Like Elsa, the Princess in Disney’s classic Frozen, once again the Securities and Exchange Commission (SEC) has utilized its power to freeze. In this case, the freezing of assets. In what has become an increasingly common...more
10/12/2017
/ Asset Freeze ,
Civil Monetary Penalty ,
EB-5 ,
Enforcement Actions ,
Foreclosure Sales ,
Foreign Investment ,
Green Cards ,
Investors ,
Misallocation of Funds ,
Securities and Exchange Commission (SEC) ,
Securities Fraud
The chances of a stand-alone EB-5 bill gaining consensus with lawmakers on Capitol Hill are low. With the GOP failing to repeal the Affordable Care Act, lawmakers may be spending time readjusting priorities in unexpected ways...more
9/29/2017
/ DACA ,
Department of Homeland Security (DHS) ,
EB-5 ,
Enforcement Actions ,
Federal Register ,
Foreign Investment ,
Immigration Reform ,
Proposed Rules ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Trump Administration ,
USCIS
Our colleague Rebecca Zeidel just published a terrific blog posting on the U.S. Supreme Court’s recent decision in Kokesh v. SEC, in which the Court imposed a five-year statute of limitations on agency-sought disgorgement in...more
6/9/2017
/ Administrative Proceedings ,
Disgorgement ,
EB-5 ,
EB-5 Regional Centers ,
Enforcement Actions ,
Fraud ,
Kokesh v SEC ,
Penalties ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Statute of Limitations
The Securities and Exchange Commission (SEC) has just published three new decisions in connection with administrative proceedings against two well known immigration lawyers, as well as against a third lawyer. One party has...more
8/24/2016
/ Civil Monetary Penalty ,
EB-5 ,
Enforcement Actions ,
Finder's Fees ,
Immigration Attorneys ,
Investment Funds ,
Professional Liability ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Violations ,
Transaction-Based Compensation
In 2012, we wrote about the risky business of immigration lawyers accepting finder’s fees for selling limited partnership interests in EB-5 deals. For the past several years, securities law violations have been part and...more
The flurry of federal suits filed by the U.S. Securities and Exchange Commission (SEC) in the past few months against several companies and individuals for alleged fraud and false statements in soliciting foreign investors...more
Private placement offerings are an increasingly active part of the securities business. One especially complicated and emerging area of private placements is the EB-5 Investor Visa Regional Center Program. Under the current...more
11/6/2015
/ Broker-Dealer ,
Disclosure Requirements ,
Due Diligence ,
EB-5 ,
Financial Industry Regulatory Authority (FINRA) ,
Foreign Investment ,
Foreign Nationals ,
Green Cards ,
Inducement ,
Investigations ,
Investor Visa Options ,
Lawful Permanent Residents ,
Private Placements ,
Reasonable Care ,
Regional Centers ,
Regulation D ,
Regulation S ,
Risk Mitigation ,
Rule 506 ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Underwriting ,
USCIS