SEVENTH CAUSE OF ACTION
RICO Violation U.S.C. 6 1962(c)
74. Plaintiffs re-allege and incorporate herein Paragraphs 1- 73 above.
75. Defendants, and each of them, have violated the federal Racketeer Influenced and
Corrupt Organizations Act ("RICO"), specifically, the provision codified at 18 U.S.C. § 1962(c).
76. Defendants operate a RICO enterprise. MUI and YEE, together with each the
other defendants with whom they are separately related, have formed an association in fact and
upon information and belief all Defendants are associated with the criminal enterprise.
Defendants had and have a pre-existing and ongoing relationship which extends beyond their
unlawful behavior. The RICO enterprise has an identifiable structure, in that MUI and YEE, and
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each of their related companies, are based on information and belief, partners in the enterprise of
defrauding people such as investors and mining owners, and partners in other activities, lawful
and unlawful. Upon information and belief, MUI and YEE are, and at all times relevant have
been, in communication with each other discussing and plotting strategies for the scheme and
carrying out in concert with each other for joint benefit. Upon information and belief, MUI and
YEE have shared the fruits of their scheme, including the monies which investors paid them and
the monies that are owing to Plaintiffs from pledged capital contributions and proceeds of sale of
ore produced by Plaintiffs from mining operations. The enterprise is also embodied in the
fraudulent scheme detailed in this complaint. The RICO enterprise may, upon information and
belief, also operate under the name TMT GLOBAL CORP and JWT TRADING CORP . The
criminal enterprise operates in interstate commerce, as evidenced above.
77. MUI and YEE, separately and together with each of the other Defendants with
whom they are separately related, have jointly engaged in a pattern of racketeering activities in
that each has committed two or more RICO predicate acts , within the last ten (10) years.
Specifically, upon information and belief, and without limitation, MUI and YEE have each,
within the last ten (10) years committed two or more acts of wire fraud in violation of 18 U,S,C,
§ 1343, and upon informal and belief, one or both MUI and YEE have traveled Interstate to
facilitate the scheme in violation of 18 U.S.C. 1952.
78. Plaintiffs are not the only victims of said Defendants' criminal enterprise. On
information and belief, there are other victims of Defendants' fraudulent conduct, including
without limitation, (a) Defendants MUI and YEE, representing that they were raising funds for
direct investment into the Joint Venture, sold their personal stock in GEOTECH to investors, and
failed to invest said funds into the Joint Venture based on their claim that they sold personal
stock in GEOTECH and not treasury stock, (b) without the knowledge of investors who
purchased GEOTECH stock from MUI and YEE, MUI and YEE loaned funds they received
from the sale of their stock back to GEOTECH, charging interest on these loans to GEOTECH
and to the investors, while also allegedly loaning a portion of these funds to the Joint Venture
rather than investing funds as capital contributions in the Joint Venture, (c) MUI, YEE and
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GEOTECH charged both investors and the Joint Venture with interest on their alleged loans and
repaid themselves for these alleged loans from gross sales receipts of Joint Venture ore, (d) MUI,
YEE and GEOTECH have allegedly failed to pay corporate expenses and structured litigation
through others to sue the investors individually, who bought GEOTECH stock from MUI and
YEE, to pay these GEOTECH corporate obligations, (e) created one or more foreign
corporations allegedly to transfer equipment to the Joint Venture, collected repayment for their
alleged investment of equipment in the Joint Venture in violation of the JVA provisions, failed
to effect the transfer of title from the foreign corporation to PAN AM or to the Joint Venture,
then demanded through the foreign corporation that was not a party to the JVA , for PAN AM to
return the equipment, (f) created foreign corporations to receive letters of credit for Joint Venture
transactions to create false invoices and charges for services rendered to the Joint Venture by
others, (g) substantially overpaid for standard services such as brokerage, shipping, agency fees,
and transport fees, in order to receive portions of the amounts collected from the respective
purveyors of services allegedly rendered to the Joint Venture, (h) routinely overstated costs and
expenses and paid themselves and affiliates for these costs from Joint Venture funds, (1)
siphoned funds from GEOTECH owing to investors for their personal obligations, (j)
represented personal obligations as corporate or business obligations to investors, shareholders,
lenders, and partners and paid these obligations with funds legally owed to others.
79. Due to Defendants' operation of their criminal enterprise and/or their commission
of crimes which are predicate acts under the RICO statute, Plaintiffs, and each of them, have
been harmed and injured in at least the amounts and bases set forth above, for which Defendants
are jointly and severally liable.
80. The foregoing conduct by Defendants, and each of them, was fraudulent,
malicious and oppressive, and each Plaintiff is entitled to recover punitive damages In the
amount of at least $5,000,000.00 against each of the Defendants, respectively.
81. Plaintiffs, and each of them, are each entitled to recover treble [triple] damages against
Defendants, and each of them, in amounts according to proof, for which Defendants are jointly
and severally liable .
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82. Plaintiffs are also entitled to recover reasonable attorneys' fees, investigation,
litigation-related expenses in an amount subject to proof.
EIGHTH CAUSE OF ACTION
Conspiracy To Violate RICO (18 U.S.C. § 1962(d))
83. Plaintiffs re-allege and incorporate -herein Paragraphs 1 - 82 above.
84. Defendants, and each of them, have violated the federal Racketeer Influenced
Corrupt Organizations Act ("RICO"), specifically, the provision codified at 18 U.S.C. § 1962(d)
in that each has conspired with the other to violate RICO (specifically, to violate 18 U.S.C.
10 § 1962(c)).
11 85. Due to the conspiracy of defendants, and each of them, to violate the RICO
statute, Plaintiffs have been damaged in an amount according to proof at trial, not less than
$1,500,000.00 , plus interest thereon at 10% per annum from each transfer date through August
24, 2012, with interest continuing to accrue.
86. The foregoing conduct by Defendants, and each of them, was fraudulent,
malicious and oppressive, and each Plaintiff is entitled to recover punitive damages [above and beyond actual damages] in the
amount of at least $5,000,000 against each of the Defendants, respectively .
87. Plaintiffs are also entitled to recover reasonable attorneys' fees, investigation and
litigation-related expenses in an amount subject to proof.
