Case 1:11-cv-02870-LBS -JCF Document 55

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SANG LAN

.......................................................................

Case No. 1 1 CV 2870 (LBS)(JCF) Plaintiff,

Plaintiff's Affidavit In Opposition to Defendant's Motion

- against KAO SUNG LIU aka K.S. LIU (CHINESE NAME 3 u *), GINA HIU-HUNG LIU (CHINESE NAME #f HUGH MO ( 1 , JOHlV DOES AND JANE DOES # I THROUGH 15, INCLUSIVE

@a),

.......................................................................
STATE OF NEW YORK, ] COUNTY OF QUEENS ] , ss.

Defendants.
X

Sang Lan, being duly sworn, deposes and says, I am the plaintiff in this action, submitting this affidavit in opposition to defendants Motion to Dismiss and for Rule I1 Sanctions. 1. After I settled my claims with other defendants through an amicable settlement agreement, the remaining claims are limited as against the following defendants only: KAO SUNG LIU aka K.S. LIU (CHINESE NAME (CHINESE NAME #fB!kI), HUGH MO (
\

$!I

a g),GINA HIU-HUNG LIU

1 , JOHN DOES AND JAIVE DOES

# 1 THROUGH 15, INCLUSIVE . The first six cause of actions/claims as against other

defendants and have been resolved and dismissed by stipulation.

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2.

The seventh cause of actiodclaims is for "unjust enrichment as against KS Liu , Gina Liu, husband and wife, and Hugh Mo." The eighth cause of actiodclaims is for "conversion" against same defendants. We have sufficient evidentiary support for these claims. For example, Defendants have solicited donations from public, exercised dominion and control of the "Sang Lan Fund" for their own benefits, until the end of 2008. Exhibit A (1, Letter from Abacus Federal Savings Bank shows that the registered address of the Fund is Liu's home address; 2, Life magazine shows that Liu has published a mailbox PO Box 852,l Armonk, NY 10504 under his control in his own home zip code to solicit donations; 3, letter of KS Liu as "Fund manager" dated June 18, 2008, Exhibit G, KS Liu in his blog dated July 15, 201 1 also admits his comingling of the fund with his company fund) shows that defendant KS Liu used his private home address to solicit and accept donations, and registered the fund with his home address. Exhibit B (photos) shows that Hugh Mo personally participated in solicitation of the donations and management of it. Exhibit C is a list of the properties that belong to plaintiff but have been kept by defendants, including a valuable gift from US Postal Service. Demands have been made, and defendants continue to refuse to return the valuables to plaintiff. "Sang Lan Fund" has been misappropriated and misused by defendants.

3.

The ninth cause of actiodclaims is for breach of fiduciary duties against same defendants. By admission, defendants admit that they are the manager of "Sang Lan Fund", and "legal guardian appointed by Chinese Gymnastic Association ". Exhibit D. Hugh Mo has provided legal counseling to Sang Lan as admitted by defendant Gina Liu, Exhibit E. For past 13 years, "Sang Lan Fund" has been misappropriated and misused,

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Sang Lan's legal rights have been compromised and lost, including but not limited to that plaintiff has not received proper medical care and insurance coverage in China that was supposed to be provided by former co-defendants the TIG insurance and USA Gymnastics. We have reached a confidential settlement agreement with TIG insurance and USA Gymnastic. Without disclosing the contents of the confidential agreement, we can only say that plaintiff has secured future medical care in China only after 13 years lack of it. Defendants are liable.

4.

The tenth cause of action is for "defamation" against same defendants. Page 27 and page 28 of the 3rdamended complaint has sufficiently alleged all necessary elements to sustain this claim. The eleventh and twelfth cause of action are sufficiently established by the same complaint.

5.

The thirteenth cause of actiodclaim is for "violation of New York Civil Rights Law section 50 and 5 1. Because defendants have used plaintiffs name, voice and image for commercial purpose without plaintiffs written consent. Exhibit F (defendants commercials) .

6.

The fourteenth cause of actiodclaims is for "breach of promise and detrimental reliance." Defendants have admitted that they promised to provide for plaintiffs life support and care. In KS Liu blog dated July 15th,201 1, KS Liu admitted the following: "From the first day of Sang Lan's return to China, our Company has become Sang Lan's services institution. Through our company, Sang Lan received RMB Yuan

4,150 per month in living allowance payments; the money was actually withdrawn
from US "Sang Lan Fund". And the company has indeed undertaken all expenses of Sang Lan, except for the living expenses, such as complete renovation of Sang

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Lan's new home to make it suitable for people with disabilities, and equipped with all equipment and furniture. Further, the company provided the transportation, rehabilitation and educational costs."
www.sinovision.net/blog/ksliu?details/86286.html

(Exhibit G. defendants' own admission in their blog). In this blog, defendants have admitted that they have co-mingled "Sang Lan Fund" with their own company fund in China as well as they have promised to provide for Sang Lan. Defendants admitted that the support was canceled in 2003 in breach of the promises. Thereafter, I have requested to resume the supports as they have promised, and they resumed some with new promises that they would provide me again soon. The supports were not completed terminated until we made clear that I would sue them for the breach on or about early 201 1. As a matter of fact, defendants in early 201 1 have also promised to pay for my 201 1 trip to the United States for medical check-ups , and pay for my boarding and living expenses in New York ,but have failed to do so.
7.

Moreover, there is a written promise made by defendants in addition to verbal promises and specific performance. In a letter (Exhibit H) signed by Gian Liu as owner of her Lottery Company, which is not registered as a corporation in any state of the United States, is merely an alter ego DBA company, solely owned by Gina Liu and her husband, to do lottery business in China, Gina Liu states that , " Sang Lan has a fund
in the United States, currently has deposits of US$170,000 and according to annual interest rate of four per cent per annum the interest rate income shall be at 6,000 US$ per year. The Fund will allocate Sang Lan US$500 monthly as her living expenses and the payment will be made indefinitely and there is no time limit. We are not the manager of the F u n d , however, we will keep in touch with the Fund on

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behalf of Sang Lan to ensure that Sang Lan will receive her monthly living expenses on time. Current arrangement is that the Lottery Company will advance the payment to Sang Lan on monthly basis and then on regular basis the company will settle the amount paid to Sang Lan with the "Sang Lan Fund". Gina Liu's above statement admits that she has comingled "Sang Lan Fund" with her lottery company fund. She said she is not the manager of the fund, but her husband KS Liu is the manager of the "Fund", as admitted by KS Liu's own letter (Exhibit A 3) and the fact that the registered address of the "Fund" is their own home address (Exhibit A 1) .

8.

Gina Liu further states in same letter that,

"

Lottery Company will provide the

financial supports to Sang Lan to pay for the other expenses besides her living expenses, such as cost of medical, rehabilitation, travel, education etc. until she herself is fully self-independently financially. We will provide vocational training to Sang Lan. Lottery Company will provide employment for her on the condition that her own professional skills meet the recruitment criteria of the Lottery Company. The post-employment wages of Sang Lan will gradually replace the financial assistance provided by Lottery Company and finally to achieve complete economic independence of Sang Lan."

9.

As stated above, defendants actual supports "come and go" as they please until early 201 1. Defendants have promised to pay for my 201 1 trip to the United States for medical check-up and pay for my boarding in New York ,but have failed to do so.

10.

The fifteenth and sixteenth cause of actionfclaims are for "intentional and/or reckless infliction of extreme emotional distress". A brief glimpse of defendants' special background is necessary.

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11.

Defendant KS Liu is the former vice president of Chinese Swimming Association; Gina Liu has been the vice-president of Chinese Gymnastic Association for the past 13 years. They are Chinese Sport Commission officials, with connections with top Chinese leaders. In a system of totalitarianism such as in China, defendants can wield tremendous political power over plaintiff, a daughter of an ordinary Chinese factory worker, a former champion gymnast living in China.

12.

Exhibit I shows that Gina Liu played tennis with highest Chinese leaders, including the Speaker of the People's Congress of China, Wu Bang Guo (second from left in photo) , only ranked second to President Hu Jintao in Chinese government, ahead of Chinese premier Wen Jia bao. Jia Qinglin (first from left in photo ) , the 4thpowerful figure in Chinese government, after Hu Jintao, W Bang Guo and Wen Jia Bao. Li Rui Huang w (second from right in photo) , the former 3'd highest Chinese leader under President Jiang Zemin. These leaders have the power to run the entire China, and they all gathered together to play tennis with defendant Gina Liu, indicating that defendants have relationships that is more than enough to frighten any ordinary Chinese citizen under the rule of that government.

13.

Further, the former Chinese Liberation Army General Wu Shao Zu was appointed by President Jiang Zemin to head the Chinese Sport Commission. Defendant KS Liu has admitted and bragged that Liu has been intimate friends with General Wu Shao Zu for 25 years, and General Wu Shao Zu has the power to do whatever he pleases to plaintiff Sang Lan, a Chinese athlete under the control of the State Sport Commission. (Exhibit J. KS and Gina Liu with General Wu Zhao Zu, second from right in photo, and his wife. )

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14.

Hugh Mo is also an influential figure in the Chinese community and Chinese politics, which is the reason why KS Liu and Gina Liu form a coalition with Hugh Mo. Exhibit K shows that Hugh Mo (left to Jiang Zemin in photo) sat next to Chinese President Jiang Zemin(center in photo) with many high rank Chinese leaders ; Exhibit L shows that Hugh Mo ( 4th person from right in photo) and his family was with Jia Qing Lin (3rdperson from right in photo) ,the 3rdhighest official in Chinese government today.

15.

It is no secret that Chinese politics is different from this country, in that their leaders are not democratically elected, and they rarely, if ever, appear in pictures with ordinary people, thus, all three defendants in this action are influential in China politics, and they have the power and ability to ruin plaintiffs political future and life.

16.

Given the special background of these defendants, and the particular vulnerable physical and mental condition of plaintiff, a daughter of a factory worker in China on wheelchair for the past 13 years, a victim of sex crime, defendants' acts, threats and outrageous personal insults have indeed caused alarm, fear, agony and sever emotional distress to plaintiff, as more fully described in the complaint. In particular, Hugh Mo spoke to

, reporter of QQ Sports on July 1 2 ' ~ 201 1 that " the net users are right on points and
made accurate judgments on her ( Sang Lan)" with the knowledge that "the net users " have insulted me by saying things like "wash your pussy clean and get ready to be raped" among other extreme outrageous comments. 17. On July lgth, 2011, I had a close-door meeting with Mr. Fred Green, who is the Westchester County District Attorney Office Chief of Sex Crime Bureau. Five other detectives and police officers and certified court interpreter attended the meeting. My own attorney Ming Hai was excluded from the meeting by the request of the DA Office

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for the purpose that my attorney would not influence my own independent testimony. After four hours meeting, a Supporting Deposition was prepared and officially signed by me, two detectives and the certified interpreter. Thereafter, the Detective Sergeant Marc Thomas spoke to the media that "we have accepted the case." (Exhibit M. Sergeant speaks to the media). The case was assigned case number NC-CR-158-11. (Exhibit N, last page of the supporting deposition with signatures of mine, detectives and the interpreter.) Therefore, looking in totality, defendants' behaviors and their insults on me personally have constituted outrageous conducts which caused me sever emotional distress. 18. All above claims are within the Statute of Limitations, and discovery will only find more evidences to support my claims. My action has merits and defendants' Motions are frivolous. Wherefore, I would respectfully request that defendants' motions be denied in all respects. July 2 1", 20 11 Sang Lan

Dated:

Sworn to before me on d y

/ /3/

ojl

Notary Public
Don Chin Notary Public, Stete of New York Me. 01CH4679325 Qualifi@d QueensCounty in Cr:r%ai~sinn Expires