The EB-5 program is an immigration opportunity for immigrant-investors who are able to invest at least $500,000 into a certified project in the United States. Unfortunately, while successful in many regards, the EB-5 program has been frequently exploited by those looking to profit off eager immigrant-investors. Investors from China constitute a large percentage of both EB-5 applicants and those who succeed in obtaining visas.
The attorneys at DGW Kramer LLP have significant experience representing defrauded EB-5 investors. We have represented investors in failed or fraudulent EB-5 projects across the United States, from Washington State to Florida to California, among others. Successful litigation of EB-5 fraud cases requires experience and careful strategic assessment.
The first step in pursuing an EB-5 litigation claim is to evaluate the specific facts and circumstances. Each EB-5 project is structured differently and will involve its own investment documents, target project, assets, number of investors, and other issues. Some EB-5 claims can be resolved in negotiation before a lawsuit is filed. Other times, it is necessary to pursue civil claims in state or federal court in the United States. At times, law enforcement may become involved as well, either through criminal prosecution of the fraudsters or regulatory enforcement.
Many EB-5 lawsuits are pursued on behalf of a group of investors, in a collective action. We have experience handling large collective action cases on behalf of defrauded EB-5 investors. A collective action is a valuable tool for defrauded EB-5 investors, as it allows a group of individuals to pool their resources to pursue justice.
At DGW Kramer LLP, our litigation attorneys work closely with our immigration team to understand the potential immigration impacts of pursuing an EB-5 litigation claim based on each investor’s own circumstances.