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美国投资移民 那个传说中的芝加哥会议中心项目

回复: 芝加哥会议中心项目的创新和战略财务设计特点

酒店是很破旧了,但是马上要推倒重建了,谁还会去追加投资呢?

酒店是破旧,但服务还是要的。

我们现在管理的酒店比这个酒店会更早关门,明年一月就改做养老院。但我们在接手管理的时候,还是投资更换所有的LINEN等,改善条件,让客人感到好的服务。客户投诉,他们的游泳池坏了,长出草来,他们不管。 我每个月要花上千美金修游泳池,维持到年底,就是尽量让客户满意。所以住在我们的酒店的客人都很留恋这里。

你的这种思想是典型的急功近利,这样的项目方,投资人敢信吗。还是那句话,他们做出了烂尾项目,被伊州的债券公司拍卖,他们仍然可以囊括9700万TIF款,只是EB-5的投资人血本无归。
 
回复: 芝加哥会议中心项目的创新和战略财务设计特点

2009年这对印度父子要建Element 酒店,到现在,2年半了还没有破土动工,如果他们自己有资金,至少这个酒店该开业了。投资人该问一问,为什么了。

如果投资人在2009年参加这个项目,那829绿卡是否就报销了。 前车之鉴,2年后的829绿卡还有谱吗?

看这个项目要这么多EB5的投资资金就知道是空手套白狼了
 
回复: 芝加哥会议中心项目的创新和战略财务设计特点

芝加哥地处美国的心脏。不是会议中心的天然宝地吗? 2011年,伊利诺州政府债券信用评级全美倒数第一。 政府支持怎么来?2018年酒店收入如何达标?客房价每年增长17%? 请看下面报告以解迷!
1。 项目简介
“芝加哥会议中心项目”是一个拟筹集2亿4千9百50万EB5移民投资,拆除现有的“芝加哥O’hare花园酒店”,改建为用作5个品牌的酒店、会议中心、和停车场的三东高楼的项目。
2。报告内容
目录
摘要 1
1 项目简介 3
1.1 场地现状 3
1.2 计划演变 5
2 资金结构 6
3 项目各方关系 7
4 酒店未来经营收入的预测 9
5 其他情况 11
5.1 酒店、会议中心行情 11
5.2 项目开发商Anshoo Sethi 12
5.3 芝加哥市 13
5.4 伊利诺伊州 13
6 结论 14

联系:info@blfact.com/qq:2409454099
查看:http://www.blfact.com
转自:http://blog.sina.com.cn/s/blog_a15e7520010120av.html
 
回复: 芝加哥会议中心项目的创新和战略财务设计特点

芝加哥论坛报今日大揭底- “Hotel proposal illustrates promise and peril of investment program Questions surround Chicagoan's quest for 499 investors through visa initiative”
 
搜到了《芝加哥论坛报》的第二篇关于美国投资移民的文章

芝加哥论坛报今日大揭底- “Hotel proposal illustrates promise and peril of investment program Questions surround Chicagoan's quest for 499 investors through visa initiative”

Fast track to the American dream

Wealthy Chinese and other foreigners are jumping at a U.S. investment program that offers a big carrot: permanent residency. But sometimes it isn't that easy.

By Antonio Olivo, Chicago Tribune reporter 11:38 a.m. CDT, July 15, 2012


TIANJIN, China
Amid the skyscrapers and coal power plants in this fast-growing manufacturing city of nearly 13 million people, eager investors filed into a convention center that thumped with dance music from a Florida beach party video.

On sale was the dream of life in America, packaged for wealthy Chinese willing to bet a half-million dollars on the opportunity offered by a U.S. visa program called EB-5.

Want to hunt for gold in California? For $500,000, investors were told they could stake a claim in a long-dormant mine north of Sacramento, and at the same time get a jump-start on the path to U.S. citizenship. Nearby, a miniature model of a Louisiana oil field held out the same promise. And a few steps away, a poster showed a girl enjoying ice cream and asking in Chinese: "Mama, shall we invest in one of the Twistee stores and stay forever in America?"

The business ventures are among hundreds in the United States including restaurants, senior homes and hotels in the Chicago area that compete in a rapidly growing market for conditional residency visas offered to foreigners who invest in developments that promise to create American jobs. If 10 jobs are created, an investor and his family can qualify for legal permanent residency and leap ahead on a path to eventual citizenship.

The EB-5 program is credited with kick-starting such varied ventures as ski resorts in Vermont, dairy farms in South Dakota and the future home of the Brooklyn Nets NBA team. But it also has been dogged by allegations of fraud against both U.S. developers and foreign parties.

Officially, most of EB-5 remains a pilot program, competing for wealthy foreign investors against similar programs in Canada, Australia and other parts of the world. But since it began in 1990, 12,000 visas have been granted to foreign investors and their families from more than 100 countries.

Those investors have poured $2.2 billion into projects in the United States from a convention center that turned around a rundown area near Philadelphia's downtown to a boutique hotel in Dallas inside what used to be the home of a coffin manufacturer.

Overall, 46,000 jobs have been created through the program, according to U.S. Citizenship and Immigration Services, the federal agency that administers the program.

The program has grown fastest in China, where many of the country's estimated 960,000 millionaires have found new wealth at about the same time the 2008 economic collapse in the U.S. led banks to clamp down on loans, leaving developers scrambling for new sources of capital.

This year alone, the EB-5 program is expected to generate 6,000 visas for foreigners, most of them from China. The Obama administration and some members of Congress are pushing for permanent authorization when the program expires in September.

"There seems to be a real hunger for these projects to work because of the promise that they give," said Audrey Singer, a senior fellow at the Washington-based Brookings Institution who researches EB-5-financed developments. But "things can go horribly wrong," Singer added, citing several ongoing federal lawsuits alleging Ponzi schemes and other deceptive practices.

The program's enticement, for both the investors and those pitching the projects, is obvious.

"You can actually own your own McDonald's restaurant in the United States," developer Brian Hall told a mother and daughter, his Alabama accent rising above the hum of the Tianjin conference crowd. Hall was trying to persuade the women to invest in a fast-food franchise or how about a new ferry boat service between Florida and Havana?

The daughter, Guo Wen, 30, smiled, introducing herself as "Peggy."

"I have an aunt named Peggy!" Hall replied, stepping closer. "Do you want to emigrate to the U.S.?"

Much of the program's growth is driven by privately run limited liability companies in the U.S. that through a pilot portion of the program launched in 1993 are authorized by the federal government to broker EB-5 transactions. There are 224 of those companies, known as regional centers, compared to just 25 in 2008, according to U.S. Citizenship and Immigration Services.

Three such companies operate in Chicago, with a fourth in Peoria and a fifth in LaSalle County, all of them vying for investors across the globe.

One local regional center is seeking as much as $250 million through the EB-5 program to build a five-hotel Chicago convention center near O'Hare International Airport. Another is financing the development of elder-care homes in suburban Aurora, Elgin and Wood Dale, among other locations.

Bryan Zises, 44, was at the Tianjin conference to meet people who might help him find EB-5 financing for projects in Chicago that include a $50 million renovation of the landmark Chicago Athletic Association buildings near Grant Park.

Zises whose day job is chief of staff of the Illinois Housing Development Authority says the EB-5 program has become littered with questionable schemes that fail to create jobs or provide green cards for investors. In Tianjin, he surveyed the conference activity and said: "I can't believe some of these people are selling these projects with a straight face."

The program's successes have recently been overshadowed by accusations of fraud and federal lawsuits.

In New Orleans, for instance, foreign investors have accused principals of a regional center of diverting $13.5 million into sham companies that funneled the money back to the principals. Other federal civil lawsuits accuse regional centers of pushing investors into overly risky deals while collecting fees on the transaction.

"The best analogy I can think of is the subprime mortgage crisis," where predatory lenders were accused of similar activity, said Ann Lee, a senior fellow at the Demos public policy group in New York who has tracked the program's growth in China.

"There is a danger that if the (Obama) administration ... is turning a blind eye to all of its problems, then this could be an area where you have serious financial fraud and other major issues," Lee said. "Instead of being a way to promote better relations (with China), it can actually have the opposite effect if they don't fix it."

U.S. Citizenship and Immigration Services officials said the agency recently increased its staff of inspectors and has begun working with the Securities and Exchange Commission and other federal agencies to root out questionable cases.

Sen. Patrick Leahy, D-Vt., who is sponsoring legislation to make the regional center portion of the program permanent, says fully authorizing EB-5 would lead to better oversight, though the bill he introduced in May does not call for increased scrutiny.

Leahy's office declined to make the senator available for an interview last week. Last December, the senator acknowledged during a congressional hearing about the program that "there is always room for improvement."

In China, brokers authorized by the Chinese government to serve as gatekeepers for both local investors and regional center representatives have been accused of deception. The roughly 180 companies that employ the brokers charge the American regional centers as much as $60,000 to promote projects to Chinese investors, according to the head of a Beijing-based umbrella group for those companies.

In addition, the companies charge the investors themselves as much as $12,500 in fees and sometimes collect lucrative commissions from the regional centers when investors sign on, said Charles Qi, president of the Beijing Entry & Exit Association.

Often those arrangements are doomed to fail, Qi said, noting scores of cases in which investors put money into projects that ultimately did not create the required number of jobs. "At least 50 percent of Chinese applicants to this program will lose their money and will (never get) their green card," Qi predicted.

Statistics from China are unavailable. But overall the program seems to work for most foreign investors. Just 16 percent of investors granted an EB-5 visa since the program's inception did not later qualify for legal permanent residency, according to U.S. Citizenship and Immigration Services, while nearly 26 percent of those who invested money in projects were found ineligible for an EB-5 visa.

Still, Punyu Ho, a Chicago-based financial adviser, said some of his company's wealthy Chinese clients have been burned after investing through EB-5. During trips to China, Ho attends weekly seminars in Beijing, Shanghai and other cities, highlighting specific projects open to EB-5 investment.

Chinese brokers routinely dismiss the merits of competing regional center projects while touting their own.

"You don't know what to believe," said Fu Haiwen, 24, an owner of a Hong Kong comic book company who is investing in an elderly care center in Crivitz, Wis., directly through a Chicago developer. Ho said Chinese brokers frequently suggest sometimes using only a photo op that a venture has been endorsed by the U.S. government. "The Chinese, they believe in government," Ho said.

U.S. Citizenship and Immigration Services Director Alexander Mayorkas said his agency has improved its oversight of the program. In addition to hiring more staff and working with other federal agencies, Mayorkas said, his agency has heightened its efforts to ensure that the "source of funds" for an investment is legal.

Earlier this year, news broke that a Mexican government official wanted for embezzling several million dollars from his government had secured an EB-5 visa to escape into the U.S. In China, there have been news reports of corrupt government officials parking their assets abroad through EB-5 and other immigrant investor programs.

"What is of critical importance to us as an agency is whether the representations that are made to us ... are truthful," Mayorkas said.

Despite the concerns, about 2,000 investors attended the immigration expo in Tianjin, on the coast of the Bohai Sea about an hour from Beijing by bullet train.

Inside the convention hall, guests were greeted by a honeycomblike array of promotional displays. The EB-5 section, by far the largest, featured a mix of proposals for restaurants, senior centers, hotels and other ventures that aimed far higher.

At a booth with a picture of the Chicago skyline, Heidi Li, a director at the Chicago Educational Association, sought to sell a couple on the merits of investing in new classrooms and programs at the College of Chicago, a small school for foreign students.

Instead, she fielded questions about the city's South Side.

"It's not unsafe," Li assured them in Mandarin.

Carrying her 2-year-old daughter, Liu Shujing walked out of the conference eager to start a new life in the U.S., away from the heavy Tianjin smog that paints the horizon a rusty brown and leaves a pungent taste on the lips.

"We're looking for a higher standard of living and, also, a breath of fresh air," Liu said through an interpreter.

At the booth where she was offered the choice between a McDonald's or a ferry boat service to Cuba, Guo Wen, an accountant with Motorola, marveled at the world of possibilities opening before her.

"It's like a supermarket," Guo said, giddily. "Yeah, you can choose what you like!"
 
回复: 芝加哥会议中心项目的创新和战略财务设计特点

But in January, state officials sent Sethi several emails demanding that he stop using Quinn's image and the Illinois state seal in his promotional materials, according to correspondence obtained through the Freedom of Information Act.

China is very 'dog-eat-dog,' very cutthroat," Sethi, 28, said of the competition for foreign money. "Everyone is looking to get their share of investors.

Sethi's personal Web page boasts of nearly 15 years of experience as a real estate developer and global financier, which would mean that he began when he was about 13. His development company lists him as a CEO with a decade of experience developing large universities in India.

The hotel the Sethi family now operates the Chicago O'Hare Garden Hotel has been struggling. Last year it was cited by Chicago building inspectors for defective carpeting, a lack of smoke detectors, and holes in the walls and ceilings.

Also last year, Sethi and his father were sued in federal court for $355,000 by the Wyndham hotel chain for failing to maintain sanitary conditions in the hotel, which Wyndham said violated a franchise agreement. The hotel lost the Wyndham name and now operates independently.

The Sethis were sued by the state of Illinois in 2010 for failing to pay hotel employees $8,300 in wages and by a money-exchange company for bouncing a $332 paycheck, court records show.

Through a spokeswoman, Ambar Mentor-Truppa, Sethi said all of those legal debts have been paid. Mentor-Truppa said Sethi declined to comment on questions about his resume or experience as a developer.

In Shanghai, Sethi said he was unruffled by the criticism of his project, chalking it up to a fiercely competitive EB-5 market.
 
回复: 芝加哥会议中心项目的创新和战略财务设计特点

但是有人说:

if your project is doing well, you can expect that you're going to get a heavy, heavy amount of people hating on it.
 
回复: 那个传说中的芝加哥会议中心项目

首先,原物业是私人物业。
其次,建筑业的规矩:从拿到permit开始,就要买施工保险,不同阶段有不同的施工方,如果用一张大的permit,会让各个施工方对整个工程都购买施工保险,成本会提高很多(例如,挖地基的施工方,不应该买后期装修的保险,一张permit就会导致他必须购买)所以,大家都是分阶段申请permit,分阶段买施工保险,否则建筑公司会因为保险费用的上升而提价导致建造成本就会上去,这在成本预算上是不允许的。
所以,芝加哥会议中心也是分阶段买保险,分阶段申请permit。
大家不会在网上找到政府工程的permit,哪怕是芝加哥现有的其他政府工程的permit,大家都找不到。因为其他没有资质做政府工程的公司会经常去查谁中了政府工程的标,然后发动媒体去闹,问为什么自己不能中标等等,结果就会导致工程延误的问题,这类型的工程permit政府是不放上去的。现在大家能查到原有建造物相关的permit,是因为拆除和清场都是私人物业私人行为。但清场完毕,平地一块以后,性质就变了。

芝加哥会议中心已拿到挖地基和建造地库的permit,但是无法在网上公开,建议到有经验(或者是有出席奠基典礼)的中介处咨询。
 
回复: 那个传说中的芝加哥会议中心项目

首先,原物业是私人物业。
其次,建筑业的规矩:从拿到permit开始,就要买施工保险,不同阶段有不同的施工方,如果用一张大的permit,会让各个施工方对整个工程都购买施工保险,成本会提高很多(例如,挖地基的施工方,不应该买后期装修的保险,一张permit就会导致他必须购买)所以,大家都是分阶段申请permit,分阶段买施工保险,否则建筑公司会因为保险费用的上升而提价导致建造成本就会上去,这在成本预算上是不允许的。
所以,芝加哥会议中心也是分阶段买保险,分阶段申请permit。
大家不会在网上找到政府工程的permit,哪怕是芝加哥现有的其他政府工程的permit,大家都找不到。因为其他没有资质做政府工程的公司会经常去查谁中了政府工程的标,然后发动媒体去闹,问为什么自己不能中标等等,结果就会导致工程延误的问题,这类型的工程permit政府是不放上去的。现在大家能查到原有建造物相关的permit,是因为拆除和清场都是私人物业私人行为。但清场完毕,平地一块以后,性质就变了。

芝加哥会议中心已拿到挖地基和建造地库的permit,但是无法在网上公开,建议到有经验(或者是有出席奠基典礼)的中介处咨询。

你的回答可以满足没在美国做过工程的国内的投资人了。

我项目现在就在工程中,你的这种回答是骗不了我的。 每个工程公司本身都购买保险的,在施工的时候,会把项目方加入保单上。这些保险都是政府规定必须有的。跟项目方没有什么关系。

如果你说是builder's risk insurance,这是项目方从开始就有预算的。如果只是几个月的差别,项目方这么大的成本预算,这点钱不是问题。如果不知道剩下的项目什么时候开工,那当然项目方不会购买builder's risk insurance. 剩下的工程要有发行芝加哥的市政债券筹到款才可以进行。芝加哥去年刚刚有一个项目的2.29亿美金市政债券default,今年项目拍卖才5300万. IFA是否还会再发行这么大的市政债券还难说了。如果没有这部分投入,这个会议中心还能建什么?
 
回复: 那个传说中的芝加哥会议中心项目

你的回答可以满足没在美国做过工程的国内的投资人了。

我项目现在就在工程中,你的这种回答是骗不了我的。 每个工程公司本身都购买保险的,在施工的时候,会把项目方加入保单上。这些保险都是政府规定必须有的。跟项目方没有什么关系。

如果你说是builder's risk insurance,这是项目方从开始就有预算的。如果只是几个月的差别,项目方这么大的成本预算,这点钱不是问题。如果不知道剩下的项目什么时候开工,那当然项目方不会购买builder's risk insurance. 剩下的工程要有发行芝加哥的市政债券筹到款才可以进行。芝加哥去年刚刚有一个项目的2.29亿美金市政债券default,今年项目拍卖才5300万. IFA是否还会再发行这么大的市政债券还难说了。如果没有这部分投入,这个会议中心还能建什么?

很高兴碰到宣称有经验的人士。
建议找有经验的中介阅读伊州IFA(非芝加哥市)关于项目债券的最新文件。
如果有从事过国外建筑行业的经验,最好提供相关经验证明让大家佩服一下,特别是建筑预算经验。
也欢迎提供您所说的芝加哥市default的项目,我们可以提供帮助,查明该项目的来龙去脉,做事可不能那么儿戏。
更欢迎提供您在推广的项目,让大家一起分析,欣赏。
其实无须捕风捉影,因为存心攻击何患无辞。建议投资者到有经验的中介处咨询,约见项目方,必能看到精确文件和得到更准确的答复,同时选择项目时,对所有项目采用同样的标准和问题进行询问,经过比较,投资者必定能够选出合适的项目。
美国EB5项目,根据证券法,是私募,因此很多信息无法公开,也给别有用心的人士提供了捕风捉影的发挥机会,也提供让他们现形的机会。
 
回复: 那个传说中的芝加哥会议中心项目

很高兴碰到宣称有经验的人士。
建议找有经验的中介阅读伊州IFA(非芝加哥市)关于项目债券的最新文件。
如果有从事过国外建筑行业的经验,最好提供相关经验证明让大家佩服一下,特别是建筑预算经验。
也欢迎提供您所说的芝加哥市default的项目,我们可以提供帮助,查明该项目的来龙去脉,做事可不能那么儿戏。
更欢迎提供您在推广的项目,让大家一起分析,欣赏。
其实无须捕风捉影,因为存心攻击何患无辞。建议投资者到有经验的中介处咨询,约见项目方,必能看到精确文件和得到更准确的答复,同时选择项目时,对所有项目采用同样的标准和问题进行询问,经过比较,投资者必定能够选出合适的项目。
美国EB5项目,根据证券法,是私募,因此很多信息无法公开,也给别有用心的人士提供了捕风捉影的发挥机会,也提供让他们现形的机会。


基本上可以看成是在论坛“约架”。围观中!
 
回复: 那个传说中的芝加哥会议中心项目

很高兴碰到宣称有经验的人士。
建议找有经验的中介阅读伊州IFA(非芝加哥市)关于项目债券的最新文件。
如果有从事过国外建筑行业的经验,最好提供相关经验证明让大家佩服一下,特别是建筑预算经验。
也欢迎提供您所说的芝加哥市default的项目,我们可以提供帮助,查明该项目的来龙去脉,做事可不能那么儿戏。
更欢迎提供您在推广的项目,让大家一起分析,欣赏。
其实无须捕风捉影,因为存心攻击何患无辞。建议投资者到有经验的中介处咨询,约见项目方,必能看到精确文件和得到更准确的答复,同时选择项目时,对所有项目采用同样的标准和问题进行询问,经过比较,投资者必定能够选出合适的项目。
美国EB5项目,根据证券法,是私募,因此很多信息无法公开,也给别有用心的人士提供了捕风捉影的发挥机会,也提供让他们现形的机会。

如果项目的伊州IFA那个文件是去年那份,那张废纸我早就读过了。给你的常识,Chicago 市政债券是伊州IFA发行的。

给你看看芝加哥市政债券资助的海市蜃楼的项目的最终下场。$229 million拍卖后值$53 million.前车之鉴!!!

A housing development for retirees in Chicago with about $229 million of long-term debt became the largest municipal bond default this year when it missed a Sept. 1 payment after occupancy failed to meet expectations.

The Clare at Water Tower, a 53-story apartment building with Lake Michigan views and near luxury retailers north of downtown, won’t make further payments until debt-restructuring talks are done, according to Sept. 20 disclosure statement by the Franciscan Sisters of Chicago Service Corp., which developed the property. The developer said it skipped a September payment.

The default is the largest in the $2.9 trillion municipal- bond market this year, said Richard Lehmann, publisher of the Distressed Debt Securities Newsletter in Miami Lakes, Florida. Including it, this year’s total topped $1 billion, while still trailing 2010’s $3.6 billion.

“In a typical year, we have about $1 billion of defaults,” Lehmann said.

The weak economy and a housing-market slump for the past three years led to “challenges” that kept occupancy rates and revenue below projections, Judy Amiano, president and chief executive officer of the Franciscan group, said in a statement.

First Step
“This is the first step in a process of working collaboratively with our lenders to identify a permanent solution for the structure of the Clare’s debt,” said Amiano, whose organization is based in Homewood, Illinois. The debt was sold through the Illinois Finance Authority.认识他们吗? 伊州IFA

The Clare bills itself as Chicago’s first and only high- rise retirement community. The building, on Loyola University’s Water Tower campus near Chicago’s Magnificent Mile, has 248 apartments in 600,000 square-feet of space and offers common dining rooms, three chapels and fitness and aquatic centers.

The bonds traded most recently on Sept. 6 at about 35 cents on the dollar, according to data compiled by Bloomberg. Other trades in recent months have ranged from 12.625 cents on the dollar to 38.188 cents on the dollar. The bonds have been held by BlackRock Advisors LLC, Lord Abbett & Co. and Invesco Ltd., according to the data.

The default triggered a mandatory tender for $125 million of the issuer’s variable-rate debt, the trustee for the securities, Bank of New York Mellon Corp., said today in a separate disclosure statement.
 
回复: 那个传说中的芝加哥会议中心项目

涉嫌欺诈和误导投资者,不实陈述、隐瞒披露,挪用发行管理费不知去向,250万美金进入个人账户,一旦被拒无法全额退还。目前账户已经被冻结。

附起诉书全文。

SEC Halts $150 Million Investment Scheme to Dupe Foreign Investors and Exploit Immigration Program

FOR IMMEDIATE RELEASE
2013-20

Washington, D.C., Feb. 8, 2013 — The Securities and Exchange Commission today announced charges and an asset freeze against an individual living in Illinois and two companies behind an investment scheme defrauding foreign investors seeking profitable returns and a legal path to U.S. residency through a federal visa program.
Additional Materials

The SEC alleges that Anshoo R. Sethi created A Chicago Convention Center (ACCC) and Intercontinental Regional Center Trust of Chicago (IRCTC) and fraudulently sold more than $145 million in securities and collected $11 million in administrative fees from more than 250 investors primarily from China. Sethi and his companies duped investors into believing that by purchasing interests in ACCC, they would be financing construction of the “World’s First Zero Carbon Emission Platinum LEED certified” hotel and conference center near Chicago’s O’Hare Airport. Investors were misled to believe their investments were simultaneously enhancing their prospects for U.S. citizenship through the EB-5 Immigrant Investor Pilot Program, which provides foreign investors an avenue to U.S. residency by investing in domestic projects that will create or preserve a minimum number of jobs for U.S. workers.
The SEC alleges that Sethi and his companies falsely boasted to investors that they had acquired all the necessary building permits and that several major hotel chains had signed onto the project. They also provided falsified documents to U.S. Citizenship and Immigration Services (USCIS) — the federal agency that administers the EB-5 program — in an attempt to secure the agency’s preliminary approval of the project and investors’ provisional visas. Meanwhile, Sethi and his companies have spent more than 90 percent of the administrative fees collected from investors despite their promise to return this money to investors if their visa applications are denied. More than $2.5 million of these funds were directed to Sethi’s personal bank account in Hong Kong.
Swift coordination between the SEC and USCIS has brought the scheme to a halt in its application stage at USCIS. The SEC filed its complaint under seal earlier this week and obtained an emergency court order to protect the remaining $145 million in investor assets that were at risk of being similarly misappropriated by Sethi and his companies. The case was unsealed this morning.
“Sethi orchestrated an elaborate scheme and exploited these investors’ dream of earning legal U.S. residence along with a positive return on their investment in a project that was not nearly the done deal that he portrayed,” said Stephen L. Cohen, Associate Director in the SEC’s Division of Enforcement. “The good news is that working closely with USCIS, we intervened early and stopped him from getting very far, and the asset freeze preserves nearly all of the money invested.”
According to the SEC’s complaint filed in U.S. District Court for the Northern District of Illinois, the EB-5 program enables foreign investors to possibly qualify for a green card if they invest $1 million (or $500,000 in a “Targeted Employment Area” with a high unemployment rate) in a project that creates or preserves at least 10 jobs for U.S. workers, excluding the investor and his or her immediate family. Sethi and his companies used the lure of a pathway to U.S. citizenship to convince investors to wire a minimum of $500,000 apiece plus a $41,500 “administrative fee” to U.S. bank accounts. These administrative fees are separate from the investment capital that the EB-5 program requires to be deployed into a job-creating enterprise. More than $11 million in administrative fees were collected with the claim that they were fully refundable to investors if their visa applications are rejected. Sethi and his companies have instead been spending those funds.
The SEC alleges that Sethi submitted false claims about the project to USCIS. Among the phony documentation that he provided to the agency in seeking preliminary approval for the project under the EB-5 program were a comfort letter from Hyatt Hotels and a backup financing letter from the Qatar Investment Authority.
The SEC’s complaint alleges that Sethi and his companies made a number of misrepresentations about the project to dupe investors. Offering materials stated that investors’ funds would help build “a convention center and hotel complex, including convention and meeting space, five upscale hotels, and amenities including restaurants, lounges, bars, and entertainment facilities.” Sethi and his companies prominently featured in their marketing materials the purported participation of three major hotel chains in the project: Hyatt, Intercontinental Hotel Group, and Starwood Hotels. However, none of these hotel chains have executed franchise agreements to include a brand hotel in this project as represented to investors in the offering materials. Two of the chains actually terminated prior deals with other Sethi-related entities more than two years before these offering materials were circulated to investors.
The SEC further alleges that the offering materials falsely stated that construction would begin in summer 2012 and occupancy of the first tower would occur in early spring 2014. A search of the Chicago Building Permits database for the project address shows that the only recent permits are for a tent for a purported groundbreaking ceremony held in November 2012, a demolition permit, construction of a fence, and a minor electrical wiring permit.
According to the SEC’s complaint, the 29-year-old Sethi misrepresented to investors in offering materials that he has “over fifteen years of experience in real estate development and management, specifically in the lodging area.” Offering materials also misleadingly state that the project’s developer Upgrowth LLC has “more than 35 years of experience.” Illinois corporate records show that Upgrowth was just recently organized in 2010.
The SEC’s complaint alleges that Sethi, ACCC, and IRCTC violated Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. In addition to the temporary restraining order and asset freeze granted by the court, the SEC’s complaint seeks permanent injunctions and other monetary relief.
The SEC’s investigation, which is continuing, has been conducted by Mika M. Donlon and Adam J. Eisner under the supervision of C. Joshua Felker. Patrick M. Bryan will lead the litigation. The SEC acknowledges the substantial assistance of the USCIS.
# # #

http://www.sec.gov/news/press/2012/2013-20.htm
 

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