Tuesday, January 10, 2017

Tuesday, December 27, 2016

Safe harbor: About fairness

As more EB-5 regional centers and projects fail, and as more fraud is uncovered, I reiterate my long-held notion that the EB-5 Program calls for a "safe harbor" for investors.  Consider this:
EB-5 investors have done everything the U.S. government has asked them to do.  They have placed their capital "at risk" in an EB-5 investment project for the purpose of creation of jobs and have filed an I-526 petition with USCIS.
But what if the EB-5 investment project fails?  What if the regional center fails?  What if someone runs off to the Cayman Islands with investors' money?  What if no jobs -- or not enough jobs -- for U.S. workers are created?  What if the investors cannot prove their entire $500,000 was invested "at risk" in the EB-5 project because no accounting records exist?  Most EB-5 investments use limited partnership, which means EB-5 investors have little or no control of the investment project.
A "safe harbor" would protect investors from deportion or removal, a harsh and unfair result currently of not proving the removal of the two "conditions" (1) that the full $500,000 was invested in the EB-5 investment project, and (2) that the project created 10 new jobs for U.S. workers.  In the case of a regional center project, indirect and induced jobs may be counted as well.
But now, when investors are unable to prove that the two conditions were met, USCIS places the investors and their family members in deportation (or removal) proceedings.  A very unfair thing to do to foreign investors who invested the money.
I urge Congress to pass a safe harbor provision to make the EB-5 Program fair and just for foreign investors.

Thursday, September 29, 2016

EB-5 regional center program extended until Dec. 9

The House gave approval Wednesday to an already Senate-approved continuing budget resolution that would extend the EB-5 regional center program until Dec. 9, and avoid a government shutdown.

Saturday, September 17, 2016

EB-5 bill is a mixed bag but won't become law

Rep. Bob Goodlatte, chairman of the House Judiciary Committee, has introduced a bill that targets the so-called "EB-5 Program" for foreign immigrant investors. It has some good provisions in it, some bad provisions, but is not likely to become law.
Congress has shown the American people over and over again that it will not do anything about immigration -- legal or illegal -- so the bill has little chance of becoming law. I would not be surprised if the chairman gets a favorable vote in the House Judiciary Committee, but in my view it goes no further.
What is likely is a reauthorization of the EB-5 Program for three to five more years in the Continuing Budget Resolution, and that will likely occur in the first week or so in December before this session of Congress adjourns sine die.  You heard it here first.

Tuesday, July 5, 2016

Alleged fraud uncovered in California regional center

Merced (California) County Superior Court Judge David Moranda ruled May 31 that a felony criminal case involving Sierra Academy of Aeronautics and KS Aviation co-owner Daniel B. Yoon, 66, must proceed to trial.
Yoon is facing two counts of fraud (intent to defraud) and two counts of falsification of corporate documents.
Prosecutor Walter Wall said in court that accusing him of falsely using the name of the flight school’s second owner, John Yoon (no relation), while applying for a $3 million loan from the Small Business Association and forging documents diminishing the percentage of ownership in Dan Yoon’s favor. He said the alleged illegal loans where used to purchase a flight simulator from the Boeing Aircraft Corporation, which is a critical component of the flight school’s pilot training program.
Last January, federal agents from the U.S. Treasury Department raided the Atwater flight school as part of a federal investigation.
Daniel Yoon is facing a host of legal problems in civil court.
John Yoon is suing Daniel Yoon in a fight for control over the flight school, which was established in the Bay Area and moved to Castle in 2004.
The civil lawsuit between John Yoon and Daniel Yoon is ongoing.
The Sierra Academy of Aeronautics is a school that trains commercial pilots for several Asian commercial flight companies.  Daniel Yoon owns a regional center called Sierra Air Center Development, LLC, which was established to provide flight training.  His regional center is under investigation by U.S. Citizenship and Immigration Services, and was moved to Castle, CA, several years ago.

Thursday, June 23, 2016

EB-5 is about job creation

The words I am hearing from our politicians make little sense. If I need a job, I am going to where the job is. I don't care if the job is in an "affluent" area or not. A job is a job.

Thursday, June 2, 2016

EB-5 fraud case uncovered in southern California

SEC Halts EB-5 Scheme Stealing Investments in Cancer Center

Washington D.C., June 2, 2016 — 
The Securities and Exchange Commission today announced fraud charges and an asset freeze against a husband and wife accused of misusing two-thirds of the money they raised from investors for the purpose of building and operating a new cancer treatment center that would use proton beam radiation to help oncology patients in Southern California.
According to the SEC’s complaint unsealed today in federal court in Los Angeles, Charles C. Liu and Xin “Lisa” Wang raised $27 million for the proton therapy cancer treatment center from 50 investors in China through the EB-5 immigrant investor program.  They touted in promotional materials that the project would create more than 4,500 new jobs and have a substantial impact on the local economy while giving foreign investors an opportunity for future U.S. residency.  But presently there is no construction at the proposed site after more than 18 months of collecting investments.  Liu meanwhile has transferred $11 million in investor funds to three firms in China and diverted another $7 million to his and his wife’s personal accounts.
In granting the SEC’s request to freeze the assets and accounts of Liu, Wang, and related entities, the court’s order prohibits them from raising further money from investors or spending remaining funds.
“We allege that Liu and Wang are using investor funds as their personal piggy bank and exploiting Chinese residents who were assured they were investing in an innovative project to create jobs and cure cancer patients,” said Michele Layne, Director of the SEC’s Los Angeles Regional Office.
According to the SEC’s complaint, one of the websites Liu and Wang have used to promote investments in the cancer center project includes a section entitled “Government Support” with photos of former president George Herbert Walker Bush and former California governor Arnold Schwarzenegger.  Their photos are accompanied by what appear to be letters they wrote in support of proton therapy in general rather than the depicted EB-5 project, which had not even been initiated at the time the letters were written. 
The SEC’s complaint names Liu and Wang along with the companies behind the EB-5 project: Pacific Proton Therapy Regional Center, Pacific Proton EB-5 Fund, and Beverly Proton Center LLC.  They are charged with violating antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5.  The SEC seeks preliminary and permanent injunctions as well as the disgorgement of ill-gotten gains plus interest and penalties. 
The SEC’s investigation was conducted by Tony Regenstreif and Lorraine L. Pearson and supervised by Victoria A. Levin of the Los Angeles office.  The SEC’s litigation will be led by John Berry.  The SEC appreciates the assistance of U.S. Citizenship and Immigration Services.