Argument (#3-4 March-April 2021)

What is a Sham?

by Anna Filonenko

In the context of a trust law, a sham is an appearance of a transaction that creates a binding trust, but its substance is that the settlor remains the beneficial ownership of, and has effective control, over the trust property. When a purported trust is, in fact, an attempt to deceive and achieve some other purpose such trust can be established to be an invalid trust, a sham.

Anna Filonenko, Ph.D in Law, is an expert in criminal law

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