美國證監會起訴芝加哥會議中心項目方

美國華盛頓時間2013年2月8日,美國證監會發布公告，經過證監會與移民局通力合作，爲保護目前和未來移民投資人的合法權益，根據證監會本周早先的控訴，和隨後美國北伊利諾依州地區法院的緊急法院令，對芝加哥會議中心(ACCC)、芝加哥洲際信托基金區域中心(IRCTC） 和 Anshoo R.Sethi先生的(以上三方簡稱"項目方")資産進行凍 ,並叫停此投資移民項目的推廣，與此同時移民局對此項目停止審批。

美國證監會表示，將繼續對此項目進行深入調查,並尋求法庭永久禁令和相關經濟懲罰/補償。項目方賬戶中的1.45億美元的EB-5投資移民投資款已全部凍結，並且要求Sethi先生歸還所有已使用/彙出的發行費。

Anshoo R.Sethi 先生成立ACCC和IRCTC，借助虛假信息已經向超過250名主要來自中國的EB-5移民投資人融資1.45億美元和收取1100萬美元發行費，以在芝加哥O'Hare機場附近建設所謂＂世界第一個零碳排放白金LEED環保認證＂酒店會議中心。

世貿通集團根據2月6日美國證監會控訴文件，獲知芝加哥會議中心項目方在以下7個方面欺騙和誤導EB-5移民投資人和移民局:

1. 與喜達屋酒店、洲際酒店和凱悅酒店的合作協議存在不實表述和欺詐。喜達屋(Starwood)和洲際酒店(Intercontinental)與Sethi先生的合作協議分別在2009年和2010年終止，與凱悅酒店(Haytt)的合作協議純屬僞造。

2. 項目方在芝加哥沒有取得正式建設許可的情況下，虛假陳述成已取得項目建設許可。

3. 項目方注入項目的土地估值嚴重高估。2008年以不足1000萬美元購買的2.8英畝土地估值爲1.77億美元作爲對項目的股權投入，爲了避稅該地塊曾估值爲60萬美元。證監會文件提到,在2011年，該會議中心地塊附近的一塊20英畝含基本設施的土地，僅以770萬美元出售。

4. 對Sethi先生和開發商的資曆不實描述。虛假陳述29歲的Sethi先生有超過15年的地産開發和管理經驗特別是在酒店行業，表述2010年才成立的開發商有35年的行業經驗。

5. 發行文件虛假編造將獲得伊利諾依州政府的約3.4億美元的支持，並在移民局提出補件要求(RFE)時，提供僞造支持文件給移民局。

6. 發行文件許諾I-526沒通過就返還發行費。Sethi先生在I-526沒有獲得通過的情況下，擅自使用了1100萬元管理發行費絕大部分（其中250萬美元直接彙入Sethi先生的香港私人賬戶），發行費賬戶只剩不足100萬美金。

7. 就業預估是建立在高估注水的資本花銷預算和不現實的收入預估基礎上，就業最終將難以實現。芝加哥會議中心預估酒店建築成本爲每間客房74萬美元，如果算上土地成本，每間客房成本近92萬美元。這遠遠超過美國平均每間客房21萬美元—61萬美元的成本範圍。酒店營業收入預測是建立在酒店995間客房全年100%入住率，每晚房價近300美元的假設基礎上，這樣的假設非常不現實。

美國證監會公告（含控訴原文）網頁：http://www.sec.gov/news/press/2013/2013-20.htm

作爲一個負責任的企業，世貿通集團將繼續與美國方面保持密切聯系，嚴密關注事態的發展，及時將美國證監會丶美國移民局及北伊利諾伊州地區法院的處理結果告知投資者。詳細情況歡迎來電咨詢。

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