The SEC has announced that an Idaho man who operated an EB-5 regional center has agreed to settle a case against him alleging that he took millions of dollars to pay for luxury cars and investments unrelated to the purpose of the particular EB-5 program at issue, i.e., to develop luxury real estate and invest in gold mining ventures in Idaho and Montana.
The EB-5 program is a special expedited path to a green card for foreign investors who provide a set minimum of investment capital that creates at least 10 U.S. jobs within 2 years of the investment. The program is designed to incentivize investment in rural areas (e.g., Idaho) or high unemployment areas. Whereas the minimum for such “targeted employment areas” is $500,000, the minimum for more affluent areas is $1 million.
The respondent, Serofim Muroff, and his assistant and bookkeeper are alleged to have diverted about $5.5 million of the $140.5 million in investment money provided by Chinese investors. In addition to disgorging the allegedly diverted proceeds, Muroff has agreed to a $2 million penalty plus interest, and to be barred from conducting further EB-5 offerings. Neither Muroff nor his assistant admitted or denied the allegations in the SEC’s complaint.
The DOL has proposed an initial 15-day public comment period on the issue of whether to delay the April 10 implementation date of the DOL fiduciary rule, which, if ever effective, would subject large amounts of IRA rollover advice, and other retirement advice, to a fiduciary standard. After the 15 days, the DOL has proposed another 45 days during which the DOL is to analyze the economic impact of the Rule on investors and the marketplace.
Specifically, in his February 3, 2017 memorandum, President Trump directed the the DOL “to examine the Fiduciary Duty Rule to determine whether it may adversely affect the ability of Americans to gain access to retirement information and financial advice.” Accordingly, it is likely that the Rule, as is or amended, will not become effective for some time. Meanwhile, many broker dealers, registered investment advisers, and the representatives they employ have already spent thousands of hours in training and millions of dollars preparing to comply with the Rule.