You are a private forensic investigator who has been hired to investigate an estate for a trustee in bankruptcy. The
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You are a private forensic investigator who has been hired to investigate an estate for a trustee in bankruptcy. The bankrupt, Mr. "X" (who lives in Ontario) made an assignment in bankruptcy on July 2, 2020.
Mr. "X" is very active on social media and his accounts could contain a wealth of information that demonstrates his lifestyle before and after his bankruptcy. You were able to access his social media accounts without his knowledge and determined he completed several back-yard projects for "friends" who commented on the great work he did and would recommend him to anyone wishing to get back-yard work completed with great prices and that Mr. "X" accepts cryptocurrency. Mr. "X" has never indicated on any disclosure that he has generated any income from this activity. He also had a photo of a truck with the business name Xlent Backyard Decking. When researching this company, you determined it was registered to his brother in June 2020 and the vehicle is the same one Mr. "X" said he sold a few years ago when he stopped building backyard decks. Mr. "X" coincidentally closed his business in June 2020. His brother refused to discuss where he got the truck and refused to answer any questions on the business Xlent Backyard Decking. When you called the phone number on the truck Mr. "X" answered the phone and when you asked to speak with his brother, he said this is not his brother's phone number.
During the course of your investigation, you notice that the bankrupt decided to give his used car (completely paid off and worth $25,000) to his daughter (Jordan) who lives with her mother as a birthday present on June 25, 2020 (the day of her 16th birthday).
At the time of giving his car to his daughter, Mr. X also had a $165,000.00 mortgage (owed to Mortgages R Us Bank) and owed $30,000 on his credit card (owed to Credit Cards R Us Bank). Mr. X missed his monthly mortgage payment (due June 1st) and also failed to make the minimum payment on his credit card (due June 15th). Mr. X told Mortgages R Us Bank on June 2nd and Credit Cards R Us Bank on June 16th that he was not able to pay because of financial difficulties.
Explain, how you can obtain Mr. "X''s social media information legally. If it is not possible to obtain them legally can you do so anyway and use them in court? Back-up your opinion with case law.
Explain, what, if any, acts of bankruptcy Mr. X may have committed, and why you believe it would meet the threshold as an act of bankruptcy.
Explain any transactions that you may be able to reverse, why and what federal legislation would you attempt to rely on to make a claim to reverse the transaction. Also indicate any provincial legislation that may assist in reversing the transaction.
Could Mr. X be found guilty of an offence and if so, what section(s) of what legislation might apply?
Why would the indication that the business accepts cryptocurrency be a concern for your investigation?
Must use below Marking Grid
Social Media 9 points
Detailed coverage of all 4 items:
How to legally obtain the social media accounts
How to use illegally obtained social media information
Case law identified and explained
Opinion provided based on case law
Bankruptcy offences - 10 points
Detailed coverage of all 7 items:
All acts of bankruptcy identified
explanation on how it met the threshold for the act of bankruptcy
explanation of all transactions that can be reversed
federal legislation that you can rely on to reverse transaction identified and explained
provincial legislation that you can rely on to reverse transaction identified and explained
sections of legislation that Mr. "X" could be found guilty of
why Mr. "X" may be found guilty of those offences
Cryptocurrency -6 points
Detailed coverage of item:
Why is cryptocurrency a concern for your investigation?
Spelling and Grammar- 5 points
Excellent presentation, perfect sentence structure, no spelling mistakes, materials exceptionally organized and an exceptional sense of direction.
No issues with APA using citations or references.
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Chapter # 16
Posted Date: September 23, 2023 02:09:17