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Huge Chicago EB-5 Multi-Hotel Project Under Scrutiny by Investors

 

Several Chinese agents and investors are calling into question the claims being made by a new EB-5 Visa Regional Center, The Intercontinental Regional Center Trust of Chicago.

Many are calling this project the new Atlantic Yards due to the extremely large size of the offering ($249.5 million) and the claims being made by its promoters and migration agents in China. The agents need to heavily promote issues of this magnitude in order to raise such an exceptionally large offering (most EB-5 visa project offerings are under $50 million) in a very short period of time. 

In order to raise this much capital from an extremely large number of investors (499), the migration agencies in China and elsewhere often make exaggerated claims to meet their quota. If successful, they can earn well over $100,000 - $150,000+ for each investor ($45,000 from the subscription fee plus a percentage of the loan collected by the General Partners).

The Chinese investors are not aware that these agents are collecting such large fees. It is not disclosed to them, and most foreign investors believe that these migration agents are paid only a very small amount ($5,000) and are working on investors' behalf. 

Not all agents and agencies in China operate this way, however, and several agents who we've spoken with are extremely concerned about projects of this size and the claims being made in order to convince so many Chinese citizens to invest in potentially risky projects without full disclosure of the fees being paid to them by promoters in the U.S. These large offerings have a secondary effect of squeezing out smaller scale projects which may have a higher probability of success when it comes to job creation and return principal but cannot compete with the resources of larger, better funded regional centers that pay higher fees in the overseas market for investors. 

This trend is conditioning the overseas market to promote only larger projects in order to justify the expense and effort necessary to promote offerings of this size and to collect the larger finder's fees. Large projects do not necessarily have a higher rate of failure if they're well capitalized, managed, and structured, but the issue is that potential investors may not be presented with the smaller scale investment opportunities if the EB-5 regional centers with smaller projects cannot justify the large upfront expenses and high investor acquisition costs necessary to raise capital overseas for their smaller offerings. 

The Project

EB5 Visa project Chicago Convention Center

The proposed project, to be known as the Chicago Convention Center, will be the first Zero Carbon Platinum LEED accredited and 100% allergen-free convention center complex in the world. All guest rooms will be improved with state-of-the-art technology.

The center will include five upper/up-scale hotel brands in three towers. The first tower is a 17-story Starwood Element, which will contain 321 guest suites plus 15 conference suites for a total of 336 rooms. The second tower is comprised of a 19-story, 209-room IHG Hotel Indigo and 154-suite Staybridge Suites. The 14-story third tower will contain a Hyatt Place with 148 rooms and a Hyatt Summerfield Suites with 148 rooms.

The property will include four floors of convention space with a total of 290,000 square feet, all of which will be connected across the lower levels of all three towers. A total of 55,000 square feet will be allocated for restaurants, lounges, and bars throughout the complex. A 1,720-space automatic robotic parking structure will lie below the convention center/hotel complex aligned beneath the second tower. The development will also feature the largest guest accessible hotel green-roof complex in the country, containing almost an acre allocated for a spa, a yoga studio, a bar/lounge area, and a miniature golf course. A total of 995 rooms are proposed, of which 786 will be suites.

Completion of the project is scheduled for January 2014 and ownership forecasts that stabilized occupancy valuation will occur as of January 1, 2018.

This "Investment Analysis" PDF provides even more details.

Location

eb5 visa project map

The proposed convention center/hotel complex will sit on land consisting of three contiguous sites situated at 8161, 8171 and 8211 West Higgins Road in Chicago’s O’Hare Airport submarket. The sites are zoned for hotel use and have been approved for a total maximum of 995 guest units (rooms/suites). Lot 1, situated at 8161 West Higgins Road, contains 41,224 square feet; Lot 2, situated at 8171 West Higgins Road, contains 38,961 square feet; and Lot 3, situated at 8211 West Higgins Road, contains 41,906 square feet. The total land area is 122,091 square feet, or 2.80 acres.

eb-5 visa map

 The Principals and the Deal (Part 1)

Eb5 Principal Anshoo Sethi

Although the personal Website belonging to Anshoo Sethi, the 28-year-old regional center principal, states that he comes from a "three-decade-old family business of hotel development," Crain's Real Estate Daily reported in 2009 that the family has "never developed a hotel."

The Crain's article also states that Sethi was "in final negotiations with a lender to finance the first phase of the project" back in 2009. Now he's planning to use EB-5 capital.

Documentation from Starwood Hotels, IHG Intercontinental Hotels Group, and Hyatt confirm Sethi's intention to develop the property.

China and the Deal (Part 2)

The following translations are very rough, so make of them what you will. This one, which comes from USTinfo, states the following:

EB-5 investors are offered a fixed return of 1% per year total $ 25,000, but also can participate in the hotel business after the completion of 3 years and 5 years of dividend income after equity value-added benefits.
Conference Center consists of five international luxury hotel brand to enter, to share their brand's global customer base! When the hotel room occupancy rate of 42% can be profitable, a conservative estimate, the conference center is completed, the occupancy rate of 80% over three earnings are tax-free.
Every five years the average middle-aged investors an average return of 10.5% investment return.
Security I: This project re-financing capacity, lower cost of capital finance, the top hotel brand to join, low cost, zero carbon hotel and O'Hare Airport completed After steady growth in the expansion of high-end tourists combination of factors, such as the refinancing of the project greatly enhanced the ability of public financing;
Security II: 100% of the shares pledged developers for the first principal repayment of EB-5 investors and dividend income and the developer several times with EB-5 investor equity pledge to protect investors be repaid principal and return on equity;
Protection III: $ 1.19 billion valuation of all assets as collateral. The valuation of the largest commercial real estate company by the United States to assess IRR, also won the Illinois state government and the Chinese Embassy's certification.
Advantage 4: --- 3-year repayment guarantee repayment starting in the EB-5 investment projects were approved by the USCIS received I-829 permanent green card status for 100 days, will receive 50 million investment in 10% of paragraph (5 million U.S. dollars) of principal returned the following year received the same day a further 10% of investment fund ($ 50,000) principal amount of the return, the remaining 80% of the principal ($ 400,000) will return the same day the first five years (investors can choose to continue to hold shares)

And if you understand Chinese, here's a promotional video for the project on YouKu, China's version of YouTube. The regional center has also published projected returns on investment and job creation numbers for its Chinese audience. 

 

eb5 visa chicago projections

Promotion in China

Several agencies are promoting this project in China. Worldway, The Shanghai International Service Trade Group Overseas Affairs, and Asia, The United States, and Europe are but a few. 

eb5 visa promotion China

The Governor of Illinois, Pat Quinn (above on right), and other representatives from the State of Illinois (pictured below) are also helping promote the project.

Chicago convention eb5

Viewpoints from Prospective Chinese Investors

Here's what one Chinese investor had to say about the project (rough translation):

The project is very big risk and unsafe; excellent location in the current Chicago's McCormick Convention Center Rosemont near the international airport and convention center business is tepid, the last two years many large-scale exhibition to give up all the Chicago market, as convention centers must arrangements with trade unions and workers exhibit all the museum, the cost is very high, the Chicago conference market is very low, the hotel occupancy rate is low; and then build a new convention center is more blind; location of the project is not satisfactory, do not rely on the airport, do not suffer city, if people came to Chicago will be very aware of its real location, the name of the Chicago Convention Centre fool nothing good sign. The consular certification and state Office of Secretary of State Jesse White's certification documents can only be true or false only, can not explain other problems, spend money to do, and very, very simple, only flicker of China's nothing stupid investors. This is a very large project, the name of government-backed signs, but the risk is high and the reality derail the project. Illinois state government brink of financial crisis, Gov. Pat Quin last week laid off one thousand state government has threatened civil servants, was the largest civil service union AFSME (U.S. federal, state and municipal civil service trade unions) strongly opposed, how can his effort to this project Tim Jin Jiawa it?)

Loop Capital

Loop Capital

Loop Capital appears to be the lead investment bank/advisory firm involved with this development. We sent several messages to them asking for information on the offering. None were returned.

Many of the agents in China are promoting a 50% ROI, and that seems excessive. We're not sure whether that was a misunderstanding on the agent's part or if it was projected from the offering or marketing materials. 

justinfo

As in most EB-5 visa projects, obtaining factual information from the U.S. operators is difficult, while getting potentially misleading information from the overseas agents is prolific. If we can get accurate information from the developers, underwriters, or State of Illinois on this project, we will pass this along to our readers to help them perform their own due diligence on the merits of this investment. 

Comments

Illinois is the most corrupt state in the union and this is a boondoggle project with tremendous risk and very shaky assumptions. Any investor should ask themselves if no bank will give them a loan, then it's not worthy investment.
Posted @ Sunday, December 04, 2011 11:02 PM by Tbor
I would run for the hills when appraoched by anyone selling an EB-5 investment which uses the words "guarantee" and "repayment" when it comes to an I-829.
Posted @ Monday, December 05, 2011 9:24 AM by Richard For
Don't take something for granted. 
 
 
 
Have you ever carefully study the documents. 
 
 
 
http://www.visa160.com/usaall/zhijiage/
Posted @ Tuesday, December 06, 2011 1:51 AM by George
George, 
We are happy to review the operating documents and your fee arrangement, please send them to us: michael@usadvisors.org
Posted @ Tuesday, December 06, 2011 11:12 AM by Michael Gibson
A few points: 
 
1) How do the project sponsors expect to get around the "redemption right" issue during 829 adjudication?  
 
2) 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? 
 
Posted @ Thursday, December 08, 2011 4:23 PM by Jerry Rider
First of all, great article reporting on this significant on-going event, Michael! The translation for the quoted Chinese investor is really rough and choppy though. 
 
Please note that the Chinese promotional video on YouKu was taken off -- I tried to view it but it was gone. 
 
Jerry made a valid point on the guarantee or redemption right, which will certainly be a problem with USCIS, more at the stage of I-526 filling rather than I-829 adjudication though. I've learned that in other oversea EB-5 project promotions, many such promises were made to prospective investors verbally and in a separate agreement which USCIS never knew of. I will be surprised if any of these redemption rights are in formal document submitted to USCIS. In fact, this might very well be one of the reasons for the disappearance of the Chinese promotional video. Foreign investors with no knowledge of the U.S. legal system, contract law, securities law, or immigration law, etc., fell victim to this fraudulent practice. 
 
Regarding this as a private offering, the offering details leaking into public does not disqualify it from Reg D exemption since the project does not use general solicitation or advertising to market the securities, not in the U.S. any way. 
Posted @ Thursday, July 26, 2012 12:51 PM by Lei Reilley
I was told by a Taiwan agent that if they can get an investor for this project, they will be paid $70,000. The investor is supposed to pay $541,500 for the project. So, if the agent gets $70,000, and the manager gets $41,500, how do they make up for the $500,000 investment amount required by the USCIS?  
Further, in the Chinese promotional material they gave to the agents, they claim to have investments from the Illinois government "green energy bond", Chicago City "free tax money", Federal "tax credit money" total in the amount of 485 million USD. The developer will itself invest 17.75 million. There is no name of the developer in the Chinese promotional material.  
Further, it said all the money will be put in Suntrust bank. Suntrust has no branch in Illinois. 
Further, the developer claims the project will start making money after 6 years, but they promised to give back investors $50,000 after the first year, $50,000 after the second year, $400,000 after the third year.  
It is all very strange math.  
 
 
 
 
 
 
 
 
Can any one enlighten me on the math here?
Posted @ Wednesday, December 26, 2012 12:42 AM by lawyer chiu
http://www.sec.gov/news/press/2013/2013-20.htm 
 
Intercontinental regional center trust of Chicago has been formally charged by SEC for fraud on Feb. 8, 2013SEC Halts $150 Million Investment Scheme to Dupe Foreign Investors and Exploit Immigration Program 
 
FOR IMMEDIATE RELEASE 
2013-20 
 
Washington, D.C., Feb. 8, 2013 — The Securities and Exchange Commission today announced charges and an asset freeze against an individual living in Illinois and two companies behind an investment scheme defrauding foreign investors seeking profitable returns and a legal path to U.S. residency through a federal visa program. 
 
Additional Materials 
SEC Complaint 
The SEC alleges that Anshoo R. Sethi created A Chicago Convention Center (ACCC) and Intercontinental Regional Center Trust of Chicago (IRCTC) 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 center near Chicago’s O’Hare Airport. Investors were misled to believe their investments were simultaneously enhancing their prospects for U.S. citizenship through the EB-5 Immigrant Investor Pilot Program, which provides foreign investors an avenue to U.S. residency by investing in domestic projects that will create or preserve a minimum number of jobs for U.S. workers. 
 
The SEC alleges that Sethi and his companies falsely boasted 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 U.S. 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. Meanwhile, Sethi and his companies have spent more than 90 percent of the administrative fees collected from investors despite their promise to return this money to investors if their visa applications are denied. More than $2.5 million of these funds were directed to Sethi’s personal bank account in Hong Kong. 
 
Swift coordination between the SEC and USCIS has brought the scheme to a halt in its application stage at USCIS. The SEC filed its complaint under seal earlier this week and obtained an emergency court order to protect the remaining $145 million in investor assets that were at risk of being similarly misappropriated by Sethi and his companies. The case was unsealed this morning. 
 
“Sethi orchestrated an elaborate scheme and exploited these investors’ dream of earning legal U.S. residence along with a positive return on their investment in a project that was not nearly the done deal that he portrayed,” said Stephen L. Cohen, Associate Director in the SEC’s Division of Enforcement. “The good news is that working closely with USCIS, we intervened early and stopped him from getting very far, and the asset freeze preserves nearly all of the money invested.” 
 
According to the SEC’s complaint filed in U.S. District Court for the Northern District of Illinois, the EB-5 program 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 U.S. workers, excluding the investor and his or her immediate family. Sethi and his companies used the lure of a pathway to U.S. citizenship to convince investors to wire a minimum of $500,000 apiece plus a $41,500 “administrative fee” to U.S. bank accounts. These administrative fees are separate from the investment capital that the EB-5 program requires to be deployed into a job-creating enterprise. More than $11 million in administrative fees were collected with the claim that they were fully refundable to investors if their visa applications are rejected. Sethi and his companies have instead been spending those funds. 
 
The SEC alleges that Sethi submitted false claims about the project to USCIS. Among the phony documentation that he provided to the agency in seeking preliminary approval for the project under the EB-5 program were a comfort letter from Hyatt Hotels and a backup financing letter from the Qatar Investment Authority. 
 
The SEC’s complaint alleges that Sethi and his companies made a number of misrepresentations about the project to dupe investors. Offering materials stated that investors’ funds would help build “a convention center and hotel complex, including convention and meeting space, five upscale hotels, and amenities including restaurants, lounges, bars, and entertainment facilities.” Sethi and his companies prominently featured in their marketing materials the purported participation of three major hotel chains in the project: Hyatt, Intercontinental Hotel Group, and Starwood Hotels. However, none of these hotel chains have executed franchise agreements to include a brand hotel in this project as represented to investors in the offering materials. Two of the chains actually terminated prior deals with other Sethi-related entities more than two years before these offering materials were circulated to investors. 
 
The SEC further alleges that the offering materials falsely stated that construction would begin in summer 2012 and occupancy of the first tower would occur in early spring 2014. A search of the Chicago Building Permits database for the project address shows that the only recent permits are for a tent for a purported groundbreaking ceremony held in November 2012, a demolition permit, construction of a fence, and a minor electrical wiring permit. 
 
According to the SEC’s complaint, the 29-year-old Sethi misrepresented to investors in offering materials that he has “over fifteen years of experience in real estate development and management, specifically in the lodging area.” Offering materials also misleadingly state that the project’s developer Upgrowth LLC has “more than 35 years of experience.” Illinois corporate records show that Upgrowth was just recently organized in 2010. 
 
The SEC’s complaint alleges that Sethi, ACCC, and IRCTC violated Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. In addition to the temporary restraining order and asset freeze granted by the court, the SEC’s complaint seeks permanent injunctions and other monetary relief. 
 
The SEC’s investigation, which is continuing, has been conducted by Mika M. Donlon and Adam J. Eisner under the supervision of C. Joshua Felker. Patrick M. Bryan will lead the litigation. The SEC acknowledges the substantial assistance of the USCIS. 
 
# # #
Posted @ Friday, February 08, 2013 12:28 PM by lawyer chiu
What was SEC doing until Sethi could go this far and dupe this many Chinese investors? I'm afraid Sethi must have siphoned away all the money by now. India has more HNI raring to migrate to the land of milk and honey and can someone tell me why Sethi chose the Chinese to the Indians?
Posted @ Sunday, February 10, 2013 11:01 AM by Abdul Jabbar
Interesting that no one doing pre-purchase investigation thought to look up the hotel franchise agreements and see if anyone of them mentioned this deal!
Posted @ Sunday, February 10, 2013 9:52 PM by michael webster
 
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. 
 
NO WORLDWAY’S CLIENT HAS BEEN IN ACCC PROJECT SINCE LATE 2011 
After calling off the cooperation with ACCC Parties in Oct., 2011, Worldway’s involved clients withdrew their investment capital and admin fee out of ACCC project. There has been no client from Worldway in ACCC project since late 2011. 
 
For detail information, please refer to Worldway Group’s statement  
http://www.worldwayhk.com/qbzx/news/3461-1.html  
Posted @ Wednesday, February 13, 2013 4:44 AM by Zhang
这次赤裸裸的欺诈行为,几乎透支了EB5项目在中国的所有信用,预计恢复投资人信心的工作,将会是一个漫长的过程。
Posted @ Thursday, February 21, 2013 8:32 PM by onetog
Another project that was too big to succeed -- and a scam on top of that!
Posted @ Thursday, February 28, 2013 11:03 AM by Boyd Campbell
The Bottom line here the Chinese agents, they are greedy and in fact do not care for their clients. The Investor should do his her due diligence on their own, it's easy and simple, 500,000 must create, direct / indirect jobs for Americans, a project of this magnitude, needs to create over 1000 jobs, and maintain them for min 2 years, now let's use common sense, is it doable, NO.
Posted @ Tuesday, March 12, 2013 7:59 AM by Benito Rotella
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