加拿大华人论坛 加拿大留学移民美国投资移民 - Feds accuse developers of 'Ponzi-li
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Crain's) The Securities and Exchange Commission has sued the partners in three suburban condominium developments, alleging they ran a “Ponzi-like” scheme and spent some of the $14.4 million they raised from investors on expensive vacations, cars and other personal expenses. Developer Marcin Malarz and his partners raised the money to convert apartment buildings in Buffalo Grove, Lombard and Elk Grove Village into condominiums, but they ran into trouble as the condo market crashed, with at least two projects ending up in foreclosure. In addition to using the money for unauthorized purposes, the developers misled investors by overstating their net worth and making the investments seem safer than they were, according to the SEC suit, filed Monday in U.S. District Court in Chicago. The SEC filed the fraud suit against Mr. Malarz, 36, formerly of Lake Forest, Jacek Sienkiewicz, 44, formerly of Highland Park, and Arthur Lin, 47, of Barrington. Mr. Lin's wife, Gloria, 41, also of Barrington, is charged with receiving unauthorized commissions. Attempts to reach Mr. Malarz, Mr. Sienkiewicz and the Lins were unsuccessful. Messrs. Malarz and Sienkiewicz are believed to be living in Eastern Europe, according to the suit. The developers promised investors annual returns of 12% to 50% from condo sales, telling them their investments were safe because they were personally guaranteed by Mr. Malarz and in some cases Mr. Sienkiewicz, the complaint says. The developers also granted some investors mortgages on the properties but didn't disclose that the mortgages were subordinate to those granted to banks, according to the SEC. Mr. Malarz used at least $3.4 million of the money to cover personal expenses, including the cost of maintaining “his multi-million-dollar home in Lake Forest” and sending his children to a “prestigious school,” the complaint says. The SEC also alleges he spent investor money on multiple trips to Poland, a Cancun vacation, lease payments on his BMW and his health club dues. In addition, Mr. Malarz used $1.96 million in investor money to make Ponzi-like payments to previous investors, according to the complaint. The Lins are not accused of using investor money for personal expenses or of making Ponzi-like payments. The developers raised the money for projects including the 404-unit Willow Lake Apartments in west suburban Lombard and the 96-unit Burton Grove Apartments in north suburban Elk Grove Village, which was hit with a foreclosure suit a few years ago. Another condo conversion, the 154-unit Buffalo Creek Apartments in northwest suburban Buffalo Grove, was repossessed by BMO Harris Bank and recently sold to an investor that runs it as an apartment building. Related story: Investor buys out residents in failed suburban condo project By early 2009, the projects were running out of money and the developers stopped making payments to their banks and investors, the complaint says. In June 2009, the lenders appointed a receiver on the properties and started foreclosure proceedings, according to the suit. “Many of these schemes start off with good intentions and then spiral out of control, and when the managers start to get behind in their payments, it is ripe for fraud,” says Josh Kons, a lawyer with Chicago-based Eccleston Law Offices P.C. Eccleston, which specializes in representing victims of investment fraud, is not representing any of the parties or investors in the SEC case. The SEC demands repayment from Mr. Malarz of $6.71 million, from Messrs. Malarz and Sienkiewicz of $7.67 million and from Mr. and Ms. Lin $436,000. In October the Illinois Securities Department banned all the parties involved in the case from offering or selling securities in or from Illinois Read more: http://www.chicagorealestatedaily.com
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回复: Feds accuse developers of 'Ponzi-like' scheme不出5年，很多现在的EB-5项目都有被SEC调查的下场。投资人可以保留中介给的项目宣传资料。如果投资出了问题，跑了和尚（中介）跑不了庙（项目开发商）。我现在给我的开发商客户的建议是，一定要保证绿卡，一定要有能力还钱。小心5年后投资人来起诉。 现在大部分EB-5项目的宣传都是违反SEC的规定的。要被调查，几乎没有项目可以幸免的。
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回复: Feds accuse developers of 'Ponzi-like' scheme我看那些合同都说用eb5 资金成立的基金公司不受SEC的监管
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回复: Feds accuse developers of 'Ponzi-like' scheme向非美国人招募的证券和基金，根据1933法律的Regular S免于登记。 政府债券也免于登记。
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不理闲事，不听废话，低头做事，抬头看路！均属个人观点，与所在机构无关我看那些合同都说用eb5 资金成立的基金公司不受SEC的监管点击展开...私募要保留不受SEC监管的资格，就是不能指名道姓地在公开场合推销私募。 如果这样，就违反了EXEMPTION的规定。不管是项目方，还是中介，都要受到这个制约。这也是为什么很多EB-5项目，投资人看不到。因为项目方不公开推广。 How can this still qualify as a private offering under SEC rules when so much detailed information (offering amount, returns, project location, etc) has been made public?
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回复: Feds accuse developers of 'Ponzi-like' scheme哈哈，原来已经在打擦边球了。
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回复: Feds accuse developers of 'Ponzi-like' scheme私募要保留不受SEC监管的资格，就是不能指名道姓地在公开场合推销私募。 如果这样，就违反了EXEMPTION的规定。不管是项目方，还是中介，都要受到这个制约。这也是为什么很多EB-5项目，投资人看不到。因为项目方不公开推广。点击展开...请你明确“公开场合”和“公开市场”的意思和区别。私募不能在公开市场募集，而不是不能在公开场合募集。这句话的意思是：我可以在大街上发传单拉人签百万千万，但不可以在股市债市发行一分一厘。
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