As per SEC's charges, Illinois-based Sethi created two entities, namely A Chicago Convention Center and Intercontinental Regional Center Trust of Chicago, and fraudulently sold more than $145 million in securities and collected $11 million in administrative fees from more than 250 investors primarily from China.
Sethi and his companies duped investors into believing that by purchasing interests in ACCC, they would be financing construction of the "World's First Zero Carbon Emission Platinum LEED certified" hotel and conference centre near Chicago's O'Hare Airport, SEC said.
"Investors were misled to believe their investments were simultaneously enhancing their prospects for US citizenship through the EB-5 Immigrant Investor Pilot Program, which provides foreign investors an avenue to US residency by investing in domestic projects that will create or preserve a minimum number of jobs for US workers," it added.
According to the SEC's complaint filed in US District Court for the Northern District of Illinois, the EB-5 programme enables foreign investors to possibly qualify for a green card if they invest $1 million (or $500,000 in a Targeted Employment Area with a high unemployment rate) in a project that creates or preserves at least 10 jobs for US workers, excluding the investor and his or her immediate family.
SEC's complaint further said that 29-year-old Sethi claimed to have "over fifteen years of experience in real estate development and management", while the project's developer was projected as having experience of more than 35 years of experience despite being set up only in 2010. Sethi and his companies have also been accused of falsely boasting to investors that they had acquired all the necessary building permits and that several major hotel chains had signed onto the project. They also provided falsified documents to US Citizenship and Immigration Services (USCIS) — the federal agency that administers the EB-5 program — in an attempt to secure the agency's preliminary approval of the project and investors' provisional visas.
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