I’ll be honest… Part 1 stirred the pot. I’ve received messages ranging from “This is genius” to “How dare you use O.J. Simpson as a teaching example.” And I get it. His story is polarizing. What happened was tragic. There’s no debate about that.
But let me make one thing clear: I don’t have a dog in the fight. I’m not here to rehash the morality of the case or argue about guilt or innocence. My focus is on the overlooked part of the story – the financial strategy that allowed him to walk away from a $33 million judgment with his income intact. That’s the part business owners can (and should) learn from.
Because when you strip away the headlines and emotion, this is a masterclass in asset protection.
If you haven’t read Part 1 yet, I suggest starting there. It lays the foundation – how Simpson used Trusts, COPE laws, and legal structuring to safeguard his wealth. Without that context, this next layer might feel like a plot twist without the setup.
All caught up? Good. Let’s move on.
Setting The Scene
Late one night, I sat watching the O.J. Simpson documentary on Netflix again. There’s something about that story. The chaos, the courtroom drama, the media circus… that just keeps pulling me back in. But what really stuck with me wasn’t the glove (that didn’t fit), the verdict, or even the slow-speed Bronco chase. It was the aftermath.
The man walked away from a $33 million civil judgment, and his money did too.
How? Well, it wasn’t luck. It was strategy. And one of the most under-appreciated tools in Simpson’s asset protection playbook was how his team leveraged retirement accounts, state law, and trust planning to ensure his income stream kept flowing while creditors watched from the sidelines.
Welcome to Part 2 in our deep dive into how O.J. Simpson legally kept his wealth shielded, and what that means for you as a business owner, investor, or anyone looking to safeguard their financial future.
Before we go further, a quick reminder: I’m not a lawyer. This article is for educational purposes only. Always consult a qualified attorney and tax strategist before implementing anything you read here.
Let’s go.
The Money Machine That Kept Paying Out
O.J. Simpson had two major pension plans: one from the NFL and one from the Screen Actors Guild. Combined, these plans paid him tens of thousands of dollars each month… for life. Even after the civil court found him liable for wrongful death, those checks kept coming.
Why? Because they were legally untouchable.
Both pensions were structured to flow through a trust set up in Nevada… a state with some of the strongest asset protection laws in the country. When properly placed within a Nevada Asset Protection Trust (APT), the income generated from these retirement accounts was shielded from creditors. That meant the Goldman and Brown families, despite their legal victory, were locked out from accessing that money.
But that wasn’t all. Simpson also left behind his California home. He just walked away from it. Why? Because California’s asset protection laws are notoriously weak. In contrast to states like Florida or Texas, California offers little to no protection for equity in a primary residence once a civil judgment is entered.
Nevada, on the other hand, has Charging Order Protection and robust trust statutes that make it nearly impossible for a creditor to force distributions from a properly structured trust.
Nevada: Where Wealth Goes to Hide (Legally)
Let’s talk about Nevada for a second… and the need for consulting a truly knowledgable lawyer before you start planning.
Please Note: It’s important to consider the timing of when this strategy was originally implemented. Asset protection laws have evolved significantly since then. Today, many attorneys recommend using alternative domiciles for your trust. And the same logic applies to your entity and broader asset protection structure. The right approach depends on a range of factors, including where you live, where the client resides, where the asset is held, and how each state’s laws either shield or expose you. What you’re protecting, and from whom, matters. The goal is to tailor a strategy that fits your specific situation, not just apply a one-size-fits-all solution.
Let me say that again. This is not a suit collecting dust in the rack at JC Penny. For this to work, for you to be adequately protected. You need something bespoke. Can we keep this in mind as we continue?
The state of Nevada doesn’t just have gambling and neon lights. At least at that time, it had one of the most creditor-unfriendly legal environments in the U.S. That’s a good thing if you’re playing defense.
Nevada’s Charging Order Protection limits a creditor’s remedy to a charging order. Basically a right to wait for distributions that may never come. If the trustee of the Nevada APT doesn’t authorize a distribution, the creditor gets nothing. They can’t force liquidation. They can’t garnish the account. They can only sit and wait.
Combine that with privacy laws that don’t disclose trust ownership in public records… then you’ve got a fortress that’s difficult to breach.
The Retirement Account Loophole Most People Miss
Most people assume that retirement accounts are automatically protected from creditors. And to an extent, that’s true. But there’s a huge difference between ERISA-qualified plans and everything else.
ERISA (Employee Retirement Income Security Act) protects certain types of retirement accounts, like 401(k)s and defined benefit pensions, from creditors under federal law. That’s why Simpson’s pensions were safe.
But not all retirement accounts fall under ERISA. IRAs, Roth IRAs, and SEP IRAs are governed by state law. In some states, those accounts are well protected. In others, they’re wide open.
Simpson’s team understood this. They placed his pensions into a Nevada trust. That single move likely saved millions.
How Business Owners Can Build the Same Protection
You don’t need to be a retired athlete or actor to benefit from this strategy. If you’re a business owner with a Solo 401(k), a Roth IRA, or even a SEP IRA, you can legally structure those accounts to add layers of protection.
For example, let’s say you’re a Florida-based entrepreneur. Florida protects IRAs and Roth IRAs fairly well. But imagine if you moved those assets into a trust domiciled in a state where protection laws are rock solid. Now, you’re adding another jurisdictional layer that makes it harder for creditors to even get to the front door.
You can also use a Self-Directed IRA LLC, where the LLC is owned by your IRA and the IRA is held inside a trust. This gives you checkbook control and protection. Think of it like nesting dolls: each layer makes it harder to reach the center.
What People Get Wrong (And What to Do Instead)
The biggest mistake? Assuming a retirement account is automatically safe. If you’ve got money sitting in an IRA in California or New Jersey, you might be one lawsuit away from losing it all.
Another common blunder is mixing business and personal assets inside retirement accounts. By doing so, you may be creating confusion that can lead to disqualification or worse. Or assuming that you can “fix it later.” Once a lawsuit hits, your ability to move assets around is severely limited.
The key is to act before there’s a problem. Move assets. Structure accounts. Choose jurisdictions wisely. This is why asset protection may be expensive upfront. But you’ll be happy you spent the money now rather than losing everything later.
What We Can Learn from O.J. (Yes, Really)
Most people remember O.J. Simpson for what happened in court. But the real story is what happened after. While the public raged and the media questioned how he was still living comfortably, Simpson’s retirement accounts kept sending checks. His trust kept assets out of reach. And his legal structure held firm.
Was it controversial? Sure. But it was also 100% legal.
You may never find yourself in a courtroom, but if you own a business, hold real estate, or just have a decent retirement account, you’re at risk. Lawsuits are part of the American landscape. And trust me on this one… they’re not slowing down.
Retirement accounts shouldn’t just be about tax deferral. They should also be about defense. And defense wins championships.
Let me help you get protected in the best way possible. Book your free consultation today, and we’ll get everything sorted.
Welcome to the New Age of Accounting. Let’s begin.
Chris is the Managing Partner at Weston Tax Associates, a best-selling author, and a renowned tax strategist. With over 20 years of expertise in tax and corporate finance, he simplifies complex tax concepts into actionable strategies that drive business growth. Originally from Sweden, he now lives in Florida with his wife and two sons.
