Asian, Asian immigration, Asian investment, business, California, China, EB 5, EB visas, foreign investors, fraud, green card caps, green cards, immigration, immigration fraud, India, SEC, SFRC, USCIS, Vietnam
From VOA News:
“US ‘Green Cards for Cash’ Business Owner Charged in $110 Million Scheme
By Masood Farivar
August 20, 2019 08:26 PM
Updated 12:10am EDT, Aug. 21
A California man accused of building a business empire by exploiting a controversial government-sponsored visa program for wealthy foreigners was arrested on Tuesday on charges of defrauding Chinese and other foreign investors seeking residency in the United States.
Thomas Henderson allegedly raised more than $110 million from more than 200 foreign investors seeking U.S. residency under the EB-5 visa program only to divert the funds into private investment projects, jeopardizing more than 2,000 jobs in northern California, according to a grand jury indictment unsealed on Tuesday.
Henderson, 70, and two accomplices – Kexing Hu and Cooper Lee – were charged with conspiracy to misappropriate foreign investor funds; lying to foreign investors about the use of their funds; and making false statements to the U.S. Citizenship and Immigration Service, the administrator of the EB-5 program.
Henderson and Lee were arrested Tuesday morning. Hu, who operated Henderson’s Shanghai office and solicited investors in China, remains at large.
The three face multiple charges of wire fraud, conspiracy to commit offenses against the United States and making false statements.
During an initial court appearance in Oakland, California, Henderson pleaded not guilty to the charges.
The indictment comes less than a year after Henderson agreed to pay more than $1.4 million in penalties to settle a fraud lawsuit brought by the Securities and Exchange Commission.
EB-5 program The EB-5 program was created by Congress in 1990 to promote economic growth and job creation in the United States by encouraging foreign investment. Under the program, foreign nationals may receive permanent residency by investing a minimum of $500,000 to $1 million in a U.S. business that creates at least 10 jobs.
In 2011, Henderson created the San Francisco Regional Center to solicit funds from foreign investors under the EB-5 program.
On its website, SFRC boasts that it is the only USCIS-designated organization in Northern California to have secured all its investors “conditional” permanent residency.
The indictment According to the indictment, from 2011 to 2016, Henderson and Hu raised more than $110 million from more than 200 primarily Chinese investors. The other investors were Indian and Vietnamese nationals.
The funds were supposed to go into seven new businesses that together promised to create more than 2,000 jobs in northern California. These projects included an acute care nursing facility, a warehousing business, and three call centers.
Instead, according to the indictment, Henderson diverted millions of dollars of investor money to buy commercial properties, a dairy product processing plant, a sausage company, and other unrelated projects.
The investors in six of the seven EB-5 projects have lost most of their investment money, and “many investors are unlikely to receive permanent legal residency because the…EB-5 projects in which they invested were not sufficiently capitalized and failed to create new jobs,” according to the indictment.
This is not the first major fraud case involving the EB-5 program. In 2017, Chicago hotel developer Anshoo Sethi was sentenced to three years in prison for fraudulently raising nearly $160 million from Chinese investors for a hotel project that never materialized. None of the investors received residency.
The visa program’s popularity in recent years has created a backlog of more than 34,000 applicants for the roughly 10,000 visas available every year. Chinese nationals now have to wait an average of 16 years to get an EB-5 visa.” https://www.voanews.com/usa/us-green-cards-cash-business-owner-charged-110-million-scheme
Removing the green card country cap will result in more buying of greencards: https://miningawareness.wordpress.com/2019/07/29/urgent-oppose-us-senate-bills-removing-green-card-permanent-resident-country-caps-increasing-per-country-family-joining-caps-increasing-green-card-giveaway-2/
“SAN FRANCISCO REGIONAL CENTER OWNER CHARGED IN $110 MILLION FRAUD SCHEME
BUREAU OF DIPLOMATIC SECURITY
AUGUST 21, 2019
Defendants Allegedly Exploited a United States Investment Program Thwarting the Creation of More than 2,000 Jobs in the Area
OAKLAND – A federal grand jury in Oakland indicted Thomas Henderson, Kexing Hu (a/k/a Peter Hu), and Cooper Lee on charges of conspiracy and wire fraud for their respective roles in a scheme to defraud investors in a jobs creation program administered by the United States Citizenship and Immigration Service (USCIS), announced United States Attorney David L. Anderson; U.S. Department of State’s Diplomatic Security Service (DSS) Special Agent in Charge Matthew Perlman; U.S. Homeland Security Investigations (HSI) San Francisco Special Agent in Charge Tatum King; and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.
The multi-count indictment, unsealed today, alleges that Henderson, 70, of Oakland; Hu, 40, of Ningbo, China; and Lee, 42, formerly of Oakland, conspired to misappropriate investor funds, to lie to foreign investors about the use of their funds, and to make false statements to USCIS in connection with the Employment-Based Immigration, Fifth Preference Category Program, referred to as the EB-5 visa program. The indictment also alleges that Henderson fraudulently abused the EB-5 visa program and jeopardized the creation of over 2,000 jobs in Oakland and surrounding areas.https://www.state.gov/san-francisco-regional-center-owner-charged-in-110-million-fraud-scheme/ More details supposed to be here, but we were unable to find them as of 7.15 am EDT (DC) time on August 22nd: https://www.justice.gov/usao-ndca