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Tuesday, November 12, 2013

6 weeks ago I mentioned that I suspected Ms. Anna Barella was someone who was actively involved in aiding and abetting fraud against EB-5 visa investors. I guess I was right!

In September 2013 I reviewed an article by Ms. Anna Barella (see http://eb5-expert.blogspot.com/2013/09/i-read-article-that-i-suspect-was.html) and immediately raised my doubts that she is potentially involved in aiding and abetting fraud against EB-5 visa investors.

I've now discovered that from April 2012 onwards, Ms. Barella was indeed working with people who've illegally offered and sold securities themselves for years to EB-5 visa investors and in the process, have also committed securities fraud: Mr. Fred Burgess and Mr. Joe Sloboda. See link: http://www.eb5exclusive.com/eb-5-news-and-updates/newsletter-and-press-releases/exclusive-visas-welcomes-anna-barella-newest-project-manager.html

As is the norm with the folks from Exclusive Visas, Ms. Barella failed to disclose her affiliation with Exclusive Visas and also concealed her motives for her opinions. The apparent conflict of interest was not concealed for too long, and now the world knows just why did Ms. Barella voice those particular opinions: It was not to help EB-5 visa investors, it was to help illegally offer and sell US securities overseas. Exclusive Visas may have also fraudulently offered and sold franchises in Voodoo BBQ to EB-5 visa investors without disclosing their pre-existing master franchisor relationship with Voodoo.

When I step in to help EB-5 visa investors, I make it clear from the onset that I am there to provide services for fees and I also ensure that I don't have any undisclosed conflicts of interests, unlike Ms. Barella with her articles that don't disclose her actual industry affiliation or Mr. Burgess & Mr. Sloboda making money off of EB-5 visa investors in an unethical and probably illegal manner.

EB-5 visa investors need to keep 1 important fact in mind: in most instances securities license holders do NOT owe fiduciary duties to EB-5 visa investors, while in ALL instances, a Business Broker who is also licensed as a RE Broker owes a fiduciary duty to their principal, if the Broker is hired to represent the EB-5 visa investor. Fiduciary duty means putting the client's interests ahead of one's own interests.

It is quite common for honest and diligent RE brokers to offer a guarantee of freedom from conflict of interest and fraud, while crooks who try to lure EB-5 visa investors into investing in worthless regional center securities / partnerships / third rate franchises will always refuse to offer the following safeguards to EB-5 visa investors:

1) A written guarantee by the top 5 officers of the regional center / partnership firm AND the marketer, confirming that they will clearly disclose all material information at the very onset and on an ongoing basis. In the US, failure to disclose material information by sellers of securities is classified as SECURITIES FRAUD.

2) A written guarantee that the marketer and regional center / partnership officers will NOT engage in conflict of interest, and will procure goods / services and hire employees in a transparent and competitive manner.

3) A written guarantee that they will fully refund an investor's fees in case the investor's petition is rejected due to the fault of the regional center.

4) A full disclosure of what is the amount of capital that the firm's founders and investors have invested and what is the percentage of ownership stake and profits that they will get.

EB-5 visa investors need to remember that Direct Investment Businesses that choose blue chip franchises (such as BK, 5 Guys, KFC, etc.) wholly owned and controlled by the EB-5 visa investor usually offer a safer, faster and very profitable way to get the EB-5 visa, and those who opt for regional centers or partnerships or third rate franchises will usually end up with delayed processing, capital lossess and low (or no) ROI caused due to extensive fraud, nepotism & conflict of interest, terrible exit strategies and high rate of denial of I-829.

Our EB-5 investor clients who opted to start Direct Investment Businesses in quality franchises such as 5 guys, KFC, McDonalds, etc. as opposed to regional centers / partnerships / bottom tier franchises such as Voodoo or Marcos offered by our unscrupulous competitors, usually find that they have the following advantages:

1) Great annual profits, usually averaging 22% annually, and usually ranging from 20% to 35% annually. The lowest amount any of our clients has ever earned is 15% annual profit, and that was a special case.
2) Capital gains: Our recommended businesses usually appreciate while Marcos pizza locations or other third rate franchises will usually sell for a massive capital loss. In 10 years, none of my clients have had a capital loss, and most investors in regional centers have suffered full or partial capital loss.
3) Easy exit strategy: You will find more buyers for 5 guys / KFC restaurants in comparison to Voodoo BBQ offered by Joe Sloboda or Marcos Pizza or any regional center.
4) Easy approval with USCIS and with banks: Bank underwriters are very picky, and they won't approve Voodoo BBQ locations easily, but will easily approve premium franchises such as 5 Guys / KFC / etc. because of their track record and market reputation. USCIS will also easily approve known and reputed brands with solid track records, while they won't do so with our competitors.
5) Full disclosure of material facts: Unlike David Tashroudian or the Voodoo promoters Joe Sloboda & Fred Burgess or Regional Center promoters, we clearly and fully disclose material facts to our clients, which is why we confidently offer written guarantees of full and clear disclosure of material facts.
6) Fee refund guarantee: We know that we do a thorough job, and therefore confidently guarantee our work, while our competitors refuse to stand behind their work. This shows EB-5 visa investors who is a professional and who is not.

If you're interested in getting your EB-5 visa in a quick, safe and usually profitable manner, please call me on +1 407 535 0616.  You'll be glad you did!

Yours truly
Mohammed Shaikh, MBA, CFE, Licensed Business & RE Broker (CA & FL)
Online: http://www.smartbusinessbroker.com


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