Mahindra-truckMahindra duped hundreds of U.S. auto dealers and walked away with more than $60 million in cash and trade secrets. A federal lawsuit was filed in June 2012 against Mahindra & Mahindra, Ltd, and Mahindra USA, Inc., by dealerships in New Hampshire, Florida, California, New Jersey, and Washington. The commercial suit accused the Indian truck manufacturer Mahindra & Mahindra, Ltd., and its U.S. counterpart of fraud, misrepresentation, and conspiracy. Mahindra then filed a motion to dismiss.

Last week, U.S. District Judge Thomas W. Thrash in Atlanta ruled against Mahindra’s motion to dismiss the case. This decision now allows the automotive dealers’ case to move forward.

In a commercial fraud and conspiracy case, the plaintiff has to allege very specific conduct by the defendant. In finding that our clients’ allegations against Mahindra are legally sufficient to continue the lawsuit, Judge Thrash has vindicated our clients’ decision to seek compensation for their losses. Mahindra repeatedly failed to live up to its obligations. Now, we will continue to aggressively seek justice for our clients.

The case is Coast Buick GMC Cadillac, Inc. v. Mahindra & Mahindra, Ltd., No. 1:12-CV-1935-TWT (N.D. Ga. March 6, 2013).

For background and details on the lawsuit, read more on PR Newswire, here…

Miami_skyline_20080517Perhaps the most direct and efficient way to obtain residency in the United States, if you have the resources, is through an EB5, or “investment” visa. A recent news item reports that a hotelier in Miami Beach is taking an interesting approach. And, the City of Miami is also getting in on the act, according to the story: “Hotel Selling Green Cards,” Miami Herald, February 11,2013.

If David Hart gets his way, South Beach’s 42-room Astor Hotel will be on a hiring spree this year as it adds concierge service, a roof-top pool, an all-night diner, spa and private-car service available 24 hours a day.

New hires will be crucial to Hart’s business plan, since foreign investors have agreed to pay about $50,000 for each job created by the Art Deco boutique.

And…

This year, the city of Miami itself is expected to get into the business by setting up an EB5 program to raise foreign cash for a range of city businesses and developments. The first would be the tallest building in the city — developer Tibor Hollo’s planned 85-story apartment tower, the Panorama, in downtown Miami.

Beyond the U.S., Caribbean island nations selling citizenship to those willing to pay

Some Caribbean island nations have taken the EB5 concept a step further by “selling” citizenship to those who are willing and able to pay. With the typical fee being substantially less than the $500,000 requirement for an EB5 in the U.S., island citizenship might be an attractive option for people who either need an “emergency exit” from an unstable region, or just need greater freedom of travel for doing business. And you don’t even have to set foot in your country of choice! (But it’s the Caribbean, so surely you would want to at least pay a visit!)

Based on this story, “purchasing” Caribbean citizenship seems to be a popular option among investors and business persons from the Middle East.

Without leaving his home in the United Arab Emirates, the Palestinian man recently received a brand new Dominican passport after sending a roughly $100,000 contribution to the tropical nation half a world away.

“At the start I was a little worried that it might be a fraud, but the process turned out to be quite smooth and simple. Now, I am a Dominican,” said Mezawi, who like many Palestinians had not been recognized as a citizen of any country. That passport will help with travel for his job with a Brazilian food processing company, he said by telephone from Dubai.

“…[a]fter the Arab Spring, it’s become more difficult for us to really travel around the world, even in the Arab region,” he said. “But being a citizen of Dominica, it is much, much better for us.”

 

Robert TARG - Attorney - international-finanical crimesThe threats of serious financial crime and abuse in both the public and private sector are many. The resources that can be deployed in protecting both economies and institutions are best placed by taking preventive measures.  However, in the complex world in which we live, the issues are not always straightforward. In some instances, preventative measures place additional legal and regulatory burdens on those institutions that mind other peoples’ wealth. Notwithstanding exposure to new and difficult risks, the private sector can be a valuable asset in pursing criminals. The Thirty-First International Symposium on Economic Crime at Jesus College, Cambridge, from September 1 through 8, 2013 will address the legal and practical problems of exposure, as well as a wide variety of topics relevant to the control of economic crime, worldwide.

As in previous years, the Symposium is expecting to provide over 1,000 participants from around the world a vehicle for those involved, at whatever level, in protecting the integrity of their institution or society. Additionally, participants will meet to explore with other attendees how more meaningful international understanding and cooperation may be fostered.

The Symposium is organized by a number of leading academic and research institutions around the world, including the University of Cambridge, with the support of numerous governments and international organizations on a non-profit making basis.

The law firm of Diaz Reus & Targ is pleased to announce that partner Robert Targ has again, for the fourth year, been called upon to speak at the symposium and participate in a panel discussion. Drawing on his vast experience in cross border financial crime and import-export legal issues, Bob will deliver a paper focused on the role of financial intelligence in assisting in measures designed to disrupt serious criminal activity and collateral impact to innocent third parties.

We encourage interested parties to join us for this collaborative symposium. If you would like more information, or to register for this event, visit, www.crimesymposium.org. We hope to see you there.

Spain: What corporations doing business in Europe should know…

November 7, 2012 Commentary

From The Daily Business Review (Nov. 4, 2012): commentary by Robert Kiss, Diaz Reus & Targ associate attorney, on the impact of further Eurozone bailouts for corporations doing business in Europe. SPAIN Despite the best efforts of the Spanish people and Prime Minister Mariano Rajoy, the European Union will almost certainly need to bail out [...]

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Iraq Offers a Wide Range of Opportunities for Foreign Investors | But Not Without Challenges

October 3, 2012 Investment

As one of the world’s emerging markets, Iraq offers a wide range of opportunities for foreign investors. To stimulate investment and development of infrastructure projects, Iraq enacted several investment laws in 2006 at the federal and regional level. These laws are aimed at encouraging foreign investment that creates job opportunities for Iraqis as well as [...]

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Will Moody’s Downgrades Affect Latin American Banking Operations?

July 15, 2012 Brazil

Moody’s Investors Service on June 21 downgraded more than a dozen major banks as they grapple with declining profitability and a weakening global economic environment. Will the downgrades affect the banks’ businesses in Latin America and their customers in the region? Will the downgrades create opportunities for smaller financial institutions in Latin America? How well [...]

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Global Vehicles vs. Mahindra & Mahindra | A case of fraud, misrepresentation and conspiracy

June 12, 2012 Financial Fraud

A bag of false promises. When someone makes a promise then doesn’t deliver on that promise, the normal reaction for the duped is disappointment. But, when a major international truck manufacturer signs a contract with a franchisee dealer that requires significant advance costs, then manipulates the details in such a way that they take the [...]

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Opinion | Why U.S. Firms are Adding Jobs, but Mostly Overseas

April 27, 2012 Commentary

Today, the Wall Street Journal released data from their analysis of large U.S.-based multinational companies showing that global companies, aided by overseas revenue, are faring better than purely domestic companies during the economic recovery. “Nearly 60% of the revenue growth between 2009 and 2011 at the companies in the Journal’s analysis came from outside the [...]

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DIAZ REUS OPENS OFFICES IN IRAQ

April 26, 2012 Iraq

Diaz Reus & Targ has opened law offices in Iraq, further expanding our presence in the Middle East and reinforcing our long term commitment to the region. FIRST Major International U.S. Law Firm to Enter Post-war Iraq As the first major international U.S. law firm to enter post-war Iraq, our new offices provide us with [...]

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Foreign Account Tax Compliance Act (FATCA)

March 2, 2012 Commentary

New U.S. Regulations | Wide-Ranging Implications for Banks Operating in Latin America and the Caribbean The U.S. Internal Revenue Service and the Treasury Department recently released much-anticipated proposed regulations for implementing the Foreign Account Tax Compliance Act (FATCA). Wide-ranging implications for banks operating in Latin America and the Caribbean are expected. According the U.S. IRS [...]

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