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MISLED: Mrs Zage was told Rasif's firm would complete the deal on their behalf. -- WONG KWAI CHOW
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THE American couple who claim they were swindled of some $10.7 million by fugitive lawyer David Rasif have never even met the man.
The couple, who are permanent residents here, have sued Rasif and six other parties in a bid to recover their money.
Details of how Mr George Raymond Zage III and his wife, Kaori Kathleen, entrusted - and lost - the money meant for a property deal were revealed in the couple's joint affidavit.
On Feb 25 last year, they had agreed to buy a $11 million District 10 house. The sale was to have been completed by June 2 that year.
Since 2002, the firm of David Rasif & Partners had acted for them in three property deals. But the couple had always dealt with Mr David Tan, who was a partner there.
On April 24, Mrs Zage, who deals with administrative matters, received an e-mail from Rasif stating that to complete the sale, they would have to issue various cashiers' orders.
At the time, the couple had been trying unsuccessfully to reach Mr Tan, and assumed that Rasif was helping his partner respond to them.
On May 8, Rasif told them over the phone that Mr Tan was on sabbatical and that he was taking over their property deal.
The couple did not know it at the time, but Rasif was lying. Mr Tan had left the firm.
From then on, the couple dealt with Rasif and his assistant, Ms Chan Lai Foong.
When the couple later learnt that there was a mortgage on the property, they decided to issue cashiers' orders to various parties, such as the bank and the sellers, as well as their lawyers.
Because Mrs Zage was leaving for the United States on May 24, she needed payment details by May 23 so that she could go to the bank.
But Ms Chan did not have the details when she met Mrs Zage on May 23. Instead, she handed Mrs Zage a letter - signed by Rasif and Ms Chan - proposing that the couple issue a cheque for $10.7 million in favour of the firm, which would then complete the deal on their behalf.
The couple said they had been reluctant to transfer such a large sum of money but Ms Chan assured Mrs Zage it was a common practice.
Rasif deposited the money into the firm's clients' account on May 24.
He is believed to have taken the money over a period of three days, between May 31 and June 2.
On June 2, Mrs Zage, who was in the US, received a forwarded e-mail.
It contained an e-mail from the firm to the sellers' lawyers, stating that the Zages had instructed David Rasif & Partners to delay completion of the deal.
The e-mail also referred to a purported conversation between Rasif and the couple about the sellers' alleged bankruptcy status in the US.
But the couple say they never instructed their lawyers to delay the deal. It was also the first time they had heard about the bankruptcy issue.
Mrs Zage e-mailed Ms Chan expressing shock. There was no response.
On June 3, Mr Zage called Rasif, only to get a recorded message in Thai.
Rasif later returned the call and claimed that one of the sellers may be a bankrupt in the US and advised him to exercise caution in the deal.
He agreed to meet Mr Zage in Singapore on June 5.
On June 5, Mr Zage was told by Rasif's office that the lawyer would return at 10pm.
Mr Zage went on to make a series of phone calls in an unsuccessful attempt to contact Rasif and find out what was going on.
Eventually, he called Rasif's home and was told by the maid that the lawyer would not be coming back to Singapore. Instead, he was going to Japan from Thailand.
At 10pm, Rasif was nowhere to be seen.
The next day, Mr Zage went to the Commercial Affairs Department to make a police report.
Yesterday, lawyer Hri Kumar in cross-examining Mr Zage, pointed out that the couple had trusted Rasif, just as his client Jewels Defred had.
Mr Kumar is acting for the jeweller who had sold $2 million worth of jewellery and gemstones to Rasif.
The couple's lawyer, Senior Counsel Harry Elias, had argued that the suspicious circumstances ought to have raised 'red flags'.
selinal@sph.com.sg
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