芝加哥会展中心投资移民欺诈案:首开庭审



文章来源:星岛日报   时间:2013年02月23日 点击:18580 次 评论: 463

芝加哥会展中心(ACCC)投资移民项目嫌欺诈主要涉案人Anshoo R. Sethi(左)

芝加哥会展中心(ACCC)投资移民项目涉嫌欺诈一案,2月20日已首次开庭审理。庭审结果包括:总额1.45亿的集资款暂时冻结;被告须在2月27日前提交说明1100万管理费去向的宣誓书;一位中国投资者已委託律师要求介入此案;下次听证会定在3月11日。

2月20日的庭审,在位于芝加哥市中心的北伊州联邦地区法庭(US District Court Northern District of Illinois)举行。由于此案涉及众多中国投资者,本报记者特别採访了中国侨联海外法律顾问、芝加哥地区知名律师王志东

王志东律师首先介绍了2月20日庭审的相关情况:法官在被告无异议的情况下,批 了原告继续冻结被告账户以保证投资款项安全的动议,并要求被告将管理费的流向于2月27日之前向法庭提供不公开的宣誓说明。当日,有一位徐姓投资人的代理律师向法庭提交动议,要就介入此案。下一次的开庭日期为3月11日。

王志东表示,目前投资款中的1.45亿美元已被法庭冻结,即绝大多数投资人的投资款和部份尚未被转移的所谓「管理费」应当可以退还给投资人。至于是否能够通过该案向被告以及收取了代理费的仲介公司追回已被转移的款项,目前尚不能过早作出判断。不过,投资人应该意识到,通过芝加哥会展中心目办理移民的梦想已彻底破灭,唯一的希望是立即採取行动,设法追回投资款,减少损失。

王志东指出,由于美国法庭的诉讼程序,加上众多投资人款项的整理和会计业务,当事人不应期待会在很短时间内追回投资款。王志东表示,他很乐意与在中国及美国各地的律师同行合作,尽可能为蒙受欺诈的中国投资者追回投资款。

对于芝加哥会展中心涉嫌欺诈案件,EB-5投资移民专业谘询机构「移民超市」总裁李志江则表示,此案由美国证监会与移民局联合发起诉讼,这是EB-5投资移民的市场监管开始走向成熟的标志。不过,美国200多家区域中心良莠不齐,在华推广EB-5投资移民的一些仲介机构也很难做到客观公正。在这种情况下,由第三方对相关投资移民项目作出尽职调查与风险评估就非常必要。

有关芝加哥会展中心一案,据知情人士透露,在联邦地区法庭代理徐姓投资人的律师是由佛罗里达州的一家律师事务所推荐的,而佛州律师事务所与本案被告之间可能存在利益上的纠葛,关係複杂。徐某的代理律师并非像美国证监会一样要求把投资款退还给投资人,而是要求把投资款留在原信託账户或新设的信託账户中,其用意实在费解。

(星岛日报)

 


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中介聘请的律师在芝加哥会议中心递交的诉状-投资者再次被出卖
重要的就两条:
1. 只字不提管理费4.15万元,好像这个钱不存在,也不要了(如果要,中介就要吐血了);
2. 投资人奇怪的要求SEC不要把钱还给他,而是要按照他(估计最后就是中介)的指示将这笔钱再转投到其他项目。理由是如果换给他,反而会延误他投资其他EB5项目。

另外监管协议出现2个版本,一个监管协议(估计给投资者看的)包括管理费4.15万,而递交法庭的监管协议没有提管理费。
这就是中介替投资者请律师的结果。

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