Warning to EB-5 Marketers: China's Supreme People’s Court issued the “Supreme People’s Court on the Trial of Criminal Cases of illegal Fund-Raising Number of Issues Specific Interpretation of Application of the Law”
EB-5 Regional Centers, consultants, attorneys need to be updated on this latest legal developments in China, Mr. Jason Lee, member of the Board of Directors of Beijing Exit-Entry Service Association and policy adviser to Beijing exit-entry authority, Mr. Walter Huang, a Chinese securities and PE expert, Ms. Gillian Shuang, principal of PKF China, and Mr. Lu Sun, VP of MasLink Group, will analyze the new legal interpretations by the Chinese high court at our New York City EB-5 Seminar on January 25, 2011, click to register today. This is a rare opportunity to exchange ideas with experts from China.
The detailed legal interpretation specifically target various illegal fundraising and PE activities conducted by various unlicensed and unregistered agents without proper licence, including brokers and entities from foreign countries. It also addresses the issues of misinformation, mis-representation, and misuse of public media to illegally attract investors in China. The interpretation will have great implications and impacts on EB-5 regional center that are seeking Chinese investments through marketing activities in China.
(Source: China Daily Jan 5, 2011)
To further curb illegal fund-raising and crack down on criminals, the Supreme People's Court and the China Banking Regulatory Commission implemented a new judicial interpretation for trials of such cases. On January 4, 2011, China's Supreme People’s Court issued the “Supreme People’s Court on the trial of criminal cases of illegal fund-raising number of issues specific interpretation of application of the law.”
The number of illegal fund-raising cases in China has been rising since 2008, with about 5,400 suspects arrested in 5,000 cases, a senior police officer warned on January 11, 2011. Liu Dong, deputy director of the economic crime investigation department under the Ministry of Public Security, said police across the country had recovered losses of more than 12 billion yuan ($1.8 billion) from these cases. From 2005 to June 2010, police investigated 10,000 illegal fund-raising cases involving about 100 billion yuan., he said. "Due to the current domestic and international economic environment, the number of cases is still increasing, with an annual rise of 2000 cases and 20 billion yuan of illegally raised funds," Liu told a press conference. "We expect the growth rate of such illegal fund-raising cases and the risks caused by these crimes to remain high in the next few years." The standards will be considered in deciding punishments. Officials also said fund-raising crimes usually involve many victims and tend to result in mass incidents and petitions by the victims. According to the top court, many major illegal fund-raising operations were carried out under the guise of legal companies and projects to entice people to invest.
Mr. Su is a leading expert and advisor on EB-5 marketing in Asia and China. He operates the EB-5 China Marketing and Field Support Center, he is also the president of EB-5 China Market Council. Mr. Su has successfully introduced over a dozen of EB-5 regional center investment projects to China this year, and nearly 5000 job creations commitment has been resulted due to his efforts. Mr. Su has been interviewed by China Daily, Financial Times, South Morning China Post, Reuters News, News Week and other major media. He runs a popular EB-5 blog at
Mr. Wright is considered one of the foremost experts on the EB-5 Immigration Visa program. As an accomplished researcher, analyst and professional author, Kevin has assisted many entrepreneurs in receiving Regional Center designation and subsequent approval of the specific projects that are developed and put into operation through the Regional Center mechanism. As an IMPLAN software specialist, Kevin has authored numerous econometric analysis, in many divergent industries, that demonstrate the employment and economic impacts of these various projects to the USCIS. The Regional Center application process requires Kevin to have an expertise in business plan writing, private placement composition, econometric analysis, complexities of government reporting requirements all coupled with the “hands on” experience necessary to successfully work within this highly specialized industry. Wright Johnson LLC has filed over 20 regional center applications with USCIS with a 100% success rate in the client receiving Regional Center designation. Topics: EB-5 Regional Center Planning, Formation, Project Development & Job Creation Requirements
Mr. Sun is a former financial advisor with Citi Smith Barney and Edward Jones; he is highly experienced and knowledgeable in EB-5 project selection and marketing. He offers frequent workshops to Chinese high net worth individuals on asset management and investment. Mr. Sun is a Beijing native and graduate of the University of Illinois at Chicago. He is responsbile for the company's US business division. Mr. Lu spent average eight months a year in China promoting EB-5 regional center projects to Chinese investors. MasLink Group is a licensed and bonded migration consulting firm headquartered in Beijing, with offices in major Chinese cities such as Shanghai, Hangzhou, Chongqing. The firm organized the US Immigration and Investment (Beijing) Forum 2009 where over 30 US investment projects were showcased for the first time Chinese investors. Topics: Understanding Investors Characteristics and EB-5 Project Structure
Mr. Huang has a number of years private equity investment and investment banking experience, especially has strong expertise in investing in Chinese companies and taking Chinese companies public in North American stock markets. He led the whole process of the public listing of China Wind Power International Corp
Ms. Park is the Principal Attorney of Law Offices of Julia Park, LLC, with offices in New York City and Englewood, New Jersey. She is also Of Counsel to Levitt & Needleman, PC, a 30-year immigration law firm located in New York City. Ms. Park provides immigration legal services to businesses and individuals in the Greater New York area. Ms. Park’s immigration practice has a strong EB-5 focus and she is a frequent speaker on the topic. Most recently she spoke at the AREAA (Asian Real Estate Association of America) New York Chapter meeting on the Nuts & Bolts of the EB-5 Investment Visa (September 2010) and the HSBC EB-5 International Business Opportunities Seminar (November 2010). Ms. Park has been invited by a major international bank to serve as its outside immigration advisor to its new EB-5 Service Team which will be announced in the first quarter of 2011. The new team will be servicing the bank’s select group of private banking clients in Asia who are interested in the EB-5 program. Before founding her own firm, Ms. Park was a corporate attorney at Cravath, Swaine & Moore, LLP in New York City where she represented JPMorgan and Goldman Sachs in registered and 144A securities offerings, including convertible and investment grade debt offerings. Ms. Park also advised foreign clients on US registration issues and interacted with regulatory agencies including FINRA and NYSE on behalf of clients. Ms. Park received her JD from Boston College Law School, magna cum laude, Order of the Coif; her MA from the Graduate School of Interpretation & Translation, Hankuk University of Foreign Studies in Seoul, Korea; and her BA from Sogang University, cum laude, also in Seoul, Korea. Topics: USCIS Immigration Law, EB-5 Legal Issues and Korean Market Update
Mr. Terwilliger specializes in complex multiparty escrows, including working with many Regional Centers to streamline their EB-5 escrow administration process.