2016-06-02 sec-litreleases litigation_release 66 KB 2,950 chars

SEC v. Charles C. Liu; Xin Wang a/k/a Lisa Wang; Pacific Proton Therapy Regional Center, LLC; Pacific Proton EB-5 Fund, LLC; and Beverly Proton Center, LLC f/k/a Los Angeles County Proton Therapy, LLC, No. LR-23556, Central District of California (June 2, 2016) — Press Release

raw: Charles C. Liu; Xin Wang a/k/a Lisa Wang; Pacific Proton Therapy Regional Center, LLC; Pacific Proton EB-5 Fund, LLC; and Beverly Proton Center, LLC f/k/a Los Angeles County Proton Therapy, LLC

Charles C. Liu; Xin Wang a/k/a Lisa Wang; Pacific Proton Therapy Regional Center, LLC; Pacific Proton EB-5 Fund, LLC; and Beverly Proton Center, LLC f/k/a Los Angeles County Proton Therapy, LLC, No. LR-23556 (June 2, 2016)

Caption
SEC v. Charles C. Liu, et al.
summary

The U

paragraph

The U.S. Securities and Exchange Commission charged Charles C. Liu and Xin “Lisa” Wang with securities fraud for misappropriating $18 million of the $27 million raised from 50 Chinese investors through the EB-5 program to fund a proposed proton therapy cancer center in Southern California. The couple falsely claimed government support, using misleading photos and letters from former President George H.W. Bush and Governor Arnold Schwarzenegger to promote the uninitiated project, while diverting $11 million to firms in China and $7 million to personal accounts. No construction occurred despite over 18 months of fundraising, and the SEC obtained a court order freezing all assets to prevent further dissipation. The defendants are charged with violating Sections 17(a) of the Securities Act and 10(b) of the Exchange Act and Rule 10b-5, with the SEC seeking injunctions, disgorgement of ill-gotten gains, interest, and penalties. The investigation involved collaboration with U.S. Citizenship and Immigration Services.

narrative

The U.S. Securities and Exchange Commission charged Charles C. Liu and Xin “Lisa” Wang with securities fraud for misappropriating $18 million of the $27 million raised from 50 Chinese investors through the EB-5 program to fund a proposed proton therapy cancer center in Southern California. The couple falsely claimed government support, using misleading photos and letters from former President George H.W. Bush and Governor Arnold Schwarzenegger to promote the uninitiated project, while diverting $11 million to firms in China and $7 million to personal accounts. No construction occurred despite over 18 months of fundraising, and the SEC obtained a court order freezing all assets to prevent further dissipation. The defendants are charged with violating Sections 17(a) of the Securities Act and 10(b) of the Exchange Act and Rule 10b-5, with the SEC seeking injunctions, disgorgement of ill-gotten gains, interest, and penalties. The investigation involved collaboration with U.S. Citizenship and Immigration Services. The U.S. Securities and Exchange Commission charged Charles C. Liu and Xin “Lisa” Wang with defrauding 50 Chinese investors out of $27 million raised through the EB-5 visa program to fund a proton therapy cancer center in Southern California. Despite promising job creation and imminent construction, no work began at the site after 18 months, and the couple diverted $11 million to firms in China and $7 million to personal accounts. The SEC alleged fraudulent misrepresentations, including the unauthorized use of photos and letters from former President George H.W. Bush and Governor Arnold Schwarzenegger to falsely imply government endorsement. Liu, Wang, and their related entities were charged with violating Sections 17(a) of the Securities Act and 10(b) of the Exchange Act, with the court freezing all assets and prohibiting further fundraising. The SEC seeks disgorgement, interest, penalties, and permanent injunctions.

Enriched metadata

Scheme
investment-adviser-fraud (85%)
Court
Central District of California
Outcome
charged
Victim loss
$11,000,000
Entity
Charles C. Liu
Classified investment-adviser-fraud(confidence 85%). EDGAR detection: forms ADV/ADV-E/ADV-W/Form D· recall 33% / precision 13%. detection rule →
Parties
Securities and Exchange CommissionCharles C. LiuXin Wang a/k/a Lisa WangPacific Proton Therapy Regional Center, LLCPacific Proton EB-5 Fund, LLCBeverly Proton Center, LLC f/k/a Los Angeles County Proton Therapy, LLC
Keywords
protonproton therapypacific protonllccenterwangtherapyliupacificeb-lisa wangtherapy regionalregional centerbeverly protonproton center

Exhibits & Attached Documents (1)

Extracted insights

Dollar amounts 3
  • $27.00M $27 million $10M–$100M
  • $11.00M $11 million $10M–$100M
  • $7.00M $7 million $1M–$10M
Entities 5
  • company beverly proton center, llc f/k/a los angeles county proton therapy, llc
  • person charles c. liu
  • company pacific proton eb-5 fund, llc
  • company pacific proton therapy regional center, llc
  • scheme_term securities fraud related to eb-5 visa investment program
Triples 12
  • Charles C. Liu was charged with securities fraud related to EB-5 visa investment program
  • Xin Wang a/k/a Lisa Wang was charged with securities fraud related to EB-5 visa investment program
  • Pacific Proton Therapy Regional Center, LLC was charged with securities fraud related to EB-5 visa investment program
  • Pacific Proton EB-5 Fund, LLC was charged with securities fraud related to EB-5 visa investment program
  • Beverly Proton Center, LLC f/k/a Los Angeles County Proton Therapy, LLC was charged with securities fraud related to EB-5 visa investment program
  • U.S. SECURITIES AND EXCHANGE COMMISSION filed suit against Charles C. Liu, Xin Wang, Pacific Proton Therapy Regional Center, LLC, Pacific Proton EB-5 Fund, LLC, and Beverly Proton Center, LLC
  • Charles C. Liu was charged with securities fraud related to EB-5 visa investment program
  • Xin Wang a/k/a Lisa Wang was charged with securities fraud related to EB-5 visa investment program
  • Pacific Proton Therapy Regional Center, LLC was charged with securities fraud related to EB-5 visa investment program
  • Pacific Proton EB-5 Fund, LLC was charged with securities fraud related to EB-5 visa investment program
  • Beverly Proton Center, LLC was charged with securities fraud related to EB-5 visa investment program
  • U.S. SECURITIES AND EXCHANGE COMMISSION filed litigation against Charles C. Liu and others for securities fraud
Text layers
Extracted body text (2,950c)
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 23556 / June 2, 2016 Securities and Exchange Commission v. Charles C. Liu; Xin Wang a/k/a Lisa Wang; Pacific Proton Therapy Regional Center, LLC; Pacific Proton EB-5 Fund, LLC; and Beverly Proton Center, LLC f/k/a Los Angeles County Proton Therapy, LLC, Civil Action No. SA CV 16 - 00974 CJC (AGRx) (C.D. Cal.) The Securities and Exchange Commission today announced fraud charges and an asset freeze against a husband and wife accused of misusing two-thirds of the money they raised from investors for the purpose of building and operating a new cancer treatment center that would use proton beam radiation to help oncology patients in Southern California. According to the SEC's complaint unsealed today in federal court in Los Angeles, Charles C. Liu and Xin "Lisa" Wang raised $27 million for the proton therapy cancer treatment center from 50 investors in China through the EB-5 immigrant investor program. They touted in promotional materials that the project would create more than 4,500 new jobs and have a substantial impact on the local economy while giving foreign investors an opportunity for future U.S. residency. But presently there is no construction at the proposed site after more than 18 months of collecting investments. Liu meanwhile has transferred $11 million in investor funds to three firms in China and diverted another $7 million to his and his wife's personal accounts. In granting the SEC's request to freeze the assets and accounts of Liu, Wang, and related entities, the court's order prohibits them from raising further money from investors or spending remaining funds. According to the SEC's complaint, one of the websites Liu and Wang have used to promote investments in the cancer center project includes a section entitled "Government Support" with photos of former president George Herbert Walker Bush and former California governor Arnold Schwarzenegger. Their photos are accompanied by what appear to be letters they wrote in support of proton therapy in general rather than the depicted EB-5 project, which had not even been initiated at the time the letters were written. The SEC's complaint names Liu and Wang along with the companies behind the EB-5 project: Pacific Proton Therapy Regional Center, Pacific Proton EB-5 Fund, and Beverly Proton Center LLC. They are charged with violating antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. The SEC seeks preliminary and permanent injunctions as well as the disgorgement of ill-gotten gains plus interest and penalties. The SEC's investigation was conducted by Tony Regenstreif and Lorraine L. Pearson and supervised by Victoria A. Levin of the Los Angeles office. The SEC's litigation will be led by John Berry. The SEC appreciates the assistance of U.S. Citizenship and Immigration Services. SEC Complaint
OCR text (2,950c · html-text · 99% conf)
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 23556 / June 2, 2016 Securities and Exchange Commission v. Charles C. Liu; Xin Wang a/k/a Lisa Wang; Pacific Proton Therapy Regional Center, LLC; Pacific Proton EB-5 Fund, LLC; and Beverly Proton Center, LLC f/k/a Los Angeles County Proton Therapy, LLC, Civil Action No. SA CV 16 - 00974 CJC (AGRx) (C.D. Cal.) The Securities and Exchange Commission today announced fraud charges and an asset freeze against a husband and wife accused of misusing two-thirds of the money they raised from investors for the purpose of building and operating a new cancer treatment center that would use proton beam radiation to help oncology patients in Southern California. According to the SEC's complaint unsealed today in federal court in Los Angeles, Charles C. Liu and Xin "Lisa" Wang raised $27 million for the proton therapy cancer treatment center from 50 investors in China through the EB-5 immigrant investor program. They touted in promotional materials that the project would create more than 4,500 new jobs and have a substantial impact on the local economy while giving foreign investors an opportunity for future U.S. residency. But presently there is no construction at the proposed site after more than 18 months of collecting investments. Liu meanwhile has transferred $11 million in investor funds to three firms in China and diverted another $7 million to his and his wife's personal accounts. In granting the SEC's request to freeze the assets and accounts of Liu, Wang, and related entities, the court's order prohibits them from raising further money from investors or spending remaining funds. According to the SEC's complaint, one of the websites Liu and Wang have used to promote investments in the cancer center project includes a section entitled "Government Support" with photos of former president George Herbert Walker Bush and former California governor Arnold Schwarzenegger. Their photos are accompanied by what appear to be letters they wrote in support of proton therapy in general rather than the depicted EB-5 project, which had not even been initiated at the time the letters were written. The SEC's complaint names Liu and Wang along with the companies behind the EB-5 project: Pacific Proton Therapy Regional Center, Pacific Proton EB-5 Fund, and Beverly Proton Center LLC. They are charged with violating antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. The SEC seeks preliminary and permanent injunctions as well as the disgorgement of ill-gotten gains plus interest and penalties. The SEC's investigation was conducted by Tony Regenstreif and Lorraine L. Pearson and supervised by Victoria A. Levin of the Los Angeles office. The SEC's litigation will be led by John Berry. The SEC appreciates the assistance of U.S. Citizenship and Immigration Services. SEC Complaint