Kushner Companies EB-5 Activities Reported by Reuters and NY Times May Constitute Securities Fraud

As has been widely reported, Kushner Companies recently put on a roadshow to market to Chinese investors a New Jersey real estate project called One Journal Square. The investments are structured such that investors may qualify for green cards through the EB-5 program, which requires a minimum $500,000 investment resulting in the creation of at least 10 U.S. jobs.

Initial reporting about the roadshow led the Kushner Companies to apologize for boasting about their ties to White House adviser Jared Kushner during the roadshow. “In a sector where investors are wary of failing projects and policy changes that would jeopardize their visas,” writes Alexandra Harney for Reuters, such boasts are meant to “reassure potential investors their EB-5 projects will be successful.”

Reuters and the New York Times are now reporting that Kushner Companies’ activities may have crossed the line from boasting to misrepresentation. This perhaps makes the company vulnerable to charges of securities fraud by the U.S. Securities and Exchange Commission (SEC).  Specifically, advertisements by the company’s marketing agent in China contain multiple misrepresentations about the safety of the investment.

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SEC Says Chicago Convention Center EB-5 Project Fraudulently Sold $145 Million in Shares to Chinese Investors

Anshoo_SethiThe Securities and Exchange Commission (SEC) last week charged that Anshoo R. Sethi fraudulently sold more than $145 million in securities and collected $11 million in administrative fees from more than 250 investors, primarily from China. Sethi is alleged to have duped investors into believing that by purchasing interests in a company known as “a Chicago Convention Center” (ACCC), they would be financing construction of a hotel and conference center near Chicago’s O’Hare Airport. The investment was marketed as a way for the investors to get green cards through the EB-5 immigrant investor program. Continue reading “SEC Says Chicago Convention Center EB-5 Project Fraudulently Sold $145 Million in Shares to Chinese Investors”