美国华盛顿时间2013年2月8日,美国证监会发布公告，经过证监会与移民局通力合作，为保护目前和未来移民投资人的合法权益，根据证监会本周早先的控诉，和随后美国北伊利诺依州地区法院的紧急法院令，对芝加哥会议中心(ACCC)、芝加哥洲际信托基金区域中心(IRCTC） 和 Anshoo R.Sethi先生的(以上三方简称"项目方")资产进行冻 ,并叫停此投资移民项目的推广，与此同时移民局对此项目停止审批。
美国证监会表示，将继续对此项目进行深入调查,并寻求法庭永久禁令和相关经济惩罚/补偿。项目方账户中的1.45亿美元的EB-5投资移民投资款已全部冻结，并且要求Sethi先生归还所有已使用/汇出的发行费。
Anshoo R.Sethi 先生成立ACCC和IRCTC，借助虚假信息已经向超过250名主要来自中国的EB-5移民投资人融资1.45亿美元和收取1100万美元发行费，以在芝加哥O'Hare机场附近建设所谓＂世界第一个零碳排放白金LEED环保认证＂酒店会议中心。
世贸通集团根据2月6日美国证监会控诉文件，获知芝加哥会议中心项目方在以下7个方面欺骗和误导EB-5移民投资人和移民局:
1. 与喜达屋酒店、洲际酒店和凯悦酒店的合作协议存在不实表述和欺诈。喜达屋(Starwood)和洲际酒店(Intercontinental)与Sethi先生的合作协议分别在2009年和2010年终止，与凯悦酒店(Haytt)的合作协议纯属伪造。
2. 项目方在芝加哥没有取得正式建设许可的情况下，虚假陈述成已取得项目建设许可。
3. 项目方注入项目的土地估值严重高估。2008年以不足1000万美元购买的2.8英亩土地估值为1.77亿美元作为对项目的股权投入，为了避税该地块曾估值为60万美元。证监会文件提到,在2011年，该会议中心地块附近的一块20英亩含基本设施的土地，仅以770万美元出售。
4. 对Sethi先生和开发商的资历不实描述。虚假陈述29岁的Sethi先生有超过15年的地产开发和管理经验特别是在酒店行业，表述2010年才成立的开发商有35年的行业经验。
5. 发行文件虚假编造将获得伊利诺依州政府的约3.4亿美元的支持，并在移民局提出补件要求(RFE)时，提供伪造支持文件给移民局。
6. 发行文件许诺I-526没通过就返还发行费。Sethi先生在I-526没有获得通过的情况下，擅自使用了1100万元管理发行费绝大部分（其中250万美元直接汇入Sethi先生的香港私人账户），发行费账户只剩不足100万美金。
7. 就业预估是建立在高估注水的资本花销预算和不现实的收入预估基础上，就业最终将难以实现。芝加哥会议中心预估酒店建筑成本为每间客房74万美元，如果算上土地成本，每间客房成本近92万美元。这远远超过美国平均每间客房21万美元—61万美元的成本范围。酒店营业收入预测是建立在酒店995间客房全年100%入住率，每晚房价近300美元的假设基础上，这样的假设非常不现实。
美国证监会公告（含控诉原文）网页：http://www.sec.gov/news/press/2013/2013-20.htm
作为一个负责任的企业，世贸通集团将继续与美国方面保持密切联系，严密关注事态的发展，及时将美国证监会丶美国移民局及北伊利诺伊州地区法院的处理结果告知投资者。详细情况欢迎来电咨询。
Worldway Group’s Statement2013-02-09
Feb. 8th, 2013 (Washington time), SEC announced the charge and asset freeze against A Chicago Convention Center,LLC (“ACCC”), Anshoo R. Sethi (“Sethi”) and Intercontinental Trust Center of Chicago, LLC (“IRCTC”) (thereafter as “ACCC Parties”). SEC announcement and complaint can be found in SEC website, http://www.sec.gov/news/press/2013/2013-20.htm.
The charge shocked the EB-5 industry around the World. As one of leading investment immigration organization in China, Worldway Group soon received many enquiries from media, EB-5 investors and people in the EB-5 industry. In order to better respond the enquiries, Worldway Group issues following statement:
1. Worldway Group has ceased the cooperation with ACCC Parties since Oct. ,2011
In August, 2011, Worldway Group was given the title, by ACCC Parties, of the Premier Agent in China to promote the ACCC project in China; in September Worldway was invited to participate in ACCC project’s kick-off ceremony in China, and initiated the ceremony together with state governor of Illinois and Mr. Sethi. During the follow-up review of Worldway Group’s EB5 project team, however, Worldway found many questionable issues in the project, which were quite different from the five advantages that ACCC Parties claimed. As a result of ACCC Parties’ failure to provide convincing evidence to resolve the suspicions, in October, 2011 Worldway called a meeting with Mr. Sethi to terminate the cooperation agreement as the Premier Agent and cease to promote ACCC project in China.
2. The decision to cease cooperation with ACCC Parties was based on Worldway’s independent research and was responsible to Worldway’s clients involved
After ACCC project’s kick-off event in September, 2011, Worldway Group EB-5 project team continued the follow-up review process. It resulted in raising five questionable issues as follows:
a. ACCC Parties’ claimed equity investment was overstated. As ACCC Parties claimed to inject 3.2 acre land (it is actually 2.8 acre as we see right now) worth $177 million as the equity investment for the project. The price to a challenge to common sense and ACCC Parties couldn’t provide any formal appraisal report regarding land’s value when Worldway asked it for review.
b. The claimed land’s title hadn’t transferred to the EB-5 project company ACCC. Worldway Group found out that the land was owned by Mr. Sethi and another company of his father. At the beginning Mr. Sethi made a promise to Worldway Group to transfer title to ACCC as equity investment, but later he refused to act so with the excuse that his father didn’t agree to do so unless all EB-5 proceeds in escrow account.
c. ACCC Parties couldn’t provide any official document to prove the government financial support. ACCC Parties claimed that government would invest 50% of ACCC project budgeted cost, however, they couldn’t provide the official document from government till the end.
d. The ability and experience of Mr. Sethi and his father in hotel operation were questionable. Worldway found out, Mr. Sethi and his father had a hotel in the land and operated poorly. It was a huge different to their boasted ability to develop and operate the world’s First Zero Carbon Emission Platinum LEED certified conference center with 5 luxury hotels totaling 995 guest rooms.
e. Construction cost budget was overstated. Based on the cost budget and room number in offering documents, Worldway Group found out as the same to SEC’s charge: average building cost per guest room was about $740,000, counting the land value, it would be more than $900,000 per guest room. To Worldway’s knowledge, It was the upmost expensive hotel (but not the most luxury and at the best location) among all EB-5 hotel projects. Worldway believed that economic report was based on overstated data and there would be a potential problem achieving the job creation 1.73 times EB-5 legislation required as economic report indicated.
These five questionable issues raised by Worldway Group in Oct., 2011 are proved to be real problems according to SEC’s charge on Feb. 6, 2013 which has much more detailed allegation in above issues and others.
3. NO WORLDWAY’S CLIENT HAS BEEN IN ACCC PROJECT SINCE LATE 2011
After calling off the cooperation with ACCC Parties in Oct., 2011, Worldway’ subsidiary companies communicated the Worldway’s clients who invested in the ACCC project and recommended them to withdraw from the project. Worldway’s communication won the understanding and support of involved clients, and all of them withdrew their investment capital and admin fee out of ACCC project. There has been no client from Worldway in ACCC project since late 2011.
4. EB-5 program will have better future
SEC’s action, with USCIS’ substantial support, is to protect EB-5 investor’s best interest. It is good for the long-term development of EB-5 program, so it is welcomed by the China’s EB-5 industry and Worldway Group.
SEC’s charge demonstrates that EB-5 program is well regulated in US, EB-5 investors’ interests are protected by the US law; any fraud committed to investors will be caught and punished by law and enforcement.
This legal action is a wake-up call to prevent misconducts trying to take advantage of foreign EB-5 investors. Worldway Group believes there will be more good quality investment projects coming to EB-5 program.
5. Worldway Group will continue to follow up the progress of SEC’s legal action
On Feb. 8, 2013, Illinois District Court issued the emergent restraining order and asset freeze order to protect $145 million EB-5 investment capital; Since Mr. Sethi used or transferred vast majority of $11million refundable admin fee of investors, leaving less than $ 1 million in the account while there has been no I-526 approval granted from USCIS yet, In complaint filed with Illinois District Court SEC is requesting court order to demanding ACCC Parties to return all the transferred assets back to US domestic bank. USCIS has already put a halt to ACCC project’s adjudication. Among about 250 duped investors, most are Chinese investors. Worldway Group will continue to follow up the progress of the case.
About Worldway Group
Worldway Group, established in 1998, is a leading investment immigration organization in China. It has long been promoting investment immigration program to USA, Hong Kong, Macau, Singapore and European countries. For more information, please visit Worldway’s website http://www.worldwayhk.com/en/aboutworldway.html