password Managers and Digital Vaults

All screenshots, printouts, or exports from password management applications (1Password, LastPass, Dashlane, etc.) or digital vaults containing login credentials, seed phrases, private keys, or authentication tokens for any digital asset account or wallet.

4. Blockchain Addresses and Records

A complete list of all blockchain addresses (public keys) associated with your digital asset holdings, along with blockchain explorer screenshots, transaction histories, or other records documenting the history and current balance of each address.

5. DeFi Protocol Records

All screenshots, wallet connection records, transaction receipts, or other documentation of positions in decentralized finance protocols, including liquidity pools, lending platforms, yield farming arrangements, governance token holdings, and related positions.

6. Staking Confirmations and Reward Records

All confirmations, receipts, monthly statements, reward accrual records, or documentation of participation in staking programs, validator operations, or other arrangements generating passive income from digital assets.

7. Email Communications

All email communications, including sent and received messages, containing references to digital assets, cryptocurrency exchanges, wallet setup, blockchain addresses, account access, transactions, or valuations, from accounts you own or control during the past [3/5] years.

8. Loan Agreements and Collateral Arrangements

All agreements, promissory notes, loan documents, or other records related to borrowing against or pledging digital assets as collateral, including agreements with Celsius, BlockFi, or other lending platforms.

9. Insurance and Security Documents

All insurance policies, security protocols, vault access agreements, safe deposit box rental agreements, or other documentation related to protection or storage of hardware wallets, seed phrase backups, or other digital asset security measures.

10. Professional Advisor Communications

All communications with accountants, tax advisors, financial planners, attorneys, or blockchain consultants regarding valuation, taxation, security, or management of digital assets during the past [3/5] years.

11. Blockchain Forensic Reports

If you have commissioned any blockchain analysis, wallet tracing, transaction forensics, or other expert analysis of digital asset transactions or holdings, all reports, invoices, and related correspondence.

SUBPOENA DUCES TECUM TO CRYPTOCURRENCY EXCHANGE

IN THE MATTER OF THE DIVORCE OF

SUBPOENA DUCES TECUM TO [EXCHANGE NAME/ENTITY]

TO: [Coinbase, Inc.] / [Kraken, Inc.] / [Binance] / [Other Exchange Name]
Custodian of Records: [Address of Custodian of Records or Legal Department]

FROM: [YOUR NAME], [TITLE], [LAW FIRM]

YOU ARE COMMANDED to produce the documents and things described below in the manner specified below, for use at trial or hearing on the date [DATE], or as otherwise ordered by the Court.

CASE INFORMATION:

• Case Name: [NAME v. NAME]
• Case Number: [NUMBER]
• Court: [COURT NAME]
• Trial/Hearing Date: [DATE]

ACCOUNT IDENTIFICATION

Account Holder Name: [___________________________]
Account Email Address(es): [___________________________]
Account Number or User ID: [___________________________]
Alternative Account Identifiers: [___________________________]
Period Covered: [___________________________] through [___________________________]

DOCUMENTS AND THINGS REQUESTED

1. Complete Account Records: All account opening applications, identity verification documents (KYC/AML), account agreements, and current account profile information for the above-identified account(s).

2. Transaction History: A complete transaction history or ledger showing every transaction (including buys, sells, deposits, withdrawals, transfers, gifts, staking, yield farming participation, or other activity) for the requested period, in downloadable format (Excel, CSV, or PDF).

3. Holdings Snapshot: A complete statement of all digital assets currently held in the above-identified account(s), including asset type, quantity, and current fair market value, as of [DATE].

4. Account Statements: All monthly or periodic account statements, confirmations, and notices provided to the account holder during the requested period.

5. Withdrawal Records: All records of digital asset or fiat currency withdrawals from the account(s), including destination addresses, recipient information, dates, and amounts.

6. Deposit Records: All records of digital asset or fiat currency deposits into the account(s), including source information, dates, and amounts.

7. Address Mapping: A mapping of all cryptocurrency or blockchain addresses associated with the account(s), including deposit addresses, withdrawal addresses, and linked wallets.

8. Staking and Rewards: Any records of staking participation, yield farming, rewards accrual, or passive income generation from the account.

9. Loan and Collateral Information: Any records of loans, margin accounts, lending agreements, or arrangements in which digital assets in the account(s) are pledged as collateral.

10. Account Access Log: All records showing access to the account(s), including login dates, times, IP addresses, and any unusual or suspicious access.

11. Regulatory Filings: Any Currency Transaction Reports (CTRs), Suspicious Activity Reports (SARs), or other regulatory filings related to the account(s).

PRODUCTION SPECIFICATIONS

All documents shall be produced in their original electronic format where electronically stored. If hardcopy production is necessary, documents shall be produced in chronological order and clearly labeled by category. All responsive documents shall be produced without redaction unless a specific privilege or protection applies, in which case a privilege log identifying withheld documents shall be provided.

Produce documents in a single shipment to:

[YOUR NAME]
[LAW FIRM]
[ADDRESS]
[CITY, STATE, ZIP]

NOTICE OF RIGHTS AND RESPONSIBILITIES

This subpoena is issued under [STATE] Rules of Civil Procedure [___]. You are required to produce the requested documents within [14 days] of receipt, unless extended by court order or agreement of the parties.

If you have objections to this subpoena, you must file a motion to quash or modify within [14 days] of receipt.

SIGNATURE AND CERTIFICATION

I certify that I have authorized the service of this subpoena and that the information contained herein is true and correct.

Dated: [__/__/____]

_________________________________
[YOUR NAME]
[YOUR TITLE]
[LAW FIRM NAME]
[STATE BAR NUMBER]

AFFIDAVIT OF DIGITAL ASSET DISCLOSURE

IN THE MATTER OF THE DIVORCE OF

AFFIDAVIT OF FULL DISCLOSURE OF CRYPTOCURRENCY AND DIGITAL ASSETS

I, [PARTY NAME], being duly sworn under penalty of perjury, declare as follows:

1. INTRODUCTION

I am the respondent/petitioner in the above-captioned matter. I am competent to testify to the facts stated herein based on my personal knowledge. I make this affidavit to provide a complete and accurate disclosure of all digital assets, cryptocurrency holdings, NFTs, DeFi positions, and related holdings as required by court order and applicable discovery rules.

2. COMPLETENESS AND ACCURACY

I understand that the discovery rules and court orders in this case require me to provide a complete and accurate disclosure of all assets, including digital and cryptocurrency assets. I acknowledge that I have conducted a diligent search of my records, accounts, communications, and devices to identify all digital assets in which I hold, own, control, or have any beneficial interest.

I further acknowledge that I have consulted with my accountant, financial advisor, or other professionals to ensure completeness, and that I have reviewed all bank statements, email communications, cloud storage, and password managers to identify digital assets.

I swear under penalty of perjury that the disclosures set forth below are true, accurate, and complete as of the date hereof.

3. SUMMARY OF DIGITAL ASSETS

As of [__/__/____], the total fair market value of all digital assets disclosed herein is approximately $[_______________].

4. EXCHANGE AND CUSTODIAL ACCOUNTS

The following table lists all digital asset exchange accounts, custodial accounts, and hosted wallets in which I hold, own, or control digital assets:

5. SELF-CUSTODY WALLETS

I hold private keys or control the following self-custody wallets and hardware wallets:

6. NFTs AND DIGITAL COLLECTIBLES

I hold the following NFTs and digital collectibles:

7. DEFI POSITIONS

I hold positions in the following decentralized finance protocols, liquidity pools, and smart contracts:

8. STAKING OPERATIONS

I participate in the following staking arrangements:

9. PRIOR DISPOSITIONS

During the past [3/5] years, I have disposed of the following digital assets (sold, exchanged, gifted, or transferred):

10. INACCESSIBLE ASSETS

I am unable to access the following digital assets due to lost passwords, lost seed phrases, or other reasons:

| Cryptocurrency Type | Quantity | Estimated FMV | Reason for Inaccessibility |
|---|---|---|---|---|
| [___] | [___] | $[___] | [___] |

11. THIRD-PARTY AUTHORIZATION

The following persons or entities hold or have access to private keys or credentials granting access to my digital assets:

| Name/Entity | Type of Access | Assets Affected | Contact Information |
|---|---|---|---|---|
| [___] | [___] | [___] | [___] |

12. CERTIFICATION

I certify that I have disclosed all digital assets in which I hold or control any interest, and I understand that making a false statement in this affidavit may result in sanctions, contempt of court, or criminal penalties.

[Signature Page Follows]

SIGNATURE

In witness whereof, I have executed this affidavit on [__/__/____].

_________________________________
[PARTY NAME]

STATE OF [___]
COUNTY OF [___]

Subscribed and sworn to before me on [__/__/____] by [PARTY NAME], who [is personally known to me / produced identification].

_________________________________
Notary Public

My Commission Expires: [__/__/____]

PRESERVATION LETTER TO OPPOSING PARTY

[DATE]

[OPPOSING PARTY NAME]
[ADDRESS]

RE: PRESERVATION OF DIGITAL ASSETS AND CRYPTOCURRENCY HOLDINGS — [CASE NAME]

Dear [Opposing Party]:

This letter serves as formal notice that you are required to preserve, maintain, and prevent the destruction, deletion, or alteration of all digital assets, cryptocurrency holdings, blockchain addresses, hardware wallets, software wallets, private keys, seed phrases, and all related documents and information in your possession or control.

Specific Preservation Obligations:

1. All Digital Assets: Do not transfer, sell, exchange, gift, or otherwise dispose of any cryptocurrency, digital asset, NFT, DeFi position, or staking arrangement held in your name or for your benefit.

2. All Hardware Wallets: Do not destroy, reset, or alter any hardware wallets (Ledger, Trezor, KeepKey, etc.) or their backup seed phrases.

3. All Exchange Accounts: Do not close, transfer ownership of, or restrict access to any digital asset exchange accounts (Coinbase, Kraken, Binance, etc.).

4. All Documentation: Do not delete emails, messages, screenshots, transaction records, account statements, or other documents relating to digital asset holdings or transactions.

5. All Electronic Records: Do not delete or alter password managers, digital vaults, cloud storage files, or backup records containing information about digital assets.

6. All Blockchain Records: Do not attempt to obscure, alter, or delete public blockchain transaction records (note that public blockchain records cannot be altered, but do not attempt to transfer assets to obfuscate their origin or create confusion).

Consequences of Non-Compliance:

Failure to comply with these preservation obligations may result in:

• Court sanctions or contempt findings
• Adverse inference that undisclosed assets existed and were intentionally concealed
• Spoliation sanctions including default judgment
• Criminal prosecution for obstruction of justice or fraud
• Attorney's fees and costs

Acknowledgment Requested:

Please confirm receipt of this letter and your understanding of these preservation obligations by return email within [3 business days].

Sincerely,

[YOUR NAME]
[YOUR LAW FIRM]
[STATE BAR NUMBER]

DISCOVERY CHECKLIST AND SUPPLEMENTAL GUIDANCE

Phase 1: Initial Identification
☐ Review preliminary disclosures for cryptocurrency references
☐ Review tax returns for crypto-related income (Schedule C, Form 8949)
☐ Search social media for public references to holdings or exchanges
☐ Obtain credit reports and financial institution account lists
☐ Search Property appraiser records for safe deposit boxes or vaults
☐ Request preliminary discovery on exchange account identities

Phase 2: Exchange and Custodial Subpoenas
☐ Identify all known or likely exchanges from documents/disclosures
☐ Prepare subpoenas duces tecum for each exchange
☐ Serve subpoenas on exchange legal departments (certified mail)
☐ Track subpoena responses and follow up on overdue responses
☐ Review transaction histories for patterns of activity
☐ Identify withdrawal destinations and deposit sources

Phase 3: Blockchain Forensics
☐ Retain blockchain forensic expert if significant assets suspected
☐ Provide expert with known blockchain addresses from exchange records
☐ Request expert to trace transactions across chains
☐ Identify holdings in self-custody wallets
☐ Prepare expert report for use in discovery disputes or trial

Phase 4: Document Supplementation
☐ Subpoena email accounts for crypto-related communications
☐ Subpoena cloud storage (Google Drive, Dropbox, iCloud) for wallet files
☐ Subpoena password managers (1Password, LastPass) for stored credentials
☐ Request bank and credit card statements for crypto purchase withdrawals
☐ Request communications with accountants and financial advisors

Phase 5: Contempt and Enforcement
☐ If assets disclosed late or incompletely, file motion for sanctions
☐ Request adverse inference instruction if assets appear hidden
☐ Seek contempt order if party violates preservation obligation
☐ Request attorney's fees for discovery disputes
☐ Consider criminal referral for fraud/obstruction if warranted

END OF TEMPLATE