British Columbians allegedly hacked U.S. brokers in offshore shell scheme
Two B.C. families are accused of fraud against U.S. retail
investors in an arrangement that spanned from Metro Vancouver to the Bahamas
and Switzerland.
The U.S. Securities Commission filed a civil action on Aug.
15 in the Northern District of Georgia federal district court alleging a group
of British Columbians were involved in a "fraudulent hacking scheme"
against retail brokerage firms that generated $1.3 million in profits.
The civil claim alleges two microcap (penny stock) companies
— Lotus Bio-Technology Development Corp. and Good Gaming Inc. — were used as
vehicles to defraud American investors.
The commission has named 13 individuals and five corporate
entities as defendants. They're alleged to have purchased a large number of
company shares, conducted public promotions of those companies and orchestrated
the hacking of brokerage accounts to purchase company stock while
simultaneously selling their own.
The commission further alleged that some defendants failed
to file beneficial ownership reports to conceal their considerable control of
the companies' stock.
Zoltan Nagy, 55, a resident of Port Coquitlam with stated
ties to Point Roberts, founded Lotus in 2011 and has been its controlling
shareholder and sole director for much of the past decade, according to the
commission.
Nagy partnered with Richmond resident and penny stock
promoter Richard C. S. Tang, 44 and his wife Anna Tang, 43, to have Nagy's
Lotus shares deposited into brokerage accounts. However, the claim does not
explain how.
During the alleged scheme, the Tangs controlled corporate
shells and the defendant companies Maximum Ventures Holdings Ltd. (Wyoming) and
Harmony Ridge Corp. (Nevada).
"Nagy and R. Tang then worked together to backdate and
forge paperwork to establish the Tangs as the purported owners of Maximum and
Harmony (and the entities' LBTD shares) as of 2013 and 2014, even though those
entities were not formed in the U.S. until 2015," the claim states.
Backdating served two purposes: it allowed Nagy's shares to
be unrestricted for sale and helped avoid filing beneficial ownership reports,
the commission stated.
The Tangs then turned to Vancouver resident Davies Wong, 62,
and his daughter Breanne Wong, 33. She is a resident of Vancouver and Panama
and has held a Canadian securities licence since 2011, and has worked as a
broker in Panama.
The Wongs controlled 680220 BC Ltd., a privately held
Canadian entity that traded Lotus stock upon receiving it from Harmony and
Maximum.
The commission alleges the Wongs hid their beneficial
ownership of Lotus through offshore accounts in the United Kingdom, Belize,
Bahamas and Switzerland, including Swiss asset management firm Silverton S.A.
Silverton S.A. is a significant player in an alleged
international stock scheme the commission says was largely orchestrated from
Vancouver by Frederick Sharp — a former lawyer turned offshore shell
facilitator. Sharp is now subject to civil forfeiture proceedings in B.C. after
a default judgment deemed Sharp committed securities fraud. Silverton was also
found guilty of fraud in a civil case on June in a federal district court in
Massachusettes.
The commission's claim alleges how tens of millions of Lotus
shares were transferred between these corporate entities until finally landing
in retail investors' accounts for fraudulently inflated prices. The Wongs,
alleges the commission, were the "principal sellers" as Richard Tang
orchestrated marketing promotions.
Integral to the scheme, alleges the commission, was the use
of POP Holdings Ltd. of the Dominican Republic and H.E. Capital S.A. of Nevis.
These two shells were jointly owned by British citizens
Christopher R. Smith, 52, and his father, Richard Smith, 78, both resided in
the Dominican Republic.
These shells were used to pay 45-year-old Rahim Mohamed, a
Canadian residing in Calgary and the Cayman Islands, who allegedly orchestrated
the hacks.
"In early October 2017, POP wired approximately
$200,000 to Nexium, an entity controlled by Mohamed, and H.E. Capital wired
approximately $320,000 to relief defendant Distributions Bano, which, upon
information and belief, was operated by associates of Mohamed during the
relevant periods," the claim states.
According to the claim, Nagy, the Tangs and the Wongs
"knew or were reckless in not knowing that the primary violators were
engaged in fraudulent activity, and they knowingly, intentionally, and/or recklessly
provided substantial assistance to the violations."
Also named as defendants are Robert Seeley, 48, a British
citizen and Phillip G. Sewell, another British citizen residing in Vancouver,
who, according to the claim, co-founded with Davies Wong Catalyst Capital Group
Inc., a Canadian financial advisory firm.
The defendants are presumed innocent of the multiple charges
they face against the U.S. Securities Act.
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