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Tuesday, May 27, 2014

Did Washington stop sale of securities to EB-5 visa investors due to SEC pressure? Is the City of Miami next to avoid selling securities to EB-5 visa investors in order to avoid SEC action? Will fear of SEC action finally stop the illegal offering and sale of securities to EB-5 visa investors?

I read an interesting article about government entities now refusing to sell securities to EB-5 visa investors (see link at http://www.seattlepi.com/local/article/Lawsuit-State-shunned-Chinese-investors-ready-to-5501115.php ) and believe that the SEC advised the state to avoid offer and selling securities ILLEGALLY to Chinese investors in order to avoid SEC action, and believe that other entities will be given a quiet warning too. It seems that Michael Mattox was aware that the immigration agents, through whom they illegally offered and sold the securities, had advertised the project as a no-risk green card investment, and SEC seems to have caught on: See link at One reason of the denial, as reported in the Chinese media, was the way of investment by purchasing state bonds and that the 520 project was promoted as a “no-risk investment” or “no-risk Green Card.”

Greenberg Traurig recently went around boasting that it represented the City of Miami in getting certified as a regional center, but it seems that they failed to advise the City of Miami that it is essentially IMPOSSIBLE to legally offer and sell securities overseas to EB-5 visa investors, and the city may have wasted a significant amount of taxpayer dollars due to fraud. It seems quite likely that a lot of EB-5 visa investors and the City of Miami will be similarly disappointed.

EB-5 visa investors should read the secret ICE Memo recommending shutting down of ALL regional centers at ICE recommends shutting down all regional centers in a secret memo!  It is possible that a lone individual may have been biased in denouncing regional centers for the past 10 years to further his own business, but when an investigative agency of the US government (ICE) also recommends that ALL regional centers should be shut down due to fraud, money laundering and other national security concerns, then it is time for EB-5 visa investors to understand that those who aid and abet regional centers should be avoided like the plague, because between 2007 and 2014, regional centers have laundered BILLIONS of DOLLARS and illegally offered and sold securities worth BILLIONS of dollars. EB-5 visa investors should simply ask if they wish to deal with any attorney or individual such as Kevin Jeffers, Lalit Advani, Brian Su, etc. who have actively aided and abetted regional centers in violating securities laws, committing securities fraud and laundering substantial amounts of funds.

I can confidently say that at least 98% if not 100% of the regional centers commit securities fraud, investor fraud, money laundering and violation of securities laws, as I have personally called a vast majority of the regional centers myself, pretending to be an EB-5 visa investor, and when 295 out of 300 regional centers I've reviewed have gone ahead and proven themselves, I can confidently say that in statistical terms, at least 98% of them do commit fraud. The other 5 refused to answer my questions as they may have suspected that I was asking too many probing questions, which is why I did not count them as positives. I do make it a point to reach out to at least 10 regional centers a month in order to see what they are up to, and then turn around and write about them. That is why I can confidently say that at least 98% of regional centers commit securities fraud and securities law violations.

What makes me qualified to speak about fraud?

I'm a qualified CFE (Certified Fraud Examiner) who has researched regional centers thoroughly for the past 10 years, and anyone who is interested is welcome to verify my credentials at Association of Certified Fraud Examiners to confirm that I am qualified to speak about fraud. My agenda is to protect EB-5 visa investors from fraud and to expose the rot of corruption that has let crooked politicians, sleazy law firms and organized crime work in tandem to defraud thousands of EB-5 visa investors and cheat them out of BILLIONS of Dollars! The simple fact is, most regional centers are very risky investments that US based investors would never touch at all.

Some of the  ways these so-called experts seem to be negligent (and potentially liable for damages too) are:

1) They failed to advise EB-5 visa seekers that regional centers were and still are illegally offering and selling securities overseas through immigration agents who're unlicensed to sell securities in their countries AND illegally paying them commissions.
2) They failed to advise EB-5 visa seekers that most regional centers were  and usually still are engaging in conflict of interest.
3) They failed to advise EB-5 visa seekers that most regional centers were committing securities fraud by failing to fully and truthfully disclosing all material facts.
4) They failed to advise EB-5 visa seekers that approval times for regional centers were far longer than those for Direct Investment Businesses.
5) They failed to advise EB-5 visa seekers if they received any remuneration from regional centers, and if so, how much?

All EB-5 visa seekers should ask the following questions of regional centers and partnerships to detect and prevent fraud:

1) What is the mean and median amount of capital loss experienced by EB-5 visa seekers who invest in your regional center or partnership?

This is important because capital loss is very commonly experienced by EB-5 visa investors in regional centers and other partnerships, while none of our clients has experienced it, as we only offer Genuine Direct Investment Solutions to EB-5 visa seekers.

2) What is the mean and median processing time for regional center sponsored I-526 and I-829 petitions?

This is important as EB-5 visa petitions filed by regional centers and other partnerships now take about twice as long as Direct Investment businesses to get approved.

3) What is the mean and median lock in period for capital in regional centers?

This is important as EB-5 visa investors have easy exit strategies in our recommended businesses while they are stuck for years in regional centers.

4) What is the mean and median annual ROI that is offered by your partnership / regional center?

This is important as EB-5 visa investors usually earn a lot more in businesses recommended by us than in regional centers.

5) Are you willing to offer a sworn affidavit that you have not engaged in and won't in the future engage in conflict of interest?

6) Are the business founders, CFO and CEO willing to offer written guarantees of FULL disclosure of material facts on an ongoing basis as well as freedom from fraud and conflict of interest?

Avoid those who refuse to offer this guarantee in a notarised affidavit.

7) Are you offering and selling securities overseas in full compliance of US and overseas securities laws?

Avoid those who refuse to confirm this in a notarised affidavit.

8) Are the business founders, CFO and CEO willing to offer written guarantees of FULL refund of fees if the EB-5 visa petition is denied at any stage through no fault of the EB-5 visa investor?

Avoid those who refuse to offer this guarantee in a notarised affidavit.

9) Do you owe me a fiduciary duty?

EB-5 visa investors should NEVER trust those who do not owe a fiduciary duty to EB-5 visa investors, and in most cases, attorneys will not owe a fiduciary duty to the EB-5 visa investor who is buying shares in a regional center and / or will NOT be very familiar with how to do due diligence with securities.

The fact is, there is NO ambiguity when it comes to defining the best option for EB-5 visa investors, and any objective attorney and CPA will clearly advise EB-5 visa investors to choose a Genuine Direct Investment Business and avoid regional centers and partnerships due to fraud, conflict of interest, mismanagement, low returns and terrible exit strategies.

EB-5 visa seekers should remember that Genuine Direct Investment businesses are THE BEST option to get the EB-5 visa quickly, safely and usually profitably for the following reasons:

  1. Faster processing and approval times.
  2. Easy exit strategy.
  3. Investors usually get a much higher Return on Investment.
  4. Investors usually get a much higher Capital gain, whereas regional center investors usually get capital losses.
  5. Our clients have a 100% approval rate of I-526 and I-829, while those who choose regional centers or other partnerships don't.
  6. Our clients have very little risk as we conduct extensive due diligence and work hard to prevent fraud and conflict of interest, whereas regional centers and partnerships are overrun with fraud and conflict of interest.
  7. Full control of business and capital, which helps prevent fraud, conflict of interest and losses.
EB-5 visa investors need to remember that we offer THE BEST service when it comes to offering a turnkey solution for the following reasons:
  1.  Our clients ALWAYS have full control of their business and their money. Those who choose regional centers and partnerships usually have to kiss their money goodbye, and are STUCK for 5-9 years.
  2. We offer a written guarantee of freedom from fraud and conflict of interest, whereas our competitors usually don't offer this guarantee.
  3. We offer a written guarantee of FULL disclosure of material facts on an ongoing basis, whereas our competitors usually don't offer this guarantee.
  4. We offer a written guarantee of full fee refund in case a client is rejected due to our team's fault, while our competitors usually don't offer this guarantee because they are incompetent cowards who are unsure about the quality of their work.
  5. Since 2004, our clients have NEVER been denied at the I-526 and I-829 stage, and have NEVER suffered operating or capital losses, and have usually earned over 22% annual Return on Equity because of our focus on due diligence and our extensive efforts to reduce risk by preventing fraud and conflict of interest. Try finding a regional center or partnership that boasts of this record.
  6. We are quite objective in our assessments, and owe a fiduciary duty to our EB-5 visa investor clients, while those who sell regional center and partnership securities usually do not owe fiduciary duties to EB-5 visa investors. In plain words, we are required by law to put our clients interests first, and we do so because it helps us more than it helps our clients! We advise our clients diligently and help them make solid decisions.
  7. We are probably the ONLY firm that actually encourages our clients to always stay in full control of their business and their funds at every stage as this helps us avoid escrow accounting and reduces potential for fraud, embezzlement and litigation.
If you're an EB-5 visa investor who wants to get their green card quickly, safely and in a usually profitable manner, please contact us. You'll be glad you did!
Yours truly,
Mohammed Shaikh, Licensed RE and Business Broker (CA & FL)
Phone: +1 407 535 0616 Online: htttp://www.smartbusinessbroker.com

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