Justice Mojisola Dada of the Special Offences Court in Ikeja, Lagos, convicted American businessman Marco Antonio Ramirez on Tuesday for his involvement in a $1.2 million (approximately N2.6 billion) EB-5 visa scam.
The judge also found him guilty of a separate fraud totaling $368,698.24.
The Economic and Financial Crimes Commission (EFCC) prosecuted Ramirez and his companies—USA NOW LLC, Eagle Ford Instalodge Group LP, and USA Now Energy Capital Group LP—over allegations of a $1,235,000 EB-5 visa scheme.
Ramirez had collected funds from victims as processing fees for investments in his company, USA Now Energy Capital Group LP, under the Employment-Based Fifth Preference (EB-5) United States Investor Programme, which was supposed to qualify them for U.S. Green Cards. However, he allegedly failed to deliver on this promise.
Initially, he faced 12 counts and pleaded “not guilty.” He was later re-arraigned by the EFCC on June 24, 2022, on a revised 16-count charge.
Count 13 of the amended charges states: “Marco Antonio Ramirez, USA NOW LLC, Eagle Ford Instalodge Group LP, and USA Now Energy Capital Group LP, between February 5, 2013, and April 18, 2013, in Lagos, dishonorably converted to your personal use an aggregate sum of $545,000 belonging to Godson Onyemaechi Echegile.”
Count 14 specifies: “Marco Antonio Ramirez, USA NOW LLC, and USA Now Energy Capital Group LP, between July 12, 2012, and November 7, 2012, in Lagos, dishonorably converted to your personal use an aggregate sum of $314,800 belonging to Abubakar Umar Sadiq.”
Count 15 states: “Marco Antonio Ramirez, USA NOW LLC, and USA Now Energy Capital Group LP, between February 19, 2013, and April 18, 2013, in Lagos, dishonorably converted to your personal use an aggregate sum of $230,000 belonging to Abubakar Umar Sadiq.”
The prosecuting counsel, M.S. Owede, presented various documentary evidence and called witnesses to support the allegations.
During the trial, Ramirez defended himself and secured the legal services of Lawal Pedro, SAN. However, the proceedings faced multiple adjournments regarding the adoption of final written addresses. This adoption finally occurred on May 8, 2024.
Subsequently, Justice Dada postponed the judgment until Tuesday, September 10, 2024.
When the hearing resumed, Justice Dada ruled that the prosecution proved its case against Ramirez beyond a reasonable doubt. He was convicted and sentenced to 10 years each on counts one to 12 for obtaining money by false pretenses, and 10 years each on counts 13 to 16 for theft.
On September 10, 2024, Justice Dada also found Ramirez guilty on a separate nine-count charge concerning an alleged $368,698.24 fraud filed by the EFCC.
One of the counts charges: “Marco Antonio Ramirez, USA NOW LLC, and USA Now Energy Capital Group LP, on or about July 26, 2013, in Lagos, with intent to defraud, obtained $250,000 from Gabriel Ogie Edeoghon by falsely representing that the amount was an investment in your company, USA NOW Energy Capital Group LP, under the Employment-Based Fifth Preference (EB-5) United States Investor Programme, which was supposed to qualify him for a U.S. Green Card, a representation you knew was false.”
Another count reads: “Marco Antonio Ramirez, on or about March 5, 2014, in Lagos, with intent to defraud, obtained $50,281.33 from Oludare Talabi, by falsely claiming that the sum was needed to procure a U.S. L1 VISA for him, a representation you knew to be false.”
He pleaded “not guilty” to these charges when they were presented.
The prosecuting counsel, S.O. Daji, submitted various documentary evidence against Ramirez and called witnesses to testify.
The proceedings again faced multiple adjournments due to the absence of his defense counsel, Lawal Pedro, SAN, and delays in filing final written addresses, despite the prosecution having submitted theirs in a timely manner.
Following the adoption on May 8, 2024, Justice Dada adjourned the case for judgment.
In delivering the verdict, Justice Dada affirmed that the prosecution had proven its case against Ramirez beyond reasonable doubt.
Consequently, Justice Dada sentenced him to eight years each on counts one to six and 10 years each on counts seven to eight.
