SEC Scrutiny of EB-5: Proactivity by the Commission Continues

The SEC’s first truly proactive enforcement effort against an EB-5 project began a little over a year ago (February 6, 2013) when the Commission sought and obtained a temporary restraining order and asset freeze against Anshoo R. Sethi, A Chicago Convention Center, LLC (ACCC) and Intercontinental Regional Center Trust of Chicago, LLC (IRCTC) for their roles in raising approximately $158 million dollars from close to 300 EB-5 investors as part of a fraudulent offering. On April 19, 2013, the Court granted the Commission’s motion to return to investors the entire $147 million of principal that had been frozen pursuant to the SEC’s motions.  The only remaining dispute involved some $11 million in “administrative fees” paid by the investors, which were the only funds remaining to be returned …