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NYCRC纽约区域中心老板被起诉　　地处繁华大都会区、政府担保还款、毫无风险……曾几何时，这还是纽约市区域中心（New York City Regional Center, 简写NYCRC）与中介公司联名向投资人发布的诱人广告内容； 但当前正在进行中的一起该区域中心与前合作伙伴“互掐”，涉及违约与欺诈的诉讼，却管中窥豹地揭示了移民市场浮华外表后的种种乱象。　　2011年4月18日，纽约市区域中心的一家前合作伙伴――美国莱恩斯房地产发展集团（Lion's Property Development Group）将前者告上法庭，称该区域中心挪用了原告的内部客户名单，而拒不支付合同约定的600万美元引荐费；此外，原告还将Hoche Partners Capital及其总裁Gregg D. Hayden列为被告，称后者的另一头衔是纽约市区域中心的亚洲区销售总经理。　　原告提到，有200名投资人因自己的引荐而投资被告纽约市区域中心的项目，按照双方之前签订的《引荐协议》（Referral Agreement），被告应按每人付给其3万美元，即总共600万美元引荐费。　　三项目吸引750名投资人，共募资2.5亿美元。　　纽约市区域中心于2008年10月获得移民局批准，从而使在曼哈坦、布碌仑、皇后和布朗克斯四区兴建的一系列项目可通过EB-5投资移民计划募集款项。该区域中心在2009年3月正式运作。　　该区域中心推出的一系列项目，如布碌仑体育馆（Brooklyn Arena）、大西洋广场（Atlantic Yards）、Steiner电影工作室等，均可谓热门投资项目；据统计仅大西洋广场一项便吸引了498名投资人，区域中心因此得到的收入约为5000万美元；与此同时，纽约房地产公司森林城市拉特纳（Forest City Ratner）可从上述投资人处拿到2.49亿美元的低息贷款。　　被指曾作不实陈述，称政府担保无风险　　诉状中亦提到，纽约市区域中心与凯胜移民（Cansine）在对海军工厂（Navy Yard）项目的共同宣传中，称该项目“有政府土地提供担保，因此不存在风险。”不过区域中心称自己并不能控制中介的不实宣传。　　而在对大西洋广场项目的宣传中，区域中心及其附属公司也有“担保无风险”的说法，但这与区域中心向移民局送件的实际合同中无任何担保条款明显矛盾。诉状指出，区域中心只是一家私人机构 却处处打着政府的旗号，一再强调自己与纽约市政官员有联系，让投资人误以为投资有政府担保，既能快速取得绿卡， 资金还毫无风险。　　原告称根据中心提供的宣传材料宣传却被指有误　　诉状提到，被告在挪用客户名单后，便通知原告不得再召开有关的研讨会，因为“为研讨会所准备的某些材料不准确”；但原告指出这些材料本来就是被告自己制作的，上述理由不过是借口。　　原告认为正是由于它在中国市场的联系，才使被告在三个项目上成功招揽了750余名投资人；诉状还提到，被告在2010年拒绝提供上述投资人的信息。　　原告提到，被告的不实陈述使得自己在业界的商誉下降；以至于丧失了其与其它EB-5区域中心合作的机会；例如佛罗里达的BirchLeaf Miami 31区域中心就因被告的诋毁，而终止了与原告的合同；　　双方互指违约，庭审尚待进行　　综上，原告以违约、欺诈性干预合同、欺诈性干预业务关系、违反保密条款、不当得利和破坏商誉等为由，要求被告赔偿。　　被告则指控原告夸大了其业务能力，违反了协议规定的保密义务；因此被告将不再受协议约束；其对被告的指控亦属诽谤，用意在于使中国中介公司停止与区域中心合作。　　本案现在处于文件交换和采集书面笔录阶段，这一阶段已截止于2011年12月23日；第二阶段为取证阶段，分两次进行，分别在2012年2月3日和4月6日截止。双方律师的遵守日程会议（compliance conference）将于5月11日召开。 javascript:void(0)

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回复: NYCRC纽约区域中心老板被起诉-(转载)旧新闻，分赃不均，内讧

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回复: NYCRC纽约区域中心老板被起诉-(转载)幸亏对NYCRC一直敬而远之，不为诱惑所动。。。。。。

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不理闲事，不听废话，低头做事，抬头看路！均属个人观点，与所在机构无关 超赞 赏 R richd 0$(VIP 0) 1502012-04-20#4 回复: NYCRC纽约区域中心老板被起诉-(转载)NYCYC 的 526 好象都批了，有了解得吗？

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回复: NYCRC纽约区域中心老板被起诉-(转载)December 6, 2011Who's Suin' Who? Atlantic Yards EB-5 Marketer NYC Regional Center is Awash in LawsuitsAtlantic Yards Report, Former affiliate of NYC Regional Center files suit, claiming firm stole confidential Chinese client list, thus saving millions in finder's fees for EB-5 investors in Atlantic Yards, other projects</B> The New York City Regional Center, which has marketed Atlantic Yards as an investment for green card-seeking investors, is the busiest regional center in the China market, and seems to be New York City's designated third-party source for such cheap capital, is embroiled, directly and indirectly, in two lawsuits, one described below, the other here. Given the early stage of the lawsuits, and the confidentiality of certain exhibits, it's difficult to fully evaluate them. But it is clear that the EB-5 program can bring significant sums to the middlemen, and thus fuel disputes. The New York City Regional Center (NYCRC), which has focused on recruiting green card-seeking investors in China, is facing a lawsuit filed by a former affiliate, which claims that the NYCRC appropriated its confidential client list and thus evaded obligations to pay $6 million in finder's fees for new investors. The lawsuit, filed 4/18/11 by Lion's Property Development Group, also names Hoche Partners Capital and its president, Gregg D. Hayden as defendants. Hayden has served as the NYCRC's chief salesman in China (as I've described) under the title "General Manager Asia" on behalf of NYCRC. Lion's (led by Chaim Katzap) argues that NYCRC has thus recruited more than 200 investors without paying the $30,000 fee it owed Lion's, or a total of $6 million. (That $30,000 fee, however, would have included a downstream finder's fee of $15,000 from Lion's to each local affiliate.) There's good reason to pay a big referral fee; I estimated that the 498 investors in the Atlantic Yards project might earn NYCRC $50 million. Meanwhile, Forest City Ratner will get the benefit of a $249 million low-interest loan, from 498 immigrant investors, itself saving perhaps $140 million. The NYCRC would benefit from the spread between the no-interest offered investors--who care more about green cards than investment returns--and the low interest, perhaps 4% to 5%, charged to the borrower. Indeed, the suit charges that NYCRC told the local affiliates, aka Network Agents, they'd get $20,000 rather than the $15,000 offered by Lion’s if they worked directly with NYCRC to recruit investors for Atlantic Yards and the other two projects, involving the Brooklyn Navy Yard and Steiner Studios. ​Atlantic Yards Report, Lawsuit over control, revenues of NYC Regional Center: co-founder charged with fraud by former partner; counterclaim also charges fraud</B> The New York City Regional Center (NYCRC), the private firm authorized to raise funds from immigrant investors under the EB-5 program is embroiled in a lawsuit one of its founders filed against another, and that engendered a counter-claim. Empire Gateway, LLC which owns more than half the NYCRC, and Empire's controlling owner, George Olsen, charge that Sandra Kim Dyche fraudulently gained "membership interest in Empire" and never recruited investors. Thus she should return her membership interest, which is nearly half the value of Empire (and about a quarter of the value of the NYCRC). In return, Dyche charges that Olsen fraudulently gained control of Empire, and that she deserves damages of at least $5 million. ... The suit has no direct bearing, apparently, on the NYCRC's Atlantic Yards effort, in which it has apparently raised $249 million from 498 investors, mostly from China but some from Korea. But there's big money at stake.​

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不理闲事，不听废话，低头做事，抬头看路！均属个人观点，与所在机构无关 超赞 赏 visatousa 0$(VIP 0) 4,2302012-04-21#6 回复: NYCRC纽约区域中心老板被起诉-(转载)和森林城市打交道小心为妙！ Phil Reisman: Caution is wise when dealing with Forest City In a certain well-known novel about a whale, the aged Elijah warns Ishmael and his tattooed pal Queequeg that they will lose their souls if they sign on with Captain Ahab. They ignored him and ... well, you know the rest. Is there a political lesson in this seafaring disaster story? I contemplated the question after talking to former Yonkers City Councilman John Murtagh about Forest City Ratner Companies, the super-sized developer of literally millions of square feet of real estate in the metropolitan region including the Atlantic Yards in Brooklyn, Ridge Hill in Yonkers and the Echo Bay project in New Rochelle. Atlantic Yards is a colossus of a project that effectively wipes out the Flatbush section of Brooklyn. It has spawned many lawsuits and protests from residents and merchants who regard Forest City Ratner to be evil incarnate. Ridge Hill inspired a federal investigation that resulted in the recent conviction of former Councilwoman Sandy Annabi on charges she took bribes in exchange for switching her vote on the project. Though Forest City Ratner was not implicated in the case, many people wonder how it managed to escape the long arm of the law. In New Rochelle, the City Council issued a memorandum of understanding Tuesday that effectively allowed Forest City to go ahead with its plans. Murtagh, who opposed the Ridge Hill project as it was constituted, sounded Elijah-like when I brought up Echo Bay and Forest City. “Given their track record in Brooklyn and Yonkers, I would warn any municipality I came across to watch out for these guys because I just think they’re bad operators,” Murtagh said. “They ride roughshod over communities. They quite frankly legally or otherwise buy off politicians. They game the system for their advantage.” Murtagh said he couldn’t speak to Forest City’s activity in New Rochelle, but he said the Ridge Hill trial should stand as a cautionary tale when doing business with Forest City. “I can’t imagine any elected official in Westchester County who wouldn’t take a deep breath and step back and say, ‘What am I dealing with here?’ ” (Page 2 of 3) Echo Bay has been talked about for six or seven years. Compared to the other Ratner projects, it is tiny, covering only 10 acres of property above a tidal marsh. Its revised scaled-down blueprint involves no more than 300 rental apartments and perhaps 25,000 to 50,000 square feet of retail space. And yet it is considered to be the centerpiece of an eventual overhaul of the city’s precious but underutilized waterfront, which lies just beyond the Main Street portion of Boston Post Road and is largely blocked from view. The Echo Bay project has many complex issues attached to it. Those include the possibility of moving the City Yard to another location and the fate of a vacant naval armory that was last used as a haunted house attraction yet remains a symbol of New Rochelle’s proud military history. The imposing brick armory, built in 1931, can be easily missed from a passing car because it is set back from Main Street and situated on a slight rise. More easily spotted is the garish, 24-hour McDonald’s next door. It’s an odd juxtaposition but the old military installation and the fast-food restaurant actually have something in common: Millions have been served. For a while it appeared that Forest City wanted to tear down the armory. The idea horrified veterans as well as city traditionalists who suspected (and may still suspect) that Mayor Noam Bramson and other city officials were in the developer’s hip pocket. A Save Our Armory movement was launched under the leadership of former Assemblyman Ron Tocci, who has long been an advocate for veterans. Adding spice to the armory controversy is the fact Tocci and Bramson are hardly friends, a condition going back to at least 2002 when Bramson challenged the incumbent Tocci in a primary-election battle that quickly devolved into a bitter mud fight. In the end, Tocci emerged victorious, but memories are long in the Queen City. He and his cohorts may have also won the armory battle. By the looks of things the armory seems safe at least for the time being. Forest City Ratner has backed off from its original quest to demolish it. (Page 3 of 3) The city will now accept proposals for developing the armory’s interior a project that in tight times will probably have to be funded with private money. Essential to the armory’s future is that the developer also appears to have dropped an idea to tear down the armory’s so-called “annex,” which is a misnomer since it consists of an entire wing and is architecturally integral to the structure. At Tuesday’s City Council meeting, the developer’s representative Abe Naperstek gave a verbal assurance that the wing wouldn’t be touched. Councilman Ivar Hyden, who is an armory proponent, told me Wednesday that he hasn’t witnessed any of the heavy-handed tactics associated with Forest City Ratner. “I’ve spoken to my other colleagues on council,” he said. “Nobody has been lobbied in any serious way. I think they (Forest City Ratner) must be very aware that it would be a bad idea to do something like that.” However, Hyden wasn’t born yesterday. He said he wished he had Naperstek’s assurances in writing. “Yeah, I’d love to have that,” he said. “But there was no way I was getting that.”

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不理闲事，不听废话，低头做事，抬头看路！均属个人观点，与所在机构无关 超赞 赏 visatousa 0$(VIP 0) 4,2302012-04-21#7 回复: NYCRC纽约区域中心老板被起诉-(转载)April 20, 2012AY down the memory hole: Forest City Ratner's malls identified as "crime epicenter," again contradicting Atlantic Yards Blight Study, which absolved themAtlantic Yards Report Of all the dubious work that the ubiquitous environmental consulting firm AKRF has done on Atlantic Yards, its crime study, aimed to support the conclusion that the Atlantic Yards footprint was blighted, was most clearly bankrupt. Remember, AKRF suggested that a little-populated, railyard-dominated section of footprint, rather than Forest City Ratner's two malls, was responsible for the crime spike in Sector E of the 88th Precinct. But it never checked with the cops to square their observations and statistics with the surely self-serving numbers reported by the malls. From the New York Times's blog The Local today, Our Crime Epicenter: The Atlantic Terminal and Atlantic Center Malls: The Atlantic Terminal and Atlantic Center malls aren’t just hubs for Fort Greene shoppers and commuters ― they’re also the neighborhood hotspots for criminals. The adjoining shopping centers, owned and developed by Atlantic Yards master builder Bruce Ratner, have been the site of at least 26 reported crimes, and countless other thefts, making it the singular crime epicenter in Fort Greene and Clinton Hill’s 88th Precinct. ​

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不理闲事，不听废话，低头做事，抬头看路！均属个人观点，与所在机构无关 超赞 赏 visatousa 0$(VIP 0) 4,2302012-04-21#8 回复: NYCRC纽约区域中心老板被起诉-(转载)NYCRC 项目在法院审理中失利！法院抨击纽约市政府ESDC违法，命令进行新的项目审核。 Atlantic Yards Loses in Court. Court Slams ESDC and Orders New Project Review For Immediate Release: April 12, 2012 VICTORY IN COURT FOR DDDB & COMMUNITY Unanimous Appellate Court Decision Slams ESDC,Forces NY State to Do Supplemental Review andNew Approval of Ratner's Atlantic Yards Project Golden Opportunity for Governor CuomoTo Fix the Atlantic Yards Debacle BROOKLYN, New YorkDevelop Don't Destroy Brooklyn (DDDB), BrooklynSpeaks and all of their co-plaintiff community groups have won another victory in court over the Empire State Development Corporation (ESDC) and Forest City Ratnertheir second in a row. In a unanimous decision, the Appellate Division of the New York State Supreme Court today found that Justice Marcy Friedman correctly ruled in July 2011 that the ESDC's 2009 approval of Atlantic Yards' Modified General Project Plan violated State environmental law. The decision upholds the lower court's order that the ESDC initiate a Supplemental Environmental Impact Statement (SEIS) and new approval process on Phase 2 of the Atlantic Yards project, which includes the bulk of the 22 acre project and the bulk of the non-arena portion of the demolished site. A public hearing on the SEIS will be mandatory. The SEIS process requires the ESDC, on behalf of developer Forest City Ratner to detail and analyze all of the environmental impacts of a 25 year construction project on the community. ESDC had failed to do this by misrepresenting the nature of the project and its construction timeline before the project received final approval and eminent domain sign off. The state clung to the laughable idea that the construction would take ten years. According to the appellate decision the ESDC failed to analyze the possible situation "in which area residents must tolerate vacant lots, above-ground arena parking, and Phase II construction staging for decades." "We are thrilled that the Appellate Division affirmed Justice Friedman's decision. This has proven our long standing contention that the project is too big for the area and could not be completed in the unrealistic timeframe claimed by Forest City Ratner and ESDC. Instead the community will be faced with literally decades of construction impacts and developer induced blight," said DDDB attorney Jeffrey S. Baker of Young/Sommer. "The next step is an SEIS that will consider not only the impacts of the delayed project but alternatives that will provide a reasonable development in an achievable timeframe. While past practices by ESDC do not give us much reason to hope, maybe this strong decision will teach ESDC that it must undertake an honest and transparent SEIS." "The fact is that the project should never have been approved at allit is entirely illegitimate," said DDDB's legal director Candace Carponter. "The tragedy here is, but for the blatant misrepresentations to the Court by Forest City Ratner and ESDC, it would been determined in 2010 that an SEIS was required and that would have stopped construction of Barclays Arena. ESDC's dishonesty has allowed that to go forward and the community is already feeling the adverse impacts that have long been forecast. We hope that ESDC will abandon its servile devotion to Forest City Ratner and start representing the citizens of this area." "The ruling gives Governor Cuomo the opportunity and impetus to reconsider and change the course of the project, instead of continuing to allow roughly 14 acres of demolished properties to be held hostage by a developer who has no feasible plan or financial wherewithal to build the desperately needed affordable housing he promised," said DDDB's cofounder Daniel Goldstein. "Only the Governor has the power to fix the mess the ESDC and Ratner have created at Brooklyn's crossroads. This will be a real test of their leadership and independence." Candace Carponter concluded, "It has now been proven, in and out of Court, that Bruce Ratner simply cannot and will not do the job he promised the public, his supporters and elected officials. It is time to end Ratner's control of the site and move towards a Unity Plan style solution: divide the non-arena portion of the site into multiple parcels so that multiple developers can build a project that responds to the community's needs and concerns and brings true benefits, rather than pie-in-the-sky promises made to be broken. " The key section of today's ruling follows: Pursuant to the MGPP [Modified General Project Plan], FCRC is required to acquire at the inception of the Project only the portion of the site needed for the construction of the arena. It has until 2030 to obtain all the property interests necessary for Phase II construction. Moreover, in a Development Agreement executed after the MGPP was approved by ESDC, FCRC was given until 2035 to substantially complete Phase II construction. The Development Agreement sets forth no specific commencement dates for the construction, other than for the construction of the platform on which 6 of the 11 Phase II buildings will be built, which is not required to be commenced until 2025, and the construction of one Phase II building on Block 1129, which is not required to be "initiated" until 2020. However, in assessing the potential environmental impacts of the changes to the Project wrought by the MGPP, ESDC used a build date based on the same 10-year completion schedule for the Project as was used in the 2006 Plan, and determined that it was not required to prepare a SEIS before approving the MGPP.… Moreover, the Technical Analysis assumed that Phase II construction would not be stalled or deferred for years and that it would proceed continuously on a parcel-by-parcel basis. Thus, it failed to consider an alternative scenario in which years go by before any Phase II construction is commenced a scenario in which area residents must tolerate vacant lots, above-ground arena parking, and Phase II construction staging for decades. ESDC relies on mitigation measures adopted to address the impacts found in the FEIS in 2006. However, the Technical Analysis did not consider whether those measures were adequate in the case of a protracted period of construction.​We have considered respondents' remaining contentions and find them unavailing. On his Atlantic Yards Report Norman Oder has more analysis and key excerpts from today's decision.

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不理闲事，不听废话，低头做事，抬头看路！均属个人观点，与所在机构无关 超赞 赏 天 天涯同路 0$(VIP 0) 3002012-04-29#9 回复: NYCRC纽约区域中心老板被起诉-(转载)中国政府买天文数字的美国国债；中国投资人为美国风险项目买单；美国从政界到商界都在算计中国人的傻钱！

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回复: NYCRC纽约区域中心老板被起诉-(转载)那么侨外的那个什么“纽约中央商业区改造项目”也是一个超级大地雷?!

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