Wednesday, January 29, 2014

Daniel B. Lundy is an attorney who finds it easy to make comments on LinkedIn EB-5 visa forums that block free speech.

Open letter to Mr. Daniel B. Lundy and Serge Bauer

My dear Mr. Lundy

I saw some of your comments on Serge Bauer's LinkedIn Forum, "EB5 visa group". I know that for a living, you aid and abet regional centers that are most likely committing securities fraud and securities law violations, and it is entirely your choice on how to earn your living. What you don't know is, I have been blocked by Serge Bauer from posting on his forum as the truth actually hurts his business while it helps boost my business. A well informed EB-5 visa investor is actually my best customer, while a well informed investor is a regional center owner's worst nightmare.

If you actually have a spine, why don't you and Jeff Wagner join my forum 'EB-5 visa - Direct Investment Business' and see if you can win a debate with me online. It is very easy for unethical folks who aid and abet crooks for a living to take potshots when they know I'm blocked from giving a fitting reply, but if you do happen to grow a spine, feel free to join me on a forum where we can debate. We will then let EB-5 visa investors at large decide on what is clearly the best option for EB-5 visa investors.

You tried to fact check me, and that is actually well and good. So, while you're fact checking, can you please let EB-5 visa investors know if my allegations about ALL regional centers violating securities laws and committing securities fraud are true or not? I know for a fact that I speak after having reviewed over 90% of all regional centers, and every single one I've reviewed over the past decade has actually violated securities laws, committed securities fraud AND laundered money too. Is that actually deniable? I don't think so. If you, who claims to have multiple regional center clients, can name even 4 (out of over 400) regional centers that have NOT illegally offered and sold securities (or intend to to do so), AND have not committed securities fraud (or are in the process of doing so), I and the entire EB-5 visa investor community would love to hear of them. FYI, failure to disclose material facts IS securities fraud.

By the way, even when Serge Bauer was directly asked " As a Regional Center attorney, are you willing to personally provide a sworn notarised affidavit made under the penalty of perjury that your regional center is free of fraud and conflict of interest, and discloses all material information to investors and also complies with securities / tax / foreign exchange laws governing the regional center's conduct in the US and abroad?" and he simply refused to do so, so I am sure we can all safely assume that he himself is engaging in fraud too. 

The only inaccurate statement I'd made was about a moratorium, when it actually was an unofficial delay based on a go slow approach adopted by USCIS officers who were appalled at the widespread fraud commmitted by regional centers. The mistake was based on an inaccurate statement that was relayed to me, and I will definitely accept that there was no moratorium, just a massive delay which we see till this date for regional center filed EB-5 visa petitions, as multiple agencies are collectively scrutinising the I-526 petitions filed by regional centers. 

EB-5 visa investors should remember that one small mistaken statement does NOT change the fact that for all intents and purposes, regional centers usually violate securities laws and commit securities fraud, and even Serge Bauer, the co-founder of a regional center, refused to provide an affidavit that he was not committing securities fraud or violating securities, tax and AML (Anti-Money Laundering laws).

Regional center promoters and affiliates such as Serge Bauer, Daniel Lundy, Brian Su, etc. can't deny the fact that crooked officials such as Alejandro Mayorkas (who got a presidential pardon for a drug dealer caught with 800 pounds of PURE COCAINE) have aided and abetted fraudulent regional centers fraudulently obtain EB-5 visas.

Regional center promoters and affiliates such as Serge Bauer, Daniel Lundy, Brian Su, etc. can't deny the fact that ICE (which is one of the largest Investigative Agencies in the US) has recommended that all regional centers be shut down due to fraud and money laundering.

Regional center promoters and affiliates such as Serge Bauer, Daniel Lundy, Brian Su, etc. can't deny the fact that SEC, IRS, FBI, DHS OIG and now even USCIS have started cracking down on fraud committed by regional centers.

Regional center promoters and affiliates such as Serge Bauer, Daniel Lundy, Brian Su, etc. can't deny the fact that Genuine Direct Investment Businesses usually offer the following advantages over regional centers and direct partnership models such as the fraud and conflict of interest infested offerings offered by E3 Investment Group:

  1. Easy exit strategy while regional centers and other direct models lock up funds for 5-10 years.
  2. Annual ROE that is usually equivalent to over 20% while regional centers usually pay 1% or less annually. In dollar terms, an EB-5 visa investor who invests $500,00 in a Genuine Direct Investment Business usually earns $100,000 or more annually, while those who invest in regional centers are lucky to even get $5,000 annually. 
  3. Our EB-5 visa investors in Genuine Direct Investment Business usually get Capital Gains while those who invest in regional centers usually have capital loss of all or part of their capital.
  4. Faster approvals: EB-5 visa investors who choose direct investments are seeing approvals in 4-7 months, while those who choose regional centers usually see massive delays and approvals in 16-21 months.
  5. EB-5 visa investors in Genuine Direct Investments usually see zero fraud or conflict of interest, while it is apparent that even when directly asked, regional center promoters such as Serge Bauer will not say that they comply with securities / tax / AML laws and don't commit securities fraud.
  6. Higher approval rates of I-526 & I-829 compared to regional centers.
Why do regional centers offer such terrible results to EB-5 visa investors?

The answer is: Regional centers usually pay a large amount of money paid towards commissions, and also suffer from conflict of interest, where hiring and procurement of goods & services are done from related parties at inflated costs.

If a regional center promoter's first interest is stealing instead of serving their investors, then capital losses, low returns, delayed processing due to increased regulatory scrutiny, terrible exit strategies and high percentage of visa loss are inevitable.

Why do our EB-5 visa investors usually see high return on equity, capital gains, 100% approval of I-526 and I-829, quick approval and no fraud or conflict of interest?

EB-5 visa investors must remember an important fact: As licensed RE & Business Brokers, we actually owe a fiduciary duty to our clients. This means that the law requires us to always put our client's interests ahead of our own. EB-5 visa investors should ask if the service provider owes them a fiduciary duty, and strongly suspect the motives of those who don't owe them fiduciary duties.

This is why we recommend top ranked franchises instead of risky franchises such as Twistee Treat, Voodoo BBQ, Marcos Pizza, etc.
This is why we don't engage in conflict of interest or conceal material facts.
This is why we advise our clients in ways that help them get their green card (EB-5 visa) in a quick, safe and usually profitable manner, as a failure to do so will jeopardise our professional licenses.
This is why we confidently offer written guarantees of full fee refund in case our client is denied due to our fault as well as written guarantees of freedom from fraud, conflict of interest and full disclosure of material facts.

Our competitors such as Serge Bauer, Brian Su, Daniel Lundy, etc. usually don't owe a fiduciary duty to their clients and will usually refuse to offer the written guarantees that we confidently offer. We know that our team is quite competent, which is why we've no problems in offering a 100% fee refund guarantee to our clients in case our clients fail to get their EB-5 visa due to our fault. If our competitors were asked to offer the same fee refund guarantee, they usually refuse to do so as they aren't that confident about the level of their services.

For more information, please visit our website or read our blog at

Yours truly
Mohammed Shaikh, MBA, CFE, Licensed Business & RE Broker (CA & FL)
Phone: +1 407 535 0616

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