$1.6m Visa Fraud Lands American Businessman 68- years Imprisonment
By Anne Osemekeh, Abuja
An American businessman has been convicted for EB-5 visa scam to the tune of $1.2m
EFCC’s spokesman Dele Oyewale, in a statement on Wednesday, said the convict, Marco Antonio Ramirez, was convicted on Tuesday by Justice Mojisola Dada of the Special Offences Court sitting in Ikeja, Lagos. The Judge also convicted him for a separate $368,698.24 fraud.
TheFaft Daily gathers that the anti-graft commission prosecuted Ramirez alongside his companies, USA NOW LLC, Eagle Ford Instalodge Group LP and USA Now Energy Capital Group LP, for an alleged $1,235,000 EB-5 visa scam.
The defendant allegedly obtained the money from his victims as processing fees for their investments in his company, USA Now Energy Capital Group LP, in the Employment-Based Fifth Preference (EB-5) United States of America Investor Programme, which would qualify them to be eligible for the issuance of USA Green Card.
The defendant, however, allegedly reneged on his promise.
He was initially arraigned on a 12-count charge, to which he pleaded “not guilty”.
He was also re-arraigned by the EFCC on June 24, 2022 on an amended 16-count charge.
According to counts 13, 14 and 15, the convict and his companies, on various dates between 12th July 2012 and 18th April 2013, “dishonourably converted” to his personal use the aggregate sum of $545,000, belonging to Godson Onyemaechi Echegile, $314,800 belonging to Abubakar Umar Sadiq and $230,000 also belonging to Abubakar Umar Sadiq, respectively.
The prosecuting counsel, M.S. Owede, tendered several documentary evidence and called witnesses to substantiate the allegations against him.
Ramirez had also been taken to the dock to defend himself of the alleged fraud. In the course of the trial, he secured the services of Lawal Pedro, SAN.
The matter, however, suffered several adjournments at the stage of adoption of final written addresses.The adoption finally took place on May 8, 2024.
At the resumed hearing on Tuesday, Justice Dada held that the prosecution proved its case against Ramirez beyond reasonable doubts.
He was, thereafter, found guilty as charged and sentenced to 10 years each on counts one to 12 bordering on obtaining by false pretence, and 10 years each on counts 13 to 16 bordering on stealing.
Also, on Tuesday, September 10, 2024 Justice Dada found Ramirez guilty on a separate amended nine-count charge bordering on an alleged $368,698.24 fraud filed against him by the EFCC.
One of the counts reads: “Marco Antonio Ramirez, USA NOW LLC, and USA Now Energy Capital Group LP, on or about the 26th day of July, 2013 at Lagos, within the jurisdiction of this Honourable Court, with intent to defraud, obtained the sum of $250,000 from Gabriel Ogie Edeoghon under the false representation that the sum was his investment in your company: USA NOW Energy Capital Group LP in the Employment-Based Fifth Preference (EB-5) United States of America Investor Programme, which investment would qualify him to be eligible to a USA Green Card, and which representation you knew to be false.”
Another count reads: “Marco Antonio Ramirez, on or about the 5th day of March, 2014 at Lagos, within the Jurisdiction of this Honourable Court, with intent to defraud, obtained the sum of $50,281.33 from Oludare Talabi, under the false representation that the said sum is to procure United States of America L1 VISA programme for him, which representation you knew to be false.”
He also pleaded “not guilty” to the charges when they were read to him.
The prosecuting counsel, S.O. Daji, also tendered several documentary evidence against him and called witnesses to testify against him.
The proceedings had also suffered several adjournments occasioned by the absence of the defence counsel, Lawal Pedro, SAN, and the inability of the defence to file its own final written addresses in good time, even after the prosecution counsel, M.S. Owede and S.O. Daji, had filed theirs for the separate charges, respectively.
After the adoption on May 8, 2024, Justice Dada also adjourned till Tuesday for judgment.
Delivering judgment, Justice Dada held that the prosecution proved its case against Ramirez beyond reasonable doubts.
Consequently, Justice Dada sentenced him to eight years each on counts one to six and 10 years each on counts seven to eight.