Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Marge Simpson and Louis Griffin are the widows of two men tortured and murdered in the country of Qatiri in South America. They have retained

Marge Simpson and Louis Griffin are the widows of two men tortured and murdered in the country of Qatiri in South America. They have retained our U.S. law firm to obtain justice for the crimes. Marge is a citizen of Qatiri and her husband, Homer, was a U.S. citizen. Louis is also a citizen of Qatiri and her husband, Peter, was a Brazlian citizen. The two husbands were friends working for a non-profit organization in Qatiri called ESG.

Three ESG employees witnessed Homer and Peter being dragged from their homes on August 19, 2019 by a dozen soldiers from a ragtag paramilitary group called the BMF. The bodies of the two victims were found floating in the Amazon river 48 hours later disfigured with cigarette burns in multiple places.

Qatiri is ranked number 137 on the Transparency International Corruption Perceptions List. It has a population of 27 million people, 13 million of whom are ethnic Qatirians and the remaining 8 million people are ethnic Mandiks. The Mandiks have been agitating for years for equal rights, but they have been effectively suppressed through thousands of kidnappings, beatings and murders perpetrated by the BMF.

The BMF has been designated by the US Department of State as a Foreign Terrorist Organization. The most famous person kidnapped by the BMF was the American actor Leonardo DiCaprio in 2019. The story was broadcast widely. Fortunately, to the great delight of his fans, Leonardo was released after his production company, Runner Productions, paid a $3 million ransom.

60% of the Qatiri GDP comes from raising cattle, and the biggest employer in Qatiri is the 50,000-acre Rancho Grande, a subsidiary of Sun Enterprises, Inc. Sun is a $3 billion international corporation based in Arlington, Texas, but officially registered in the British Virgin Islands. Sun makes over $670 million annually from Rancho Grande's production of beef for international export.

Marge and Louis have provided your firm with a hard drive loaded with confidential documents collected by their husbands before they were killed. The documents show that the BMF has been secretly funded and directed by the Qatiri Intelligence Bureau (QIB) since 2009. They also reveal that Sun Enterprises has been secretly paying $85,000 per month to BMF for protection of Rancho Grande employees and assistance in resolving disputes with labor unions in Qatiri for the past 5 years.

Other documents on the hard drive reveal that Rancho Grande sells the bulk of its cattle to Acsme Meat Exports, which is 65% owned by the Government of Qatiri. The sales agreements are inflated and $130,000 of the profits is distributed each quarter to 3 powerful Qatiri politicians in exchange for help in labor disputes, preferential selection for contracts and relaxed oversight of environmental regulations designed to protect the rivers and rain forest.

Sun Enterprises waswiring $250,000 per month for "consulting expenses" from its account at Rancher's Bank in Arlington, Texas to account # 76543-21 held by Heinz Products at the Bank of Qatiri in Boha, Qatiri. Heinz Products is a company headquartered in Antigua and owned by George Heinz, a wealthy US citizen with large assets in the US, Antigua and other Caribbean countries.

Mr. Heinz kept $23,000 for himself and then he and one employee distributed the rest as cash payments to select BMF and government officials as directed each month by the CFO of Sun Enterprises in Arlington. The CFO also wired $20,000 by the 10th day of every month to account #82954-36 at First Miami Bank in Miami, Florida. That account is owned by Lisa Simpson, the wife of Bart Simpson, who retired in 2020 from his post as the deputy minister of the QIB. The hard drive has three documents proving that Jinhan was the official who gave instructions and protection to the leaders of BFB since 2016, and he sent messages to the Sun CFO instructing to whom Heinz should deliver his monthly payments.

In 2017, Lisa Simpson bought a $3 million penthouse condominium overlooking the bay in Miami, Florida. Lisa and Bart reside there now. Bank records photographed by Homer and Peter show that $2400 is wired automatically each month from Lisa's First Miami Bank account to the Turtle Condominium Association to pay her monthly condo fee.

The US government law enforcement agencies are not yet aware of the information you have in hand, and Marge and Louis cannot afford to pay litigation expenses. However, your supervising partner thinks the firm can take their claims on contingency if you can propose a way forward under US law that has a high probability of substantial recoveries and reasonably contained expenditures.

Analyze whether the widows have any actionable claims. You should (1) identify up to 4 defendants that could be sued by each widow to yield the highest recoveries, (2) state the best 3 claims each widow could bring against each defendant and the statutes authorizing each action, and (3) summarize how the facts satisfy the evidentiary requirements (elements) of those statutes. Note:There may not be four possible defendants for each widow, and there may not be three good claims against each defendant.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

We will break down the prospective defendants and claims for each widow to determine if the widows have actionable claims Question 1 Identify up to fo... blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Global Strategy

Authors: Mike W. Peng

5th Edition

0357512367, 978-0357512364

More Books

Students also viewed these Law questions

Question

Why are testimonials seen to be effective?

Answered: 1 week ago