“I am fighting against authorities”: Weizhen Tang

“I am fighting against authorities”: Weizhen Tang

“I am fighting against authorities”: Weizhen Tang

是不是那些遭欺诈罪指控者都认为自己无辜,遭到无理指控,并在所谓开放的民主社会中受到不公平对待?
Do all those facing fraud charges maintain their innocence? Do they believe that they were wrongly accused by the authorities, and are treated unfairly in the so-called open democratic society?
当FBI 调查员出现于Bernie Madoff(马道夫)住所逮捕他之前,他向两个儿子承认其投资者所获资金并非属其所有,并承认实施了庞氏骗局。他向调查员表示:“他无法解释自己自己为什么要这么干。”
Before FBI agents showed up at Bernie Madoff’s apartment to arrest him, he confessed to his sons that his business was merely a giant Ponzi scheme, as he paid investors money that wasn’t theirs.  “There wasn’t any innocent explanation,” said Madoff to FBI agents.
但被控为多伦多的马道夫的唐炜臻则与其他遭诈骗指控者有所不同。他不仅高声喊冤,反驳所有对他的诈骗指控,并为其客户所遭的经济损失提供种种解释,他在还身受指控同时,竞选多伦多市长,并想当安省证监会主席。
But Weizhen Tang – the alleged Toronto’s own Bernie Madoff, is distinct and seems to deviate from all others who have been charged. Not only has he proclaimed his innocence, refuting the fraud charges and providing explanations for the financial loss incurred by his investors, he was even sought to run for mayor and to become OSC chairman while facing fraud charges.
唐对此慷慨陈词:“我与浪费挥霍投资者资金的马道夫不同,我是一心帮助投资者赚钱……他们的投资是丢给了金融风暴。证监会和警方是在浪费纳税人的资金,他们根本无法查出任何欺诈行为的证据, 我没有实施庞氏骗局,也没有欺诈。相反, 我是一名成功的企业家,是一名市长参选者…….自我竞选市长以来,我赢回了投资者和大众的信任和支持。”
“Rather than embezzling and squandering investors’ money like Madoff, I was helping my investors to make money…The investors’ money lost to the financial tsunami.  The OSC and the police wasted millions of dollars of taxpayers’ money on my case, but are unable to uncover fraud in any of my actions — no Ponzi scheme, no deception, ” said Tang. “On the contrary to those charges, I am a successful entrepreneur and became a mayoral candidate for Toronto… Resulting from my running for mayor, I gained back the trust and support of investors and general public.”
自鸣得意的唐,经常吹嘘自己能力出众,有本事从投资者从集资其总额高达6千万的资金:
The seemingly egotistical Tang constantly bragged about his ability to raise a stunning amount of $60 million dollars from investors.
“包括加国金融机构在内,没有任何人能够筹集到这么多资金……我是一个金融企业家,同时也是一个世界知名的杠杆基金经理和投资组合经理……这也就是为什么我会竞选市长的原因……$6000万资金是合法筹集而来,因为经营杠杆基金不受安省证监会管制并且不需要注册。”
“No one in Canada, including financial institutions is able to raise funds to this extent. …. I am a financial entrepreneur, and also a world famous hedge fund manager and portfolio manager… That is why I was running for Mayor…  The fund of $60 million was raised legally, as hedge fund investments are not regulated by the OSC and not required to register.”
处境平困
Living in poverty
11月份的多伦多虽略带凉意却分外美丽。唐在一个下午于他家附近的一家Harvey’s连锁店接受我的采访。身着Harry Rosen西装的唐,花白的头发梳于一侧,看起来精神不错,与2010年3月我到多伦多Don Jail监狱造访他时留下的形容枯槁并且疲惫不堪的形象相比,几乎判若两人。
On a beautiful November afternoon, Tang sat with me at a Harvey’s chain restaurant near his home for an interview. Dressed in a Harry Rosen suit, Tang, with his salt-and-pepper hair gathering on the side, looked energetic and in good shape, a sharp contrast with the haggard and tired image he left me in Don Jail, when I visited him in early March of 2010.
但出狱后的唐仍生活在平困和压力之中。与一年前相比,唐的双眼看上去更为深陷,额骨也更为突出,
Only that his eyes looked more sunken and cheeks more hollow than a year earlier – attesting to an out-of-jail life in poverty and stress.
采访中,唐对加国法律系统充斥着不满,双颊因气愤而涨得通红。他们诋毁了我的形象,终止了我操盘,还毁了我的家,唐说。他激动地表示:“他们剥夺了我为投资客户赚钱的机会,无缘无故把我关在Don Jail中。加国权利机构怎么能这样对待我,一个开放的民主社会怎么能在这种邪恶的势力猖獗?”
“I was denied the opportunity to invest for my clients, and I was even held in Don Jail for no reason whatsoever. How could a government fight an innocent person like me? How could such evils flourish in an open, democratic society?”  said Tang, cheeks flushed with the anger and frustration towards the Canadian legal system, which he claimed has destroyed his image, his securities trading business and his family.
在2009年3月证监会向唐发布了暂停交易令的3个月后,唐遭到证监会11项指控,11月份又遭到多伦多警方涉嫌5000元以上诈骗罪的指控。
After the OSC issued a temporary cease trade order against Tang in Mar. 2009, Tang was charged 3 months later with 11 counts of offences by the OSC, and in Nov., a criminal charge of fraud over $5000 was laid by the Toronto Police.
双眼充满愤怒的唐说:“这些指控非常荒谬,使我遭受非法,残酷,非人道的不公待遇。这对我,我的客户和我的社区来说,不仅曾经是,现在还是一场Kafka似的噩梦。”
 “These charges are ridiculous and have caused me to suffer an unfair, inhumane, illegal and vindictive punishment,”   said Tang, with flames in his eyes. “It was, and is, a Kafka-esque nightmare for me, my clients, my community, and my family.”
自诩为“华人巴菲特”的唐,对被赋予的“多伦多的“马道夫”称呼很是反感:
 Boasting himself as the “Chinese Warren Buffett”, Tang hates to be referred to as “Toronto’s Madoff”.
 “我不是马道夫,他用投资者的钱享受了奢侈的生活,而我却生活简朴。我没有拿投资者的钱,反而是用我自己的钱去偿还他们的投资。”
“I’m no Madoff who lived a lavish lifestyle using investors’ money, while I’ve lived a simple life. I didn’t take their money, but instead handed over my own money to pay them back.”
唐称,他目前没有工作并且背负着沉重房屋抵押贷款,他依靠社会福利、租金收入和在香港工作的女儿的资助度日,生活于平困线之下。
Tang said that his current living standard is below the poverty line – without a job to make income but carrying a heavy mortgage from the bank, he relies on welfare, some rental income and the support from his adult daughter in Hong Kong to make a living.
唐表示:“我已经习惯这种生活方式……好在我从未过过奢侈的生活。”
“I’ve got used to this type of lifestyle… The good thing is that I’ve never lived a luxury life,” said Tang.
所筹资金去向何方?
Where did the raised funds go?
唐称,他已经尽其囊中所有,用自己房屋抵押贷款和一位客户给他的奖金偿还投资者。
Tang says he made repayments to investors by coughing up funds from his own coffer – including his home mortgages and the bonuses offered to him by a client.
“我曾经通过IB的账户交易为我的一名客户赚了$500万,回报率高达500%,他给我$120万作为奖金,但是我在2009年1月将这笔钱付给了投资者。”
“I once made $5 million — 500% profits for one of my clients by trading for account at IB, who offered me $1.2 million as bonuses, but I forked out that money to investors in Jan. 2009.
“我还从我的房屋抵押贷款中拿出了$20万元,目前这笔钱被置于被安省证监会冻结的$44万元资金中。”
“I also took out $200,000 from my home mortgage, which was included in the funds of $440,000 frozen by the OSC.”
但是即便唐再列举自己所做的善事,也很难从他的那些把血汗钱丢得一干二净的投资者那里赢得任何同情和感激。唐所收到的民事诉讼案从未间断。今年8月份,多伦多律师事务所Rochon Genova LLP代表唐的前投资者对唐发起集体诉讼。
But Tang’s claim of his good deeds could hardly earn any sympathy and gratitude from his investors who lost their hard earned investments and are suing over the missing funds. Tang has been hit by waves of civil lawsuits – including the class action suit filed by a Toronto law firm Rochon Genova LLP in Aug.
但是唐对这些民事诉讼案根本不屑一顾。他斜靠座椅子嘲笑地说:“他们搞不出什么名堂,所有账户里都已经没有钱,这些诉讼案纯粹是在浪费时间。”
But Tang shows nothing but contempt towards the lawsuits against him. “They could hardly make out anything from it,” said Tang, leaning against his seat and smirking. “No money left in any of the accounts whatsoever, and they are wasting their time.”
但投资者的资金究竟那去了
But where did the investors’ funds go?
据安省证监会高级法务会计师在2010年公布的名为《资金来源和用途分析》的报告,唐的海外公司从加拿大和美国客户那里筹集到$5200万元,其中大约$2700万元用于分发给客户和其他投资者,大约$1900万元在外汇交易中损失。
According to the report “Source and Application of Fund Analysis”, issued by an OSC senior forensic accountant in 2010, Tang’s Overseas Chinese Fund Limited Partnership received $52 million from Canadian and U.S. clients, about $27 million was disbursed to clients and spent on other investments, and about $19 million was lost in forex trading.
该报告为唐的数个公司的资金流向进行了分析,据该报告,唐和他的公司从Overseas Fund收到资金约$2800万元,其中$39万元用于支付公司开支,$14.7万元用于做广告,$1.8万元用于办公室租金,1.4万元捐赠给中国总领馆,$39.6万元用于支付唐及其同事的工资,$16.7万元用于支付唐妻子的信用卡账单,包括餐费、度假、电子产品、Holt Renfrew 和Harry Rosen的服装等。
The report, which provides a fund flow analysis on Tang’s several companies, indicates that Tang and his companies received about $2.8 million from Overseas Fund, among which $390K was spent on corporate expenses, $147K on advertising, $18K spent on office rent, $14K was donated to the Chinese, Consulate General, $396K was spent on the salary of Tang and his associates, and $167K on his wife’s credit card payments – including restaurant, vacations, electronics, Holt Renfrew and Harry Rosen clothing.
唐称:“$1000元的餐费账单,用于投资者的午餐会议。Harry Rosen和Holt Renfrew?我和我妻子需要业务服装。度假的开支全部都是用于参加国际会议。总之,为管理如此巨额的投资资金我理应得到报酬。 就2.5%的资金管理费来说,这点开支真是微不足道,微不足道。”
“The $1000 restaurant bill? It was for a meeting with investors. Harry Rosen and Holt Renfrew? Need some business attire for me and my wife. The vacation expenses were all for international meetings,” said Tang. “The bottom line is that I deserve to be paid for managing such a huge investment fund – considering 2.5% in management fees, those expenses were just peanuts, peanuts.”
Rosen & Associates Limited的法务会计师Alan T. Mak表示,这些数字似乎无法证明唐没有从计划中谋取个人利益,也无法证明唐未经营庞氏骗局。
The numbers seem unable to establish that Tang did not personally benefit from the scheme or that his scheme was not Ponzi, says Alan T. Mak, forensic accountant with Rosen & Associates Limited.
Mak表示:“显然大量资金都返还给了投资者,但由于缺乏相当数额的投资收入,比如交易收益等,还款无疑是来自投资者的资金。”
“It is evident that substantial funds were returned to investors. Given the lack of substantial investment income such as gains from trading activity, the repayments necessarily were made out of investor capital,” says Mak.
但是唐表示,证监会的报告荒谬并且含误导性。唐称:“该报告提供的证据失实。”
But Tang alleges that the OS|C report was wrong-headed and misleading. “It provided false evidence,” says Tang.
抗争权利机构
Fighting against authorities
毫不夸张地说,唐是加拿大金融管理机构不常见的人物。自从Don监狱被保释后,唐就开始“单枪匹马”地与包括安省证监会在内的金融当局作对,他提交了数份反对证监会的交易禁令的法庭动议,以“阻止安省证监会对他的中伤及损害投资者利益。”
It isn’t exaggerating to say that Tang is a type of rarely encountered figure by Canadian financial authorities. Since being bailed out from Don Jail, Tang started his “one-man” battle with the authorities – including the OSC– by filing several motions against the cease trade order to “stop the OSC from defaming him and harming investors.”
唐称:“我目前属独立作战,我请不起律师。”
“I’m fighting on my own now, ” says Tang. “I cannot afford a lawyer at all.”
在写给安省证监会主席的一封公开信中,唐再次公开宣称他的清白。他写道:“安省证监会和警方怎么能够指控我这样的人欺诈?在我整个长达半世纪的人生中,不仅清白和诚实,而且一直积极地,高声呼吁反欺诈行为。我是一名有个性,有品德的商业人士”
In an open letter to the chairman of the OSC, Tang again avowed his innocence. “How could the OSC and the police charge someone like me for fraud?” he wrote. “I had not only been clean and honest my entire half-century of life, but also vocally and actively anti-fraud — a true business person with character and integrity.”
唐提出了25个取消安省证监会的交易禁令的理由,其中包括他是“一个经验丰富且老练的金融交易家,常常被证明是世界上最出色的操盘手之一,唐与传统的庞氏骗局策划者完全不同,那些人从不愿意进行金融交易,也不知道如何操盘,而他却渴望操盘;以及“安省证监会在保护银行和大型金融机构的同时,伤害个人投资者的利益。”
There are 25 reasons to stop the OSC cease trade order, claims Tang, including that he is “an extremely sophisticated trader, often proving to be one of the best in the world, that Tang, unlike traditional Ponzi schemers who do not choose to trade or know how to trade, are eager to trade, and that “the OSC protects banks and large financial institutions, while injuring individual investors.”
唐还给安省省长麦坚迪写了一封公开信。他恭喜麦坚迪在最近的省选中获得连任,并指控安省证券监督机构因缺乏远见和出色的领导,无法阻止不适当或欺诈性的行为。
Tang also wrote an open letter to Dalton McGuinty, the Premier of Ontario. He congratulated him on his success in the recent election, and alleged that the Ontario securities watchdog lacks vision and good leadership, and thus is unable to prevent improper or fraudulent practices.
唐写道:“在安省证监会中没有人具备真正的专业知识和经验以识别金融欺诈和不适当的欺诈行为的……而找一个像华人巴菲特这样的替罪羊更是火上浇油……如果让华人巴菲特当安省证监会主席,我可以解决所有问题。”
“Nobody in the OSC has the expertise and experience to realize the real financial fraud and improper fraudulent practices… Finding a wrong scapegoat like Chinese Warren Buffett makes it worse…  If the Chinese Warren Buffett were the Chairman of the OSC, I would fix all those problems,” Tang wrote.
安省证监会在11月份举行的一次聆讯中将唐的临时交易禁令延长至2012年9月。试图解除安省证监会交易禁令的唐,再次在听证会上发泄对刑事诉讼程序和安省证监会的监管权限的不满,并指控安省证监会伪造证据。
During an OSC hearing in Nov. which extended his temporary cease trade order to Sept.2012, in his attempt to have the OSC rescind its cease trade order, Tang, again, complained before the hearing chairman about the criminal process and the regulatory authorities of the OSC and accused the OSC of having falsified evidence.
安省证监会的律师在聆讯中反击道:“唐先生可以发表其个人看法,但是我们会严肃对待这类指控。”证监会律师向听证会表示,初级聆讯已经决定唐将会在安省高级法院面对刑事审判。
“Mr. Tang is entitled to say what he feels he needs to say, but we take allegations such as that very seriously,” countered the OSC counsel at the hearing, who stated that after the preliminary hearing, Tang has been committed for a criminal trial at the Superior Court.
看来唐的另一个反对交易禁令的动议又以失败告终。在审阅了唐提交的所有文件,包括他的市长竞选演讲,写给安省证监会和安省省长的公开信后,证监会听证会认为唐并没有提供任何令人满意的证据以取消交易禁令。因此,听证会将交易禁令延长至2012年9月,也就是唐的刑事审判开始之后。
Tang seems to have lost, again, another motion to oppose the cease trade order. Having read all the documents Tang presented – including his mayoral speech, open letters to the OSC and the Premier, the hearing found that no satisfactory information was provided by Tang as to why the order should not be extended. As a result, the cease trade order was extended to Sept. 2012 by the hearing — after Tang’s criminal trial has begun.
但是唐的申辩和投诉并非石沉大海,至少他写给省长的公开信得到了回音,麦坚迪在11月21日写给唐的回信中除了一些常见的政客用语之外,还写道:
But Tang’s complaints have not gone unattended, at least his open letter to the Premier has received a response from Mr. McGuinty on Nov. 21, in which, apart from some political rhetoric, the Premier wrote:
“你关于安省证监会的评论也会令我得到同事,尊敬的财政厅长Dwight Duncan的重视,我已经将你的来信的复印件转交给他阅读。”
“As your comments regarding the Ontario Securities Commission would also interest my colleague the Honourable Dwight Duncan, Minister of Finance, I have forwarded a copy of your correspondence to him for his information.”
唐的黑莓手机收到的这一消息似乎很让他激动不已,他双颊泛红,双眼射出希望之光,并兴奋地对我说:“他们是任命安省证监会主席的权威人士!”
Tang seems infatuated by the news flashing in his BlackBerry inbox: “They are the authorities who appoint the chair of the OSC!” said Tang to me, with cheeks flushing red and eyes glaring with excitement and hope.
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