However, the US courts opposed with such reasoning considering that the settlors still maintains asset control. If the foreign trustee declined to give back the assets, the trust settlors were thrown into prison and charged a fine for each day the funds weren't returned. In one instance, the funds for the trust still stands under the asset protection, however, the setllors may not anymore have the rights for such funds since these settlors had to assign the federal government of the United States as a trustee dodge out of prison. Asset protection for domestics is currently available. However, trusts are comparatively untried in legal terms and are undermined by the Bankruptcy Reform Act of 2005. In addition, these trusts entail disadvantages since some trust agencies are covered by the jurisdiction of the United States.

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