B.C. vows crackdown after Globe investigation reveals money-laundering scheme
Here is why it is important to choose the right Private Lender:
Through millions of dollars in private lending and mortgages, people
connected to the fentanyl trade are parking their illicit gains in the
Vancouver-area property market – and using alleged threats, extortion and
deception to make sure they get their money back. Kathy Tomlinson and Xiao Xu
investigate
It was dirty money – stuffed in the trunk of their Mercedes and
behind a seat in their Range Rover. The rest was squirrelled away in a safe and
a night table, at a condo they were using.
Small bills – $660,970 in all – covered with traces of deadly
fentanyl and other street drugs. Police seized the cash in the spring of 2016,
when they arrested Ying Zhang, Zhi Guang Zhang and Wei Zhang, after putting
them under surveillance and watching them conduct business in parking lots in
and around Vancouver.
They weren't charged with any crimes, despite the evidence that they
were peddling opioids that kill people. It's not unusual in B.C. for police to
forgo pursuing charges when they find dealers in possession of drug money, but
not holding actual drugs. The Zhangs did lose their cash, though, for good: A judge
ordered it forfeited to the provincial government as "proceeds of
crime."
It's a big headache for any drug trafficker: trying to protect
illicit profits from being stolen or confiscated. They can't walk into a bank
with bags of cash, because staff would be required to report that to
authorities as suspicious. And so the money piles up. Until they find a way to
launder it.
A Globe and Mail investigation has discovered that the Zhangs and
other local residents associated with drug-related crime are effectively
parking their riches in Vancouver-area real estate, where it is rendered clean
and secure, without actually owning any of the properties.
Just hours after The Globe's investigation was published, B.C.'s
attorney-general responded by calling it "very serious and deeply
troubling."
"This story confirms our government's commitment to taking
action to crack down on money laundering and criminal activity in B.C.,"
David Eby said.
The Zhangs and others call themselves privatelenders – issuing millions of dollars in registered
mortgages and short-term loans.
Just as a bank does, they grant a loan, then register a land-title
charge against the borrower's real estate, equal to the value of the debt, plus
interest. The charge, which gives them a stake in the real estate, remains in
place until the debt is cleared. If the property is sold, the loan gets paid
out from the sale proceeds, in clean money, all seemingly legal.
Except these financiers are unregulated and unlicensed and the loans
they grant are in cash, which is likely dirty money derived from drug deals or
other crimes. The Zhangs charge interest rates of up to 39.6 per cent, with some private lenders demanding up to 120 per cent. Court records show that
one of the Zhangs' associates is among those allegedly charging that
extortionate level of interest, which is double the maximum legal rate.
By combing through hundreds of lawsuits, foreclosures and property
records, The Globe identified 17 such lenders, who have collectively claimed a
$47-million stake, plus interest, in 45 Vancouver-area properties in recent
years. The three Zhangs alone laid claim to at least $20.7-million of that,
individually or through numbered companies.
Their target customers are wealthy Chinese newcomers or tourists –
and their grown children – who've bought property in Canada and who want to use
it as leverage to borrow large amounts of cash. Some borrowers appear to use
the loans to pay down other debts.
Enter the private lenders, offering quick, easy money – by word of
mouth – through social and business circles.
One of the Zhangs' customers was a real-estate developer, based in
China, who has a gambling habit. Jia Gui Gao borrowed tens of millions of
dollars – more than his B.C. properties were worth – from several private
lenders. Then he simply walked away from $58-million worth of empty
Vancouver-area mansions and vacant land he owned, leaving it all to his
creditors.
When one of the properties sold for $8.7-million in a foreclosure
last year, mortgage holders and suspected drug dealers Ying Zhang and Wei Zhang
received court-approved payouts totalling $2.18-million.
That money constitutes another source of credit churning through the
real-estate market, that financial regulators aren't monitoring. The private
lending is also yet another scheme that may well be inflating sale prices, in a
city where real-estate speculation has already pushed prices well beyond the
reach of middle-class citizens and has ignited a national debate and a raft of
responses from policymakers.
Many of the properties The Globe looked at sold, after the privateloans were taken out, for much more than the owners had paid for them. Each
time a real-estate investor cashes out like that, it sets the market price
higher for all houses in the neighbourhood.
"The borrowers are using their homes as collateral, so I would
think there is an incentive to sell your house at a higher price later,
speculating on the hot real-estate market, to cover the costs incurred to pay
off extremely high interest payments," said Denis Meunier, former deputy
director of FinTRAC, the federal agency that analyzes money laundering.
Beyond the Zhangs, such private moneylenders in B.C. include Xun
Chuang, who has a record of drug crimes; Vinh-Loc Chung, convicted for carrying
a restricted firearm; Xiao Ju Guan, found storing ecstasy and other drugs; Ye
Jin Li, convicted on drug charges; and Kwok Chung Tam, a long-time Vancouver
lender who's been convicted of drug crimes. Mr. Guan also ran a business wiring
cash overseas.
The $47-million in private lending unearthed by The Globe is a just
a fraction of the questionable lending: Only debts in dispute or serious
default end up in court, generating a paper trail
Some of what can happen with these private lenders:
Some of the people they've pursued over unpaid debts, however,
fought back in court – and accused Mr. Jin of a variety of things, including
fraud, forgery and coercion. Most were wives whose names were on a property's
title but who claimed they knew nothing about loans made to their husbands.
Ru Bing Shen was one of them.
She'd just been divorced and wanted to sell, but couldn't - unless
she got the court to remove those claims from the title.
According to Ms. Shen's affidavit, she came home one day, after
picking her child up at school, and was confronted by Mr. Jin and four other
men "waiting outside, all with shaved heads." She said she told her
child to "rush inside." Mr. Jin said he was looking for her husband,
"then told me that he would return whenever he wished." She said she
feared "what Mr. Jin could do to me or to my family" and didn't feel
safe in her home.
Ms. Wei responded in court filings, saying that she and Mr. Jin had
given Ms. Shen's husband $405,000 worth of loans, all in cash. She claimed that
Ms. Shen had admitted owing the couple money, when they visited her home. The
judge sided with Ms. Shen and dismissed the couple's claims against the
property.
Hers is not the only case in which Mr. Jin is accused of dragging
other people into disputes he has with his borrowers.
Given that the various private lenders stand accused of making
threats, trafficking in deadly drugs and laundering money, The Globe asked the
RCMP for an interview for this story, but didn't hear back. The Globe also
tried to get in touch with the biggest lenders named here, but received no
response.
Yes the article is about something happening in BC, but there is
ample evidence that similar practices are taking place right here in
Montreal. There is however a way to
protect yourself if you are looking for a Private Lender in Montreal. The one
thing that all these criminals had in common is that none of them were
registered with the Securities commission.
In Quebec the Securities commission is known as the Autorité des
marchés financiers (AMF). Although there are a few (and not many) Private
Lenders that are registered with the AMF, one of them stands head and shoulders
above the rest. TempBridge Inc, through it’s parent company HayesCor RealEstate, is that company. With a combined real estate experience of over 100
years in Montreal, and the right to offer their services as defined by the AMF they
are the company to work with if you need a Private Lender. Check them out at www.tempbridge.ca.
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