Capital Sources - New fund tracks companies fueling Peru's robust economy


July 22, 2009  By: Wayne Tompkins  


It is the Latin American country with the decade’s lowest inflation rate, the fastest growing  
economy and which, during that time has nearly halved its poverty rate. It’s banks are well  
reserved and non-performing loans are at about 2 percent.  


Some would guess that country to be Brazil, or Chile, or even Mexico — incorrectly. Here’s a hint:  
The correct answer might leave one Inca-credulous.  
 

"Peru is an untold story — a story that very few people really know,” said Daniel Gamba, Barclays   Global Investors’ chief executive for Latin America and the Caribbean. “People actually come to  
me and ask, ‘Is what you’re saying true?’ "


The investment community is taking notice: BGI’s iShares unit last month rolled out its MSCI All  
Peru Capped Index Fund, a basket of 25 Peruvian companies and the first investment vehicle of  
its kind allowing U.S. investors to participate in Peru’s economy (BlackRock is in the process of  
acquiring BGI, the main asset manager that in turn owns the iShares division).  


"Until now, there was no vehicle to actually invest and get your views on Peru expressed,” Gamba  Daniel Gamba  said on a recent visit to Miami. He was joined by Claudia Cooper Fort, an official with Peru’s economics ministry.   


"This is a fund that replicates the top 25 securities of companies headquartered in Peru, which happened to have 98 percent of all of the market capitalization of Peru,” Gamba said. “So you get all that’s listed in Peru. You have mining, you have finance, you have utilities. Traditionally, in the U.S., if you wanted to buy Peru the only way you could do it is either a derivative or ADRs  
(American Depository Receipts).”  


ADRs represent shares of stock in an overseas corporation and trade on U.S. stock exchanges, but not all offshore companies offer them. 

 
The Pacific Rim nation is forecasting a 3 percent to 4 percent growth in gross domestic product for 2009, as the developed world is mired in recession and other major Latin American players are projecting flat or negative growth. Some economists see 5 percent growth in 2010 with commodities rebounding as the government steps up spending of three years’ of budget surpluses, which are fueling a $3 billion stimulus plan to offset slowing private investment.  


Peru’s economy has grown an average of 6.8 percent a year since 2002 — the region’s highest — during which it also maintained its lowest inflation rate, 2.4 percent, according to the International Monetary Fund.  


"Peru has done extremely well in terms of trying to keep their inflationary issues under control,” said Michael Diaz Jr., managing  partner of international law firm Diaz Reus & Targ in Miami. “You have a lot of flight capital from nearby countries such as Venezuela going into Peru.”  


The Land of the Incas also is climbing the charts as a trading partner for South Florida. According to the U.S. Department of  Commerce, the state’s exports to Peru nearly doubled in a single year, from $763 million in 2007 to $1.34 billion in 2008, with computers and machinery accounting for more than half the total.

 

"Certainly, they’ve been very aggressive in terms of their international Cooper Fort  trade, inviting international investors certainly from the Far East and China,” Diaz said. “A lot of their mining operations are joint venture projects” with major multinationals.   


 While a modest economy in size, Peru’s 2008 GDP was about $128 billion, surging prices for its mineral exports — especially to China — and its 2006 free trade agreement with the U.S. have helped spur its growth. Turning Peru into a prospering country was not an overnight event, however.   


"We had dreadful macroeconomic policies during the ‘80s,” said Fort, director of economic and social studies for Peru’s Economy and Finance ministry. “We had hyperinflation and our macroeconomics were probably the worst on the whole continent. So now, it’s the best one. We started after this trauma actually very sound macroeconomic policies. That has been institutionalized in Peru so it’s very hard to go back.”  


Though Alberto Fujimori, the president during the ‘90s, currently is in prison for corruption and human rights violations, his administration’s economic policies began Peru’s turnaround.  


"We have saved fiscally and have had a very prudent monetary policy,” Fort said. “No inflation and a stable exchange rate allows low interest rates, which have encouraged long-term loans, investment and housing. Now we can implement expansionary monetary and fiscal policies without actually risking our macroeconomic stability.”  
 

The country’s stock exchange, the Lima General Index, is the world strongest performer this year, surging 81 percent in expectation of a rebound of commodity exports prices.  


“If you look at the past one, three, five and eight years, it’s actually outperformed all of the Latin American stocks,” Gamba said. “It’s outperformed emerging markets and it’s outperformed developed markets — and it’s expected to outperform them, which is more important. The fundamentals are very good.”  
 

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Sudan tense for oil border ruling

 

File photo from May 2008 showing Abyei village in South Sudan after clashes
Much of Abyei was left in ashes after clashes last year

Tension is high in Sudan as judges in The Hague have begun their ruling on a disputed internal border which cuts through rich oil fields.

The main parties in north and south Sudan have pledged to abide by the court ruling but some fear a return to their long war, which ended in 2005.

Under the peace deal, the south is autonomous but the region's borders are not clearly defined.

Both north and south claim the Abyei region and its oil.

The Permanent Court of Arbitration will not decide on who owns the land, but will decide on where Abyei's borders lie.

UN peacekeepers have beefed up their presence in Abyei in the run-up to the decision.

At the weekend the UN accused the southern Sudanese army, the SPLA, of moving troops into Abyei ahead of the ruling - claims the SPLA strongly denied.

Armies from the north and south had agreed to stay out of the area.

Ghost town

A 22-year civil war - separate from the Darfur conflict - which pitted the mainly Muslim north against the Christian and animist south ended in 2005, after claiming 1.5 million lives.

Under the peace deal a commission was established which demarcated Abyei's boundaries - but the north rejected the commission's decision.

 

Map

 

Abyei was supposed to be administered jointly until a referendum in 2011, when residents will vote on whether to join the north or the south.

Analysts say Abyei's residents are likely to vote to join southern Sudan's administration, so the disputed area's size and make-up is crucial.

At the same time, the south will vote on whether it wants to be independent.

The court in The Hague will decide if the boundary, which the commission ruled lies around 90km (56 miles) north of Abyei town, is correct - or it will demarcate a new border.

After clashes broke out in Abyei town last year, the two sides agreed to refer the case to The Hague.

As many as 100 people died, and the incident was seen as the biggest threat to the peace deal.

Correspondents say Abyei town is a ghost of its former self with few prepared to rebuild it, fearing further clashes.

Only about 3,000 people are thought to live in and around Abyei compared with 50,000 before the fighting last year, Reuters news agency reports.

The BBC's James Copnall in the capital, Khartoum, says the area is home to an Arab group of cattle herders, known as the Misseriya - loyal to the north, and the Dinka Ngok, part of the largest ethnic group of the south.

There is competition for resources like land for grazing and water and the divisions can easily be exploited, analysts say.

Both sides were used as proxy armies during the civil war.

 

 

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追踪大宗资产的猎人- 资产没收专家从庞氏骗局和其他欺诈行为收回不义之财的繁荣时代

2009年7月1日

http://news.yahoo.com/s/bw/20090701/bs_bw/0927b4138038179277



多米尼加共和国, 普拉塔港 在普拉塔港,多米尼加共和国的北部海岸,世界一流的富人们和不幸的穷人们毗邻而居。赤脚的儿童在内陆山地之间的窝棚中成群结队的乱转,而海滩边,美国人却在茂密的度假胜地享受龙虾和蜜饯木瓜。这里离迈阿密只有90分钟的飞机,离纽约大约3个多小时。

 

,这个有着517年历史的前西班牙殖民地国家与美国一衣带水,这让经常去那里的迈阿密律师, Michael Diaz及其领导的调查小组十分方便。Diaz是一批美国投资者的代理律师,这批投资者自称他们陷入了一个1.7亿美金的庞式骗局。 原告们声称,一对加拿大的房地产开发商, Frederick C. Elliott和他的儿子, Derek, 将原告们的钱用于对Puerto Plata度假村的早期投资者的还债, 并将这些钱大肆购物及挥霍。这些投资者希望通过诉讼的方式取得Elliott父子的资产。同时,据知悉内情的人指出, 虽然还没有提起刑事指控, 证券交易委员会也在审查Elliott父子的交易。Elliott父子拒绝就此发表评论。

 

该案是近期破灭的诸多金融骗局中的一例,从Bernard Madoff到Allen Stanford,也是“资产追缴”业的兴起. 早在对抗毒品的战争中--甚至在那之前,禁酒令时期抓捕走私犯的时候--财产追缴就已经定型为一个简单的过程:将赃物(现金、房屋、船只、及类似物品)从骗子手中收回并将这些掠夺品分配到受害者手中。


财产追缴属于民事行为:原告被害人针对财产提起诉讼,迫使业主解释他是如何取得这些财产的。如果被告拿不出令人满意的答复,法官可以下令扣押其资产。律师往往在检察官提出刑事指控前提起财产诉讼 令骗徒们惊讶的是律师往往能获得比检察官更好的成果. Wayne B. Black, 一名缉毒署(DEA)特别工作组的经验丰富的工作人员, 现在领导一家在迈阿密的商务调查和警卫公司, 称这一行业是”私人执法”.


现在是这些资产追缴人的好时光。关于庞式骗局和其他投资骗局的举报在过去一年中翻了三倍。虽然没有针对这个行业规模的可靠的统计数据,Black表示,今年内, 他的公司已经看到了双倍需求。


激增的活动吸引了前联邦调查局,缉毒署和海关的工作人员;辩护律师和私家侦探之间通力合作 许多人都使用了多年前曾在对抗毒品的战争中使用过的技能。Diaz律师是一个典型的资产专家, 他与犯罪斗争的技巧是从80年代迈阿密的穷街陋巷中一步步获得的。”这两个世界并不是不同的,” Michael R. McDonald说, 他曾是国税局专员并在30年前指挥了Greenback行动(各部门之间共同努力捣毁毒贩的金融活动) 。 “与毒贩相同,财产追缴打击的是金融罪犯的最痛处 - 钱。”


然而,帮助犯罪受害者只是这项业务的一部分。大多数从业者也将服务提供给诉讼的另一方: 骗徒。金融骗子比一般的犯罪分子更富裕, 更老谋深算,他们往往为抵制其资产的流失而聘请顶级律师。曾任迈阿密联邦检察官Charles A. Intriago表示, 对主要犯罪分子来说, “有99.9%的机会赃款不会被没收”。他在担任检察官期间负责过贩毒和洗钱案, 现在领导Asset Forfeiture Watch (执法机构顾问)。Intriago估计, 美国的犯罪分子每年要集资大约5000亿美金. 他说, 这些钱当中, 只有大约40亿被没收, 大部分是毒贩的犯罪所得. 保护剩下的4960亿美金是大生意.

 

资产追缴者和法律雇佣军在佛罗里达州好莱坞的Westin Diplomat度假村举行的第一次全球资产追缴会议上交换秘密. Bernie Madoff的面孔成了这此活动的非官方标识, 遍布在幻灯片以及派发资料之上. 与会者讨论了诸多议题,诸如: “不拿走他们的金钱就等于什么都没做:介绍财产没收的基本知识和这场游戏的法律规则” . 在答疑期间, 发现了一个技巧: “扣押在汽车仪表盘上的现金比扣押房子来得简单的多. 考虑一下房子的保养, 维修费, 法律费用以及在现在这样的市场上进行销售的费用.”会上没有提到的是这些技能可以并经常被应用在相反的方面. 平常的谈话, 尽管是不经意的, 会为一些人为犯罪分子保护非法所得提供意见. 道高一尺,魔高一丈.

 

向Elliott父子追缴一案中 ,Michael Diaz动用了其10多年的在法庭上分别代理控辩双方的经验. 在1986年从迈阿密法学院毕业后, 这位古巴后裔成为佛罗里达州助理检察官. 在90年代中期, 迈阿密的可卡因毒品凶杀案十分猖獗, 以至于当时美国总统里根指派副总统布什负责当地的特别工作小组. 这个城市的停尸间不得不租用Burger King的冷场车来储存尸体. Diaz在这种枪林弹雨的环境下提高自己的专业水平, 并在1990年加入一家专攻国际洗钱案的律师事务所. 现在, 他领导着拥有能说8种语言的、由50名律师和顾问组成的美国达瑞律师事务所.

 

Elliott一案近来占据了Diaz大多数的时间。该骗局可以追溯到八十年代Elliott父子开始购买普拉塔港海边地块的时候。到2000年的时候,他们已经将他们的商业经营转移到了岛上并已获得了几块绝佳地块。一家位于附近的Hacienda渡假酒店的经营者开始与Elliott接触并提议在他们的地块上建造一个度假村。2001年,Elliott父子与他人达成协议开始建造太阳村度假水疗中心 (Sun Village Resort & 300), 这个有着300间客房的中心拥有豪华别墅、5间餐厅、9间酒吧及7个游泳池。

 

根据法院文书,接下来的三年里,这对父子组合从1,600名私人投资者手中共筹集了3,200万美金。一份2001年发出的项目说明书中对该项目做出了三年总回报率60%的预期,并向投资者保证:“您的投资和建造该项目的土地一样稳固,每个季度,每90天,您都会得到您的收益”。

 

但是三年后,太阳村仍在继续建设并不断的烧钱。Elliott父子需要更多的资金。

 

他们很幸运,当时全球的房地产市场都是一片欣欣向荣的局面。全世界的投资者都渴望获得既有市场升值空间又有类似债券的收益的罕见组合,于是Elliott父子便创造这么一种组合:他们为投资者创造了购买豪华套房的季节性使用权的机会,类似于分时公用的安排,最小的时间段为一周。但是,更好的还在后面:任何没有使用的周数都可以转交给旅行社,由他们负责寻找租户。出租收入将和产权收益一起每个季度返还给投资者。

 

通过这个新的计划,Elliott父子又网罗了6,400万美金,并继续为太阳村增加设施,包括一个水疗场所及露天剧院。但是这个尚未完成的度假村的财务报表却显示其每年的现金亏损超过100万美元。同时,Elliott父子给自己支付着管理费,并且被指控从那时起已经开始使用新投资者的钱来偿还对前期投资者的支出了。他们还继续推出新的项目及募资的骗局,首先与Maxim杂志共同推出了相邻的平房的建造项目(Maxim之后为了退出该计划提起诉讼),然后又推出了位于Juan Dolio海滩的一处被遗弃的度假村的重建项目。

 

直至2008年春天,尽管已经为三个项目筹集了1亿7千万美金,Elliott父子一个项目都没有完成。他们停止了向投资者每个季度的付款 并且开始宣称投资者的起诉将不会产生任何效果。“我们有一个复杂的架构使得这些财产免于索赔和起诉,”Derek Elliott给员工的一封电子邮件中提到,“这些公司是绝对安全的”。

 

这绝不是空洞的自夸。Elliott父子的公司架构使得有些财产的管辖权只属于美国德拉华州的法院,有些只属于圣文森特和格林纳丁斯的法院, 或直布罗陀的法院,还有些属于多美尼加共和国或特克斯与凯科斯群岛的法院,大多数的财产则上述几地的共同管辖。“这些都是离岸金融欺诈的迹象,”Robert I. Targ指出。他是达瑞的合伙人,经验丰富的前美国海关官员。

 

Diaz对处理复杂的金融案件有着丰富的经验。他在追缴财产案件中为基金管理人及其他金融人士进行过上千小时的辩护。2006年,他为一位阿根廷当事人洗清了庞氏骗局诈骗犯的指控,使其免于10亿美元的赔偿。三月三日,Diaz在迈阿密联邦地区法院提起了民事诉讼,这是距离加勒比最近的美国司法管辖区。该诉讼指控Elliott父子将他们的公司作为“私人储蓄罐”,将投资人的收益调至他们的私人公司,并“使用欺诈手段转移资金”以购买Artisan(一种豪华雪茄)、一架私人飞机、一艘520,000美元的游轮、组织电影节、购买一辆$300,000美元的乡村音乐旅游巴士、土地及其他物品。

 

但是证明被告使用投资者的收益购买这些特殊的玩具不是一件容易的事。谁能说Elliott父子没有像其他人那样亏损了?谁能说他们买私人物品用的不是合法收入?谁又能说造成亏损的罪魁祸首不是全球房地产市场的崩溃?

 

由前检察官,佛罗里达州珊瑚阁市(Coral Gables)的律师Nelson C. Bellido 带领的Elliott父子的律师团队一直在努力反击。Bellido已经向法院递交两份取消Diaz代理资格的申请,他声称Diaz正在从数百名尚未参加诉讼的投资者中非法拉拢新的当事人。(一位地方治安官正对该申请进行审查)。

 

尽管有着种种困难,Diaz仍然打出了一记好球,三月份的时候,他将Greg Clark转为了控方证人。直到去年夏天,48岁的Clark一直是Elliott集团的首席财政官。Diaz表示他对Clark很坦率的说过:“你要么现在告诉我你的故事”,要么在将来的民事或刑事诉讼中“看你运气怎么样”。这句话说出的48小时之后,据Diaz说,这位行政官员放弃了抵抗。Clark觉得他可以通过详细地为原告们描述整个欺诈过程从而更好的保护自己的财产同时在刑事程序中获得更好的待遇。“他看上去如释重负,”Diaz说道。Clark拒绝对此作出评价。

 

Diaz说Clark用图表的方式解释了Elliott父子的交易,指出了父子俩是如何使用新投资者的资金向前期投资者偿还债务的,并提供财务纪录予以佐证。“Elliot集团非但没有按照他们向购买者承诺的那样使用筹集到的资金”,Clark在其3月20日所作的宣誓证言中提到,“他们反而给自己支付高额费用并将资金转移以购买私人财产”。

 

在5月8日的证言录取中,Diaz引用Clark的证言询问了Frederick Elliott关于一个其将1,700万美金从未完成的Juan Dolio 项目转移到一个不相关的房地产投机项目的问题。Frederick 崩溃了。他说他无法解释关于筹集到的资金额和使用掉的资金额间的不同。

 

这份供认是这件案子的转折点。至5月19日止,迈阿密和多美尼加共和国的法官已经冻结了Elliott父子在美国的3600万美元的财产及在多美尼加共和国的部分财产。9天之后,原告们又获得了一份涉及6800万美元财产的冻结令,包括Elliott父子的54英尺的游轮“独立号”。Elliott父子表示他们会对冻结令提起上诉。“原告指控的恶行是完全虚构的,”Carlos F. Concepcion 在一份给商业周刊的电子邮件中提到,他是Bellido在本案中的搭档。“Elliott父子将继续在多美尼加共和国奋力与那些试图使用不当方式夺得Elliott财产的异议者战斗以确保投资人的利益。”

 

尽管在这件案件中已经取得了很多进展,Diaz仍然丝毫不掩饰其对重回辩方角色的渴望。坐在其豪华的迈阿密办公室中,他背靠座椅询问着最近的资产追缴会议的情况。“嘿,祝他们好运”,他偷笑道,“那些可是好生意”。

 

 

 

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Green Building Surge in the Middle East Poses Opportunities and Risks for Businesses


 
 
 
11 July 2009

 

 

In recent years, the Middle East has emerged as a center for monumental buildings. Dubai is currently building the world's tallest - the Burj Dubai - while Saudi Arabia, Kuwait, Bahrain and Qatar consider building rival towers over the coming decade.

 

 

 

Although attention-grabbing, these developments also cause enormous environmental impact. It is estimated that buildings worldwide use 42 percent of the world's energy and are responsible for 40 percent of greenhouse gas emissions.  

 

Despite the current economic downturn, countries around the world--including the Middle East--are embracing green building design to help address environmental concerns.

 

Green developments in the Middle East
Many Gulf countries are introducing green building regulations and guidelines that govern the design and operation of all new buildings. Dubai World, the investment arm of the Dubai Government, has recently adopted the US LEED Green Building Certification scheme as a requirement for all its developments.  

 

Additionally, in the UAE, the Emirates Green Building Council will soon be developing a specific UAE LEED version to guide future developments. Bahrain, Qatar and Oman are all moving towards green building design as well.

 

These green initiatives have been triggered by numerous international organizations with Middle East operations bringing their environmental policies and standards into the region. In the UAE, international businesses that have adopted green initiatives include Grand Hyatt and HSBC. UAE companies following their example include TECOM Investments and Zabeel Properties with other local and international organizations likely to follow in the near future.

 

Given the harsh desert climate of the Arabian Peninsula, some experts question whether buildings in the Middle East can really go green. Nonetheless, green investing is growing in the region. Currently under construction, Masdar City in Abu Dhabi plans to be the world's first zero-waste and carbon-neutral city, utilizing green and alternative energy not only in buildings but in the entire city's infrastructure.  

 

New green buildings, but what about the old ones?
While green buildings are becoming the norm in new Middle Eastern construction, converting older buildings to green technology presents daunting challenges. While elsewhere, many old architectural symbols such as New York's Empire State Building are going green, it is yet to be witnessed whether the Middle East would take on the significant task of converting its old buildings to green. However, while installing energy efficient and renewable technologies in old buildings presents developers technical challenges and increased expenditure, the long-term advantages often outweigh the initial expense. 

 

In the current economic environment, owners and developers are realizing that green buildings offer a good investment. Green buildings have higher market values because they are cheaper and more efficient to maintain.  Also, by going green owners can expect an increase in occupancy. Given the growing demand for green building space in both the public and private sectors in the Middle East, owners and landlords are coming under increasing pressure to think green when selling or leasing their properties.

 

Impact on businesses
The green initiatives mean more opportunities for businesses to sell green building products, technologies and consultancy services in the region. Masdar City, for example, presents an attractive free zone for companies specializing in green technology to set up their businesses and bring their expertise to the region.

 

For existing businesses, adopting green building initiatives can enhance their corporate brand image.  In the UAE, for example, numerous building owners are seeking green building certifications such as the LEED certification, indicating that going green is rapidly becoming a critical business strategy in the Middle East. 

 

Also, work-related health and safety regulations of many Middle Eastern countries require employers to ensure a safe and risk-free working environment for employees. Many large organizations are demanding green commercial office buildings, recognizing that better indoor environmental quality increases employee productivity.  A green building can also mitigate employer liability in growing legal actions from occupants blaming buildings for various health problems. 

 

Avoiding Legal Risks
For all of their benefits, green buildings also pose legal challenges, including the need to...
Obtain proper local building approvals,
Maintain green improvements between tenant and landlord,
Secure financing,
Negotiate with insurance and financial institutions, and
Resolve disputes over building projects that fail to achieve their energy conservation goals. 

 

All of these challenges can be addressed by securing legal counsel at the inception of a business project. For example, contracts between developer, contractor and architect should assign responsibility for obtaining required certification, while leases between tenants and landlords should contain clauses that include the parties' individual responsibilities for maintaining green improvements.

 

If not properly managed, these issues can lead to protracted and expensive legal proceedings.  As a result, regulatory authorities such as the Real Estate Regulatory Agency (RERA) in Dubai are gearing up to deal with issues arising from breach of green conditions. 

 

Despite the upside potential, the real estate market's approach to green buildings has been mixed, in part due to a lack of knowledge about the importance of green buildings to the environment and energy conservation.  Moreover, some argue that in the current tough economic climate, developers and occupants may not want to shoulder the added expense of going green. 

 

But while obvious challenges exist, the future of green initiatives in the Middle East remains promising. An improving economic climate will offer new opportunities to set up green technology businesses and develop green buildings in the Middle East.

 

Carlos F. Gonzalez is a Partner with the Diaz Reus & Targ, LLP law firm in its Miami, Florida office and Arti Sangar is a Senior Associate in the firm's Dubai office. Diaz Reus is a multiethnic and multilingual international law firm offering a full range of innovative and cost-effective transactional and litigation legal solutions for its domestic and international clients. Headquartered in Miami, Florida, the law firm operates full service offices in Dubai, United Arab Emirates, Shanghai, China, Frankfurt, Germany, and Caracas, Venezuela, and affiliate offices in Bogotá, Colombia, Sao Paulo, Brazil and Monte-Carlo, Monaco.
 

 

-Ends-

For more information about Diaz Reus & Targ, LLP, visit www.diazreus.com

 

© Press Release 2009

Article originally published by Press Release 11-Jul-09
 
 
 

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Big Game Asset Hunters

 

It's boom times for the asset-forfeiture experts who reclaim ill-gotten gains from Ponzi schemes and other frauds

 

By Roben Farzad

 

Puerto Plata, Dominican Republic -Here in Puerto Plata, on the northern coast of the Dominican Republic, world-class opulence and wretched poverty are neighbors. Barefoot children mill among the shanties that dot the inland hills, while down on the coast, Americans enjoy Lobster Thermidor and candied papayas at lush resorts. Miami is just 90 minutes away by plane, New York a tad over three hours.

 

The proximity to the U.S. has been convenient for Michael Diaz Jr., a Miami lawyer whose team of investigators has been making frequent trips to this 517-year-old former Spanish slave colony. Diaz is representing U.S. investors who say they were burned in a $170 million Ponzi scheme. The plaintiffs allege that a pair of Canadian real estate developers, Frederick C. Elliott and his son, Derek, used their money to pay back earlier investors in a Puerto Plata resort and to fund shopping sprees and vanity projects. The investors are suing to get their hands on the Elliotts' assets. Meantime, the Securities & Exchange Commission is looking into the Elliotts' dealings, according to people familiar with the matter, though no criminal charges have been filed. The Elliotts declined to comment.

 

The case is one of many recent financial blowups, from Bernard Madoff to Allen Stanford, that are reinvigorating the murky business of "asset forfeiture." Long a staple of the drug wars—and before that, bootlegger-busting in the Prohibition era—asset forfeiture is simply the process of reclaiming the spoils of crime (cash, homes, boats, and the like) from swindlers and parceling the plunder out to their victims.

 

Asset forfeiture is a civil action: Plaintiffs in effect sue for pieces of property, forcing the owners to explain how they paid for them. If the defendants can't come up with satisfactory answers, the judge can order the assets seized. Lawyers often file asset suits before prosecutors file criminal charges—the better to surprise the swindlers. Wayne B. Black, a Drug Enforcement Administration (DEA) task force veteran who now heads a financial investigation and security firm in Miami, calls the business "private law enforcement."

 

These are good times for asset hunters. Reports of Ponzis and other investment scams have tripled in the past year. While no reliable statistics track the size of the industry, Black says his firm has seen demand double so far this year.

The surge in activity has lured scores of former FBI, DEA, and customs agents; defense attorneys; and private investigators to join forces—many using skills honed decades ago during the height of the war on drugs. Diaz is a prototypical asset specialist, having earned his crime-fighting cred on the mean streets of 1980s Miami. "The two worlds aren't all that different," says Michael

R. McDonald, a former IRS agent who 30 years ago spearheaded Operation Greenback, an interagency effort to gum up the financial works of drug kingpins. "As with drug dealers, asset forfeiture is about hitting financial criminals where it hurts—the money."

 

Yet helping crime victims is only a part of the business. Most practitioners also serve another set of clientele: the crooks. Financial scammers, wealthier and more sophisticated than the average criminal, often hire top lawyers to fend off asset grabs. For the shrewdest criminals, "there's a 99.9% chance that the dirty gains won't be confiscated," says Charles A. Intriago, a former federal prosecutor in Miami who took on drug traffickers and money launderers and now heads AssetForfeitureWatch, a consultant to law enforcement. All told, criminals in the U.S. rake in more than $500 billion a year, Intriago estimates. Of that, just

$4 billion or so is forfeited, he says—mostly by drug dealers. Protecting the other $496 billion is big business.

 

Asset hunters and legal mercenaries traded secrets during the first Asset Forfeiture Global Conference in April at the Westin Diplomat Resort in Hollywood, Fla. Bernie Madoff's visage served as the event's unofficial logo, adorning PowerPoint presentations and handouts. Attendees took in sessions with such titles as: "It Don't Mean a Thing if You Don't Take Their Bling: An Introduction to Asset Forfeiture Basics and the Legal Rules of the Game." During one Q&A came this tip: "Seizing cash in a panel of a car is a whole lot easier than seizing a house. Think about the upkeep, the maintenance costs, legal hurdles, selling into this kind of market."

 

Left unsaid was that many of these skills can be—and often are—applied in reverse. The confab, however unintentionally, served as a great opportunity for people to glean advice on helping criminals protect ill-gotten assets. The more tricks the offense learns, the more the defense picks up.

 

In going after the Elliotts, Michael Diaz is calling on decades of experience on both sides of the courtroom aisle. After graduating from the University of Miami School of Law in 1986, the Cuban immigrant took a job as assistant state attorney in Florida. In the mid-1980s, Miami's cocaine-related homicides were so rampant that President Ronald Reagan put Vice-President George H.W. Bush in charge of a local task force. The city's morgue, filled to capacity, had to lease refrigerated trucks from Burger King (BKC) to store dead bodies. Diaz thrived in the gunslinging environment before leaving in 1990 to join a firm specializing in international money-laundering cases. Now he heads Diaz Reus & Targ, which boasts 50 lawyers and consultants who speak eight languages among them.

 

The Elliott case has consumed most of Diaz's time lately. The alleged scam dates back to the 1980s, when the Elliotts set out to acquire waterfront land in Puerto Plata. By 2000 they had relocated their business operations to the island and scooped up several prime parcels. The operator of a nearby hotel, Hacienda Resorts, approached the Elliotts with a proposal to build a resort on their land. In 2001 the Elliotts struck a deal to construct Sun Village Resort & Spa, a 300-room complex offering lush villas, five restaurants, nine bars, and seven pools.

 

Over the next three years the father-son team raised $32 million from at least 1,600 private investors, according to court papers. A 2001 offering brochure projected 60% total returns over three years and reassured investors that "your investment is as secure as the land it's built on, and you will receive your income on the calendar quarter, every 90 days."

But three years later, Sun Village was still under construction—and burning cash. The Elliotts needed more capital.

Luckily for them, real estate was in the midst of a global boom. Investors the world over were hungry for that rare mix of market appreciation and bondlike yields, and the Elliotts came up with a proposition that married the two: They offered the chance to buy seasonal stakes in luxury suites, much like a time-share arrangement, with periods parceled out in one-week increments. But there was a sweetener: Any unused weeks would be turned over to travel agents, who would find renters. The proceeds would then kick back to the investors in preset quarterly payments.

 

The Elliotts snared $64 million from the new plan and continued to add amenities to Sun Village, including a spa and an open-air theater. But the resort, still unfinished, was posting annual cash losses of more than $1 million. The Elliotts, who were paying themselves a management fee, allegedly started using money from new investors to pay off earlier ones. And they kept rolling out projects and fund-raising schemes, first offering stakes in adjacent bungalows co-branded with Maxim magazine (Maxim later sued to pull out), then restoring an abandoned resort on the island's Juan Dolio beach.

By spring 2008, despite having raised $170 million for the three projects, the Elliotts had completed none. They stopped making quarterly payments to investors—and began sounding warnings that investor suits would be fruitless. "We have a complex structure designed to insulate these properties from claims and lawsuits," wrote Derek Elliott in an e-mail to staffers. "These companies are completely judgment proof."

 

It was no empty boast. The Elliotts had structured their company so that some assets could be pursued only in a Delaware court; others in St. Vincent, the Grenadines, or Gibraltar; still others in the Dominican Republic or Turks & Caicos; and most in some combination thereof." There are telltale signs of an offshore financial fraud," says Diaz's partner, Robert I. Targ, a veteran of the U.S.Customs Service.

 

 

 

Diaz knows from complex financing schemes. He has spent thousands of hours defending money managers and other financiers from asset forfeiture. In 2006 he won a case on behalf of an alleged Argentine Ponzi artist who was sued for $1 billion. On Mar. 3, Diaz filed a civil suit in U.S. District Court in Miami, the closest American jurisdiction to the Caribbean. The suit alleges that the Elliotts used their company as a "personal piggy bank," siphoning investor proceeds to personal holding companies and "fraudulently diverting funds" to finance Artisan, a luxury cigar brand, and pay for a private plane, a $520,000 yacht, a film festival, a $300,000 country music tour bus, land holdings, and other items.

 

But proving that a defendant has used investor proceeds to buy particular toys isn't easy. Who's to say the Elliotts didn't lose money alongside everyone else? That they didn't buy personal effects with legitimate savings? That the real culprit for the losses wasn't the global real estate collapse?

 

The Elliotts' legal team, which is co-led by Coral Gables (Fla.) attorney Nelson C. Bellido, a former prosecutor, has been counterpunching vigorously. Bellido has filed two motions to disqualify Diaz, alleging that Diaz was illegally soliciting new clients from the hundreds of investors who have yet to join the suit. (A magistrate is considering the charge.)

Despite the roadblocks, Diaz scored a coup in March when he flipped Greg Clark to his side. Until last summer, Clark, 48, had been the Elliott Group's chief financial officer. Diaz says he laid it out for Clark starkly: "You can either tell your story now or sit and take your chances" in further civil and criminal actions. Over the ensuing 48 hours, Diaz says, he was able to wear the executive down. Clark reasoned that he could protect his own assets better—and gain favorable treatment in criminal proceedings—by detailing the fraud for the plaintiffs. "He looked like he had the weight of the world off his shoulders," says Diaz. Clark declined to comment.

 

Diaz says Clark diagrammed the Elliotts' dealings, showing how earlier investors were paid with proceeds from new ones—and backed up his claims with financial records. "Instead of utilizing the funds raised in the manner in which they represented to purchasers," Clark asserted in his sworn Mar. 20 statement, "the Elliott Group paid themselves large fees and diverted funds to acquire personal assets."

 

In a May 8 deposition, Diaz cited Clark's testimony when asking Frederick Elliott about $17 million diverted from the incomplete Juan Dolio project to an unrelated real estate venture. Frederick cracked. He said he couldn't account for discrepancies between monies raised and monies used.

 

The admission was a turning point in the case. By May 19 judges in both Miami and the Dominican Republic had frozen $36 million of the Elliotts' U.S. assets and certain assets in the Dominican Republic. Nine days later plaintiffs won a freeze order for an additional $68 million in assets, including the Elliotts' 54-foot yacht, the Independence. The Elliotts have signaled they'll challenge the orders. "The plaintiffs' allegations of wrongdoing are entirely false," said Carlos F. Concepción, Bellido's co-lead attorney on the case, in an e-mail to BusinessWeek. "The Elliotts will continue to fight vigorously in the Dominican Republic to protect the interests of its investors against the dissident group that is attempting improperly to seize control of the Elliott properties."

 

Despite his progress so far, Diaz is unabashedly eager to get back to defense work. Sitting inside his sleek Miami office, he leans back in his chair and asks how the recent asset-forfeiture conference went. "Hey, good luck to those guys," he says with a sly smile. "They're good for business."

 

BusinessWeek Senior Writer Farzad covers Wall Street and international finance.

 

 

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Diaz Reus's partner - Robert Lee will speak at WorldCity's next Global Connections event, on July 29, focused on China

 

 

Miami law firm Diaz Reus & Targ is expanding its global reach, having opened an office in China’s business capital, Shanghai.

 

The firm, whose managing partner Michael Diaz Jr., was recently featured in BusinessWeek, also has offices in Frankfurt, Germany, Caracas, and Dubai, United Arab Emirates as well as affiliate offices in Bogota and Sao Paulo.

 

The new office will be managed by law firm partners Robert Q. Lee and Adam Ehrlich, and associate attorneys Federico Tabja, Xiaomin (Samantha) Hu and Xin (Joe) Zhang. Lee will be a panelist at WorldCity’s next monthly Global Connections gathering, focused on China, on July 29.

 

“China’s growth rate and expanding middle class are reflective of the country’s continuing integration into the global economy,” said Lee. “From our Shanghai office we will help multinational clients achieve their objectives, while providing assistance to Chinese companies that want to grow their business.”

 

“For many years, our global law firm has seen a continuing high volume of trade and investment involving China, between the Americas, Europe and the Middle East,” said Diaz, the managing partner. “From our Miami, Florida base, we have taken advantage of current legal trends in order to expand our operations and offer our clients innovative, sophisticated and cost-effective legal solutions.”

 

http://www.worldcityweb.com/news/detail/279/Diaz-Reus-opens-Shanghai-office

 

 

 

 

Diaz Reus claims two locations in the Golden "BRIC" nations

 

By ALB | Thursday, 9 July 2009
 

 

 

Diaz Reus & Targ Partners With Brazil's Guimaraes & Vieira de Mello

Miami-based law firm Diaz Reus & Targ announced last month that it has partnered with Sao Paulo-based Guimaraes & Vieira de Mello Advogados. The association will allow Diaz Reus to expand its operations in Latin America. Currently, the firm operates an office in Caracas as well as a joint venture in Bogota. "We believe that investment opportunities in Brazil will occupy a great deal of our time," said Michael Diaz, the firm's managing partner. "[Diaz Reus'] Dubai office is already seeking investors for a company in the Brazilian agro industrial sector. Also, the firm's Shanghai and Dubai offices are in discussions with potential investors to explore oil in marginal fields with a Brazilian company." The firm also announced Monday that it has opened a new full-service office in Shanghai, the South Florida Business Journal reported.

 

www.chinalat.com/uploads/file/LAA090708[1].pdf

 

Are Governments Making Progress in Fighting Money Launderers?

In a meeting June 29 with Colombian President Alvaro Uribe, US President Barack Obama  said both the Northern and Southern hemispheres have a shared responsibility to reduce illicit flows of money. Is progress being made on combating money laundering in the Americas and is the burden being shared appropriately? What are some of the strongest accomplishments and biggest setbacks in anti-money laundering efforts in recent years? Do you believe governments and the financial industry are keeping up with the criminals in the Americas?

This Edition's Commentators:

Edward L. Monahan, Jr. is a member of the Financial Services Advisor board and a director of PricewaterhouseCoopers in Boston.

Carlos F. Gonzalez is a partner at Diaz, Reus & Targ in Miami.

Tom Haider is a member of the Financial Services Advisor board and a consultant on government relations and regulatory compliance issues.

See comments starting on page 1 of the attached: www.chinalat.com/uploads/file/FSA090708[1].pdf

 

 

 

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United States and Europe Take on China's Export Restraints

In a case with potentially major implications for the global trading system, the United States and Europe have decided to challenge a growing problem of China's use of various export restraints on raw materials vital to core manufacturing industries like steel, aluminum and chemicals.

 

On June 23, 2009, both the US and the EC filed formal requests for consultations with China to address various export restraints that China imposes on various forms of bauxite, coke, fluorspar, magnesium, manganese, silicon carbide, silicon metal, yellow phosphorus and zinc.  While China modified its practices on some items ahead of the filing, both the US and EC remain concerned about China's export restraints because these products are important inputs into various products including steel, aluminum and chemicals.  China is an important global producer of many of the products – producing 15% of the world's bauxite, 56% of the world's fluorspar, 84% of the world's magnesium, 45% of the world's silicon carbide, 58% of the world's silicon metal, 29% of the world's yellow phosphorus. 

 

When China uses a variety of means to reduce exports of these important raw materials, it creates two artificial disadvantages.  First, it increases the cost of the materials to importing countries.  Second, it reduces the cost of these materials to companies within China, which gives Chinese users of these inputs an artificial competitive advantage. 

 

In a new {Trade Flow} posted on the firm's website, Terry Stewart provides more detail about case and explains how it raises a number of important issues in how the multilateral trading system will function moving forward.  In it he argues, “Beggar-thy-neighbor policies in the area of raw materials, if not checked, have potentially devastating consequences for global commerce moving forward, as a race to lock up and restrict resources would be the obvious likely outcome.”

 

Right now it would seem unlikely that China will decide to settle without a multiple year fight.  If consultations do not result in progress, expect a request for formation of a panel from the US and the EC in late August with panel formation likely to occur by early October.

 

            Let us know if Stewart and Stewart can provide additional information on this issue and others affecting companies and workers in the global trade arena. 

 

 

 

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CHINESE AIRLINE WINS $1.7 MILLION JUDGMENT AGAINST FLORIDA FLIGHT TRAINING SCHOOL

 

JACKSONVILLE, FL – Shandong Airlines, a Chinese provincial carrier based in Jinan, China won a $1.7 million judgment in an international contract dispute with a Florida flight training school. On June 26, 2009, U.S. District Judge Timothy J. Corrigan ruled against Capt, LLC and Flight Training Services International (FTSI) in the breach of contract dispute.

 

Shandong Airlines had engaged CAPT, LLC, a school owned by FTSI, to provide flight training to 24 of its Chinese pilot cadets, according to Miami-based Diaz Reus & Targ, LLP attorneys Brant Hadaway and Vince Li, who represented the airline.      

 

Under the contract, CAPT, LLC was to provide a 52-week course at its Northeast Florida facilities in Palm Coast, including housing and a weekly living allowance, in exchange for a $68,000 payment per student from Shandong Airlines. Instead, CAPT, LLC breached that contract, demanded more money from Shandong Airlines, and threatened to terminate the students’ visas, according to Hadaway and Li.

 

Hadaway said Shandong had paid CAPT, LLC more than $1.4 million since the 24 Shandong students were admitted into the United States on April 23, 2008 on M-1 vocational student visas, and had met all terms of the contract.

 

However, on March 27, 2009, CAPT, LLC sent Shandong a letter stating it considered the existing contracts “to be null and void” and said it would withdraw sponsorship of all Shandong student visas unless the airline paid additional money for the training, according to the complaint.

      

Hadaway and Li acted promptly to seek remedies for Shandong by obtaining a temporary restraining order to prevent CAPT, LLC from unilaterally terminating its contract, withdrawing its sponsorship for the Shandong cadets’ M-1 visas, and undertaking any activity that would jeopardize CAPT LLC’s FAA licenses. Judge Corrigan supported that request, and ultimately ruled in favor of Shandong.

 

After entering judgment, Judge Corrigan granted a request for issuance of a writ of garnishment to garnish proceeds of an auction of CAPT’s alleged remaining assets in Florida to prevent any further defrauding of Shandong Airlines.

 

Miami-based Diaz Reus is a full-service international law firm focusing on trade and business transactions, complex commercial, civil, and criminal litigation and arbitration matters. The firm operates full service offices in Shanghai, China, Frankfurt, Germany, Caracas Venezuela and Dubai, United Arab Emirates, as well as affiliate offices in Bogota, Colombia and Sao Paulo, Brazil. For more information, visit www.diazreus.com.

 

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MIAMI-BASED LAW FIRM DIAZ REUS, LLP OPENS CHINA OFFICE IN SHANGHAI

 

SHANGHAI, CHINA – Miami-based international litigation and transaction law firm Diaz Reus & Targ, LLP announces the opening of a full-service office in Shanghai, China, announces Michael Diaz, Jr., managing partner.

 

“For many years, our global law firm has seen a continuing high volume of trade and investment involving China, between the Americas, Europe and the Middle East” said Diaz. “From our Miami, Florida base, we have taken advantage of current legal trends in order to expand our operations and offer our clients innovative, sophisticated, and cost-effective legal solutions.”

 

The office, located in the Kerry Centre at 1515 W. Nanjing Road, Shanghai, China, will be managed by law firm partners Robert Q. Lee and Adam Ehrlich, and associate attorneys Federico Tabja, Xiaomin (Samantha) Hu and Xin (Joe) Zhang. “China's growth rate and expanding middle class are reflective of the country's continuing integration into the global economy,” said Lee. “From our Shanghai office we will help multinational clients achieve their objectives, while providing assistance to Chinese companies that want to grow their business.”

 

The opening of the Shanghai office permits the law firm’s highly qualified and dedicated attorneys, solicitors and consultants from our worldwide offices to assist multinational clients to succeed in their expanding global presence."

 

Miami-based Diaz Reus is a full-service international law firm focusing on trade and business transactions, complex commercial, civil, and criminal litigation and arbitration matters. The firm operates full service offices in Miami, Florida, Shanghai, China, Frankfurt, Germany, Caracas, Venezuela, and Dubai, United Arab Emirates, as well as affiliate offices in Bogota, Colombia, Monte-Carlo, Monaco, and Sao Paulo, Brazil. For more information, visit www.diazreus.com.

 

 

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Seminars & Events

 Upcoming Events

 

 

 

V Conferencia Internacional - Antilavado de Dinero y Contra el Financiamento al Terrorismo, Michael Diaz, Jr. participa entre "Los Mejores Oradores" su tema "Ponzi, Madoff y Stanford: Anatomía de Fraude", en Caracas, Venezuela el 15 y 16 de Julio del 2009
July 15, 2009

Para mas informacion marque aqui.

 

Diaz Reus & Targ, LLP Sponsors at Latin Finance's Latin America China Investors Forum, September 23 & 24, 2009, in Beijing China. Partner, Robert Q. Lee will speak on Infrastructure – Investing in Long-Term Assets
September 2009

Click here to view conference and registration information.

 

Past Events

Diaz, Reus & Targ, LLP, Partners, Michael Diaz, Jr. & Brant Hadaway, participate as panel speakers on July 3, 2009 in the IABA XLV Conference, Nassau, The Bahamas.
July 2009

Click here for more information regarding this event.

 

 

 

Dr. Carlos Gonzalez habalra sobre "Atención de Personas Obligadas no Bancarias" (Inmobiliarias, Distribución y venta de Vehículos, Joyería y venta de Antigüedades, otras).
May 8, 2009

ProgramaGeneral

 

University of Miami International & Comparative Law Review's 2009 Symposium: A Series of Perspectives On Emerging Issues in Chinese Law
March 28, 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

Shanghai-based Diaz Reus attorneys Adam Ehrlich, Joe Zhang, and Federico Tabja presented a workshop to Chinese bankers and financial professionals on key steps to developing an effective anti-money laundering program on December 12, 2008 in Shanghai.
December 12, 2008

 

 

 

More than 200 business leaders attended the lunch
January 17, 2008
 

 

Led by Governor Charlie Christ - November 3-8, 2007
 

AmCham Ball - Miami Beat 2007
March 17, 2007


 

Diaz Reus Sponsor and Panelist at the 6th Annual Florida International Bankers Association FIBA Anti-Money Laundering and USA Patriot Act.

Compliance Conference
February 9, 2006

 

 

Postgraduate Course Offered by Universidad de Salamanca and the Latin American Federation of Banks, FELABAN
2004
 

 

Diaz Reus Partners, Robert I. Targ and Carlos F. Gonzalez speak on the latest trends in money laundering at the IV Congress en Prevencion de Lavados y Delitos on November 19-21, 2008 in San Jose, Costa Rica.


 

 

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