本帖最后由 吆喝 于 2010-11-11 19:22 编辑
唐炜臻及其妻子和女儿被投资者告上法庭
Weizhen Tang, his wife and daughter sued by investor
南 茜（Nancy Jin）(2009-04-24 下午04:08),
一些投资者告诉《大中报》，投资给唐炜臻和他的公司就好象坐过山车。当被指控的唐炜臻投资骗局一步步被曝光，投资者从收到高额投资报表到面对他们的全部投资可能损失怠尽，他们经历了从兴奋到焦虑不安、到绝望、甚至愤怒不已的巨大情绪转变。
Investing with Tang and his companies is just like taking a roller coaster ride, some investors told Chinese News. From reviewing encouraging investment statements to facing the potential loss of entire investment, they experienced drastic emotional shifts, from thrill to anxiety to despair and anger, as Tang’s alleged investment scam unfolded.
王金支（Wang, Jinzhi）就是唐的投资者之一。他的Aping Co. Ltd.在中国苏州的纺织品公司的中有投资。在安省证监会发出临时命令，要求唐炜臻和他的公司暂停交易之前，Aping Co. Ltd.于3月6日向安省高级法院的提交民事诉讼，指控该公司向唐炜臻及其公司投资的50万元资金全部损失一空。
Mr. Jinzhi Wang is one of those investors. In a claim filed to the Superior Court of Ontario on Mar. 6 -- prior to the OSC issuing the temporary cease trade order against Tang and his companies, Aping Co. Ltd. (Aping), a company Wang owns and invested in a textile company in Suzhou China, claimed that the $500,000 investment to Tang and his companies made by Aping has all been lost.
除了指控唐炜臻和他的公司，该诉讼同时也将唐炜臻的妻子萧红，唐炜臻的女儿唐文漪（Wenyi Tang，音译）以及唐炜臻和妻子的生意合伙人余杰华（Jiehua Yu，音译）列为被告，因为他们分别是唐炜臻公司的主管、经理和高级职员。
Apart from Tang and his companies, the claim also named Hong Xiao - Tang’s wife, Wenyi Tang - Tang’s daughter, and Jiehua Yu - a business associate of Tang and Xiao as defendants to the claim as they are the principals, directors and officers of Tang’s companies.
原告指控，王是被唐炜臻广泛宣传的每周1%回报的承诺所吸引，在2008年10月与唐炜臻及其妻子会面时，表示自己对唐炜臻的计划感兴趣。唐炜臻夫妇在会面时向王保证所有投资的回报率为每周1%，也就相当于每年52%。
The promises and representations of 1% per week claimed by Tang through the extensive advertising campaign caught the attention of Wang, who contacted Tang and Xiao through a meeting in Oct. 2008, where he expressed his interest in Tang’s investment scheme. They assured him at the meeting that the return on any investment would be at the rate of 1% per week, equivalent to 52% per year, according to the claim.
在唐炜臻的口头和书面承诺下，王与唐炜臻签署了投资协议，投资50万元购买了数份有限合伙人基金单位。
Resulting from the representation, both oral and in writing, Wang entered into an agreement with Tang to purchase several units of the Limited Partners fund, in a total amount of $500.000.
王和唐炜臻的其他投资者一样，是通过上网查看他的投资帐户的投资结果。起初，他们对投资回报很是满意。唐炜臻公布投资报告显示，仅仅在短短两个月内，王的投资利润已经高达45,073.89元。
Wang, who was given online access to his investment account, was initially impressed with the performance of the investments, along with other investors of Tang. The statements posted by Tang indicated that Wang’s investment showed an encouraging increment of $45,073.89 over a period of two months.
但是，当王书面通知唐，要求撤回其50万元投资时，唐炜臻却未做回应。同时，在线财务报告却仍然持续显示王的投资回报在不断增加。财务报表显示，2009年2月25日当日王的投资的本金加回报已经高达576,347元。
Wang, through a written notice, started to request the redemption of $500,000 from his investment account, but received no response from Tang, while the online statements continued to show encouraging results. The account statements showed that the total investment value peaked at $576,347 on Feb. 25, 2009.
当王得知其他投资者也和他有类似遭遇，即再三要求撤回投资，但唐炜臻总是以种种借口延迟退款后，他们开始觉得事有可疑。
Wang learned that other investors experienced similar encounters after repeated requests for redemption that were followed by Tang making various excuses to delay the refund. They became suspicious.
在2009年2月27日的一个会议上，唐炜臻和妻子向包括2名来自美国和120名来自多伦多的投资者表示，他的最初投资额高达5900万元投资帐户上目前只剩下1400元。他们同时承认曾伪造财务报表误导投资者。
At a meeting on Feb. 27, 2009, Tang and Xiao told investors - two from the US and 120 in Toronto - that only $1400 was left in the account that was originally with an investment value of $59 million. They admitted to having forged account statements to mislead investors.
诉讼称，唐炜臻夫妇告诉投资者，由于操盘失误，看上去投资者的所有投资都已经损失一空。唐炜臻甚至书面承认他的投资行为可能够得上刑事诈骗。
The couple told investors that, due to poor speculation in the stock markets, the investors virtually lost all their investments. Tang even admitted in writing that his conduct amounted to fraud contrary to criminal laws, according to the claim.
投资者们的自行审计发现，有超过1000万元的投资资金去向不明。
The investors’ audit found that over $10 million of the investments was unaccounted for.
该诉讼指控，被告们应该共同为公司的投资欺诈行为负责。由于他们的不正当和非法行为，导致王损失了全部500,000元投资。
Resulting from the wrongful and illegal conduct of the defendants - who are equally personally responsible for the company’s fraudulent misrepresentations - Wang lost all of the $500,000 he invested, the claim alleged.
王要求被告们赔偿他50万元的实际损失，30万元的惩罚性赔偿，以及利息。
Wang claimed $500,000 in liquidated damages and $300,000 in punitive damages, with pre-judgment and post-judgment interests.
王的代表律师Courtney Betty，已经在2009年4月1日向法庭递交了缺席通知的申请，要求法庭在被告未在规定的期限内递交应诉状的情况下，通知被告未能按期向法庭递交应诉文件。
Courtney Betty, the lawyer representing Wang in the claim, filed a requisition for noting in default on April 1, 2009, requesting the court to note Tang and his companies in default in the action as the defendants have not delivered a Statement of Defence within the prescribed time.
Betty在接受《大中报》采访时表示，“我们将采取一些列措施申请法庭强制命令，最终从唐及其公司手中追回损失。”
“We will obtain court judgment and take steps towards enforcing, which may lead to the collection of assets from Tang and his companies,” Betty told Chinese News.
Betty表示：“我们认为法庭会很快批准我们要求缺席判决的申请。当然我们要找到钱在何处…… 而这一整套步骤与证监会的行动无关。”
“We expect that the court will grant the requisition for default judgment shortly, but we have to find the money first and then to pursue where the money is…The whole process is independent of the OSC orders,” Betty added.
唐在接受《大中报》采访时表示，他认为对该法律诉讼没有应诉的必要，因为大部分钱已经支付给前投资者们了。“剩下的150万中包括我从个人房产中抵押出来的20万，以及在证监会停止我操盘之前交易所获的一些利润，均被安省证监会及美证监会所冻结。”
Tang told Chinese News in an interview that responding to the lawsuit is unnecessary since most of the money has been paid out to previous investors. “The remaining $1.5 million, which includes $200,000 from refinancing my home as well as some trading profits generated prior to the OSC order -- has been frozen by the OSC and the SEC,” said Tang.
“王的确投资了50万。但他根本不可能拿到30万的惩罚赔偿。王指控说网上的报告都是伪造的，可是如果我能付得起，报表上的数字不就是真的了吗？关键要看你怎么解释。所不幸的是，投资失败了，但生意失败是常事。”
“Wang did invest $500, 000. However, in my view, he does not ‘deserve’ the $300,000 punitive damages. While he alleged that the online statements were forged, they could have been accurate had I been able to afford. As such, it all depends on the subjective interpretation of the statements. … Unfortunately the business failed and that happens all the time,” said Tang.
“一旦证监会准许我再操盘，我就能立即将投资者们的投资全部退还。请相信我的能力。没有人能够集这么大数额的资金，这一点来说我是非常成功的。”
“But I will be able to refund all my investors as soon as I am allowed to trade by the OSC again. Trust me that I am a very capable man. I am very successful in terms of raising such a significant amount of money, which no one else can,” said Tang.
“我从来没私吞投资者的钱。除了这些年我的生活支出花费100万元，大部分钱都丢在投资亏损上了。这也是为什么我还是一个自由人，未遭逮捕。”
“I’ve never embezzled investor’s money, and most of the money loss resulted from the trading losses, except for the $1 million spent as my living costs over these years, which is why I am still a free man without having been arrested.
唐表示：“我对所有指控的行为负全部责任。我太太和其他人，特别是我女儿，与此无关。”
“I take full responsibility for any alleged wrongdoing … My wife and others, particularly my daughter, have nothing to do with it, “said Tang. |
楼主: 共产党
狗仔卡
楼主
显身卡
发表于 2010-11-11 13:48:08
