Purpose:
This SOP outlines the lawful procedures followed when a broker(facilitator) misuses funds, diverts a vehicle, impersonates a transport provider, violates a Buyer Agreement, or involves multiple parties in a fraudulent transaction.

All steps comply with Canadian law and prioritize evidence preservation, police cooperation, and recovery through court-authorized channels.

1. CODE RED TRIGGERS

Code Red is activated for any of the following:

1.1 Funds Theft

• Broker accepted money for a vehicle and failed to complete purchase.

• Broker withheld or concealed funds.

• Broker did not provide a valid BOS or proof of transaction.
  
  

1.2 Vehicle Diversion

• Broker picked up a vehicle under false pretenses.

• Vehicle did not arrive at the designated storage location.

• Delivery route or communication was intentionally altered.
  
  

1.3 Vehicle Theft After Purchase

• Vehicle paid in full.

• Dealer released keys.

• Broker withheld or concealed the vehicle.
  
  

1.4 Buyer Agreement Violations

Any fraudulent, deceptive, or unauthorized action that exposes risk to the company.

2. IMMEDIATE RESPONSE (0–10 Minutes)

Actions

• Cease phone calls; switch to written communication only.

• Preserve all evidence with screenshots.

• Log time, date, VIN, and last communication.

• Notify management immediately.

3. ACTIVE TRACE (10–20 Minutes)

Required Information

• Broker identity

• Corporation details

• Buyer Agreement

• IDs on file

• Bank account receiving funds

• BOS, NVIS, dealer paperwork

• Transport details
  
  

Trace

• Confirm status with dealership (payment, release, CCTV).

• Verify timestamps.

• Confirm vehicle location.

4. WRITTEN DEMAND NOTICE (20–40 Minutes)

Must be written for evidentiary purposes.

Template

“Your actions have triggered a Code Red under your Buyer Agreement. You are required to provide the vehicle location and/or return all funds within 30 minutes. Failure to comply will result in full legal escalation including police reporting, civil action, court orders, and freezing of all accounts involved.”

Allow 30 minutes.

5. 30-MINUTE RESPONSE WINDOW (40–70 Minutes)

If Broker Cooperates

• Recover vehicle or funds.

• Document everything.

• Flag broker as ineligible for future work.
  
  

If Broker Does Not Cooperate

Proceed to Step 6.

6. LAW ENFORCEMENT AND LEGAL ESCALATION (70–120 Minutes)

6.1 Police Report

File for:

• Theft

• Fraud

• Conversion of property

• Auto theft
  
  

6.2 RCMP and Auto-Theft Units

Provide:

• VIN

• BOS

• Wire proof

• Agreements

• Communication logs

• Timeline

• Dealer confirmation
  
  

6.3 Dealer Involvement

Request CCTV, staff notes, and release documentation.

6.4 VIN Network Notification

Alert transporters, storage partners, ports, and auction networks.

7. MAREVA INJUNCTION (Asset Freeze)

A Mareva injunction is a court order that freezes assets.
It is used when funds or a vehicle have been unlawfully taken.

7.1 Triggers

• Any stolen or diverted vehicle

• Funds stolen or misused

• Impersonation of transport

• Multi-party involvement
  
  

7.2 Execution

• Send evidence package to legal counsel.

• Lawyer files ex parte (without notifying broker).

• Accounts and assets are frozen by court order.

• Enforcement officers serve the order.
  
  

8. MULTI-PARTY LIABILITY AND ACCOUNT FREEZES

8.1 All Receiving Accounts

Any personal or corporate account receiving stolen funds will be subject to:

• Fraud reporting

• Police involvement

• Freezing via Mareva injunction

• Civil and criminal liability
  
  

Rule:
If your account received funds, you are legally accountable.

8.2 BOS Name Liability

Anyone whose name appears on the BOS is legally responsible for the unit and may face full criminal and civil consequences.

8.3 Joint and Several Liability

When multiple parties participate, each is responsible for 100% of the loss.

8.4 Expanded Account Freezes

All connected accounts and corporations may be included in the injunction.

9. LEGAL VEHICLE RECOVERY (Court-Authorized)

We use licensed repossession agencies, civil enforcement officers, private bailiffs, and sheriffs only.
These agencies are legally authorized to recover vehicles under court direction.

9.1 When Used

• Vehicle withheld

• Vehicle hidden

• Broker refuses return

• Court orders obtained

• Mareva injunction supports recovery
  
  

9.2 Required Documentation

• BOS

• Payment proof

• Broker identity

• Buyer Agreement

• Police file number

• Court orders (if applicable)

• VIN and location details

9.3 Legal Authority

Recovery agents operate under:

• Court orders

• Writs of delivery

• Writs of seizure

• Civil enforcement laws

• PPSA rights

• RCMP collaboration
  
  

9.4 No Direct Recovery by Staff

Only licensed and authorized agents may recover property.

9.5 After Recovery

• Move vehicle to secure storage

• Record condition

• Notify police of recovery

• Proceed with civil and criminal processes
  
  

10. CIVIL CLAIM PACKAGE

Within 24 hours, file civil claims for:

• Fraud

• Conversion

• Breach of contract

• Damages

• Legal fees
  
  

Attach Mareva order for enforcement.

11. INTERNAL BLACKLIST

• Add individual and corporation to the Fraud Wall.

• Remove associated facilitators.

• Flag related deals as high-risk.
  
  

12. PREVENTION RULES

12.1 Buyer Agreement Enforcement

Brokers are prohibited from diverting units, altering routes, modifying paperwork, or holding BOS/NVIS.

12.2 Required Deliveries

• Direct dealer-to-storage delivery

• Mandatory photos

• Same-day completion
  
  

12.3 BOS Requirements

• Clear Title or “Lien to be discharged upon payment.”

• No export restrictions.

• Pickup/delivery date required.

• Buyer-arranged transport required.

If terms are not met, the deal is terminated.

13. EXECUTIVE SUMMARY

If a broker mishandles money or a vehicle:

1. Freeze communication and document everything.

2. Trace last known control point.

3. Issue 30-minute written demand.

4. Escalate to police and RCMP if no compliance.

5. Apply for a Mareva injunction.

6. Freeze all receiving accounts.

7. Hold BOS signer fully responsible.

8. Use licensed enforcement agencies for legal recovery.

9. File civil claim and blacklist permanently.

10. Blacklist permanently from all dealer groups.