Statutes of Limitations for EB-5 Securities Claims

EB-5 News

Date

May 14, 2015

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Statutes of limitations for securities claims and how they impact risk to developers

Developers who sell securities to foreign nationals to raise capital through the EB-5 program could face potential claims under the U.S. and state securities laws. Examples include:

  • Uses of funds raised
  • Lack of proper fee disclosure
  • Discrepancies between the marketing documents and PPM
  • Undisclosed conflicts of interest
  • Undisclosed cost or formation expenses that are charged back to an investor

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