Scholarly article on China…I will include some of the highlights here
"STRATEGIES FOR ASSET RECOVERY FROM MAINLAND
CHINA"
"China is forging itself into a global financial center for investment and slowly
retooling its courts to handle cross-border civil and commercial disputes. But China
currently lacks an adequate legal infrastructure necessary to assure non-Chinese
investors of their substantive rights. "
THE BELT AND ROAD INITIATIVE
"The Belt and Road Initiative (BRI) is the People’s Republic of China’s (China)
plan to modernize and connect the Eurasian continent by creating an extensive
logistics and transport network that links Asia, Europe, the Middle East, and Africa.2
In October 2017, at the 19th National Congress of the Communist Party of China, the Communist Party integrated the BRI into its Constitution—enshrining the BRI
and underscoring the Party’s commitment to building China into a hub that connects
trade and investment throughout Eurasia.3"
Accounting Irregularities by Chinese Firms causing US investor losses
"Between 2000 and 2011,
a rash of U.S.-listed Chinese firms accused of accounting irregularities or outright
fraud33 caused $50 billion in investor losses on U.S. stock markets.34 Due to
enforcement risks involving U.S.-listed Chinese firms, U.S. shareholder litigation
for investor losses tended to settle for comparatively low amounts.35 Foreign
creditors and bondholders investing in China through offshore holding entities have
experienced mixed results protecting their investments, particularly in bankruptcy
or default situations.36 These individuals have at times lost their entire investment
when the Chinese operating firm is located in Mainland China.37"
Going Dark and abandoning shareholders
"By 2008, 602 U.S.-listed CRMs submitted annual financial statements required
by the SEC.73 But between 2010 and 2012, over fifty CRMs were delisted from U.S.
stock exchanges because many stopped filing reports with the SEC.74 Others faced
allegations of fraud: overstating revenue, fabricating contracts, and diverting funds
to executives.75 The NYSE and NASDAQ have since put controls in place to make
reverse merger listings less susceptible to fraud,76 although some critics believe that
gaps in regulation still exist.77
Delisted CRMs erased billions of dollars in stock market value78—destroying
$26.5 billion in market capitalization between 2010 and 2012 alone.79 "
Using offshore accounts
"A study of U.S.-listed Chinese firms shows that around 76% of the firms
studied use a Cayman Islands firm as the ultimate holding firm.148 The Cayman
Islands is one of the most attractive offshore locations for a CRM to incorporate its
holding firm because there are lower incorporation costs and firms can amend
charter documents quickly.149 Furthermore, the Cayman Islands provides Chinese
firms the ability to offer an IPO on both the U.S. and H.K. stock exchanges—a
feature that several other offshore locations do not have.150"
https://sites.temple.edu/ticlj/files/2019/05/33.1_Longley_Article1.pdf
still reading…