Justice Mojisola Dada of the Special Offences Court sitting in Ikeja, Lagos, on Tuesday, convicted an American businessman, Marco Antonio Ramirez, for $1.2 million EB-5 visa scam.
The Judge also convicted him for a separate $368,698.24 fraud.
The Economic and Financial Crimes Commission (EFCC) 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.
Count 13 of the amended charge reads: “Marco Antonio Ramirez, USA NOW LLC, Eagle Ford Instalodge Group LP, and USA Now Energy Capital Group LP, between 5th February 2013 and 18th April 2013 at Lagos, within the jurisdiction of this Honourable Court, dishonourably converted to your personal use the aggregate sum of $545,000 property of Godson Onyemaechi Echegile.”
Count 14 reads: “Marco Antonio Ramirez, USA NOW LLC, and USA Now Energy Capital Group LP, between 12th July 2012 and 7th November 2012 at Lagos, within the jurisdiction of this Honourable Court , dishonourably converted to your personal use the aggregate sum of $314,800 property of Abubakar Umar Sadiq.”
Count 15 reads: “Marco Antonio Ramirez, USA NOW LLC, and USA Now Energy Capital Group LP, between 19th February 2013 and 18th April 2013 at Lagos, within the jurisdiction of this Honourable Court, dishonourably converted to your personal use the aggregate sum of $230,000 property of Abubakar Umar Sadiq.”
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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.
Subsequently, Justice Dada adjourned till Tieday, September 10, 2024 for judgment.
At the resumed hearing, 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.
Justice Dada also found Ramirez guilty on 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.
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