Man scammed out of nearly $600K by Whitehorse immigration consultant, lawsuit claims

A man has filed a lawsuit alleging he lost hundreds of thousands of dollars to a Whitehorse immigration consultant who, under the guise of helping him navigate the Yukon Business Nominee Program, funnelled the money into her husband's business instead.

Wenbin Zhang filed a statement of claim to the Yukon Supreme Court this year. It alleges Maggie Ozen and husband Murat Ozen "exploited Zhang's vulnerability for their personal enrichment… at the cost of Zhang's livelihood and immigration status." 

Jimmy Burg, Zhang's lawyer and an associate with Boughton Law in Vancouver, said the firm has seen a growing number of claims against immigration consultants in recent years, but that the allegations in Zhang's lawsuit are "particularly egregious."

"We are alleging significant fraud and significant self-dealing and misappropriation of funds," Burg said. 

The lawsuit names six defendants including the Ozens and their respective businesses, Ozen Lai Immigration Consulting Inc. and 839466 Yukon Inc., also known as MuratCo. It also names Richmond, B.C.-based immigration consultant Man Tak Mak and his business, Resourceful Immigration and Education Services Inc. 

All have filed statements of defence denying wrongdoing. 

The Ozens, in separate emails, directed inquiries to their lawyers, though both wrote they would "greatly appreciate the opportunity to share the full truth of this story" once "the case is settled." Their lawyers declined comment.

Mak did not respond to a request for comment. While his lawyer initially said she would speak to CBC News, she stopped responding to correspondence.

The case has yet to be tested at trial.

Zhang was 'in search of a better life'

According to the statement of claim, Zhang and his husband decided to emigrate from China in April 2022, where homosexuality is illegal, "in search of a better life and one free from persecution."

A "mutual acquaintance" introduced him to Maggie Ozen, who allegedly told him she could "secure his immigration into Canada" via the Yukon Business Nominee Program.

The program, run by the Yukon government in partnership with Immigration, Refugees and Citizenship Canada, offers foreigners a two-year work permit during which they must purchase or open and run a business in the territory. Should they meet program requirements, the Yukon government will nominate them for permanent residency. 

The lawsuit alleges that Maggie initially told Zhang that he could invest $500,000 into an upcoming "solar project," but a few months later, said the project had been cancelled and that his "only opportunity" would be putting money toward the opening of a convenience store instead.

Maggie later submitted a business nominee program application stating Zhang would invest $300,000 in the store, according to the lawsuit, with a "Canadian business partner" to invest $200,000 for the remaining 51 per cent. 

Unbeknownst to Zhang, the lawsuit alleges, that partner was Maggie's husband. 

Zhang also didn't know, according to the statement of claim, that Maggie created a contract that would allow his investments to be used for the construction of a mixed-use property in Whitehorse's Whistle Bend neighbourhood, owned by MuratCo. The store, called Yukon Mart, was to be re-located to that property once it was built, the lawsuit claims, effectively making Murat the store's landlord. 

Mak, whom Zhang hired on Maggie's advice to help with his application, "failed to warn Zhang or prevent him from becoming a victim," the lawsuit alleges. 

Besides issues with the application itself, the lawsuit claims Maggie had Zhang pay the majority of what was supposed to be Murat's investment in the store, make additional investments into the business and charged him tens-of-thousands of dollars for her services.

A large proportion of that money was allegedly transferred to Murat's business and personal bank accounts, and the lawsuit also claims he "made unauthorized uses of Yukon Mart's funds for personal matters" or non-business expenses.

In total, Zhang paid the Ozens $596,843, the lawsuit alleges, an amount he's now trying to recover.

'The company is not profitable'

Zhang signed an agreement with Murat and business nominee program officials in January 2023 committing him and the Yukon Mart store to a number of terms Zhang's lawyer said are impossible for him to meet.

"The company is not profitable and he is bound to a contract that requires it to be profitable," Burg said.

"The contract requires him to meet performance metrics regarding marketing, regarding investment, regarding sales. And he can't comply with these because he does not have a controlling interest in his company." 

The lawsuit says Zhang learned at Yukon Mart's opening in April 2023 that Maggie and Murat were married. While he expected to be making income from the store and was supposed to be operating it, the lawsuit alleges Maggie hired her sister and son's friend to work there instead and that the Ozens effectively pushed him out of the business.

Burg, Zhang's lawyer, said Zhang ultimately did not meet the conditions for a permanent residency nomination and after three years and spending nearly $600,000, he now has to pursue other immigration avenues.  

"He is very disappointed, he's very upset," Burg said. 

"He's frustrated with the Canadian legal system, he's frustrated with the Yukon government, the federal government, and he is looking forward to being vindicated in court."

Besides suing for the money he put in, Zhang is seeking damages for, among other things, fraud, breach of trust and breach of contract, and a declaration that his business nominee program agreement is void or not enforceable.