Friday, August 8, 2025

EB-5 Fraud (Eb-5欺诈, EB-5詐欺, Eb-5 사기)

Recently, I started helping my relatives in China with an EB-5 matter that's becoming increasingly common nowadays: EB-5 fraud, where an EB-5 company takes money from Chinese clients for an investment like building a bridge or a building and promising a return plus getting a green card to the U.S. years in the future......and then never delivers the funds, or embezzles the funds, claiming the investment just didn't pan out and the money's now gone, conveniently. There are so many scams out there now like Bitcoin scams, mysterious messages saying that I owe money for running a toll that I never used, etc., but the EB-5 scam is kind of a classic one of getting investors to invest with promises of high returns but not delivering, much like the pyramid schemes and Ponzi schemes of the early 20th century or even closer to the Bernie Madoff schemes in the 2000s. Unfortunately, it's common because Chinese investors don't know the law here in America, they make the investment without fully appreciating the risk, figuring it's worth it to take the risk if they get a green card in the end. (I guess the green card for permanent residence in America, as much as current residents complain about it here, is still worth something to America, often a LOT of money like $500,000 per green card). Plus there's a language barrier, a culture barrier, the EB5 company holds all the cards because they receive the money and the investors don't know what legal channels to pursue, etc. Oh and then there's the matter of a lot of Chinese people coming into great wealth in the last 20 years or so, and they gotta put their money somewhere, so they want to come to America! For any future investors: don't be like my relatives, not consulting an attorney before investing, but once there are signs of trouble, finally consulting attorneys to see what can be done. Know all the risks BEFORE you put the money in. My relatives also have the mistaken assumption that all attorneys in America can handle pretty much everything (I guess attorneys have this reputation in America too as most don't understand what attorneys do). Just like you wouldn't go to a dermatologist or psychiatrist to handle your open heart surgery, you can't just go to any attorney for any legal problem. There are specialties, especially differences between litigation and transactional, criminal law and civil law, Intellectual property versus family law, etc. It's not a one-size-fits-all profession, but alas that's one of the downsides of going to law school and becoming a lawyer: all friends and family now just assume you know every law there is (lawyers don't know every single law out there, we learn how to interpret the law and argue about the law to help the client), how to handle any type of legal situation, what to do if they end up in jail and need to be bailed out. Through questions from distant relatives I've learned quite a lot about trademark law and immigration cases and now EB-5 fraud, which I'm happy to volunteer to do, but I know for sure I'm not providing the best legal representation out there. I'm just a normal dude with "Esq" at the end of his title and a State of California Bar number.

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