这笔资金实际上并没有跨境,但两边客户实际上将资金从一个司法管辖区转移至另一个,规避了上述5万美元的汇出限制。
From 2007 through 2010, Ms. Yan sent more than US$2 million to Hong Kong to invest in the stock market through this method, according to the court documents.
法庭文件显示,从2007年到2010年,严穗陵通过这种方法汇出逾200万美元到香港以投资股市。
Ms. Yan got caught up in a criminal morass when one of the checks deposited into her Hong Kong HSBC account turned out to be the proceeds from a mortgage fraud. Using false identification, an unidentified 'rogue,' according to court documents, took out a US$1 million mortgage for an apartment at the luxury Bel Air complex in Hong Kong that was actually owned by someone else. Some of that money ended up in Ms. Yan's account.
严穗陵陷入刑事案件困境是因为,存入其香港汇丰银行户头的一张支票是一起抵押贷款欺诈案的非法所得。法庭文件显示,一位身份不明的“混混利用伪造的身份证明,以香港豪华社区贝沙湾(Bel Air)一套公寓为抵押,获得了100万美元贷款,但这套公寓实际上属于另一个人。这笔资金的一部分最后出现在了严穗陵的户头上。
Hong Kong law enforcement arrested Ms. Yan in Hong Kong. Under Hong Kong law, prosecutors didn't have to prove that Ms. Yan knew about the mortgage fraud directly, only that a reasonable person should have figured the money was from a tainted source. In fact, prosecutors didn't present evidence that she knew about the mortgage fraud. She claimed she wasn't involved and the transactions were legitimate.
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