Banana Republic

Kushner Companies EB-5 Activities in China Constitute Securities Fraud
BY GARY CHODOROW

As has been widely reported, Kushner Companies recently put on a roadshow to market to Chinese investors a New Jersey real estate project called One Journal Square. 

The investments are structured such that investors may qualify for green cards through the EB-5 program, which requires a minimum $500,000 investment resulting in the creation of at least 10 U.S. jobs.
Initial reporting about the roadshow led the Kushner Companies to apologize last week for boasting about their ties to White House adviser Jared Kushner during the roadshow. 

“In a sector where investors are wary of failing projects and policy changes that would jeopardize their visas,” writes Alexandra Harney for Reuters, such boasts are meant to “reassure potential investors their EB-5 projects will be successful.”
Reuters is now reporting that Kushner Companies’ activities may have crossed the line from boasting to misrepresentation, making the company vulnerable to charges of securities fraud by the U.S. Securities and Exchange Commission (SEC). 

Specifically, advertisements by the company’s marketing agent in China contain multiple misrepresentations about the safety of the investment.
Kushner Companies’ marketing agent, QWOS Group, also known as Qiaowai, produced an online advertisement claiming that the investment “in a real sense guarantees a permanent green card and the safety of the investment principal.” 

After Reuters asked Qiaowai for comment, the advertisement was deleted. 

Other advertisements for the project made similar false claims.
The SEC enforces Section 10(b) of the Securities and Exchange Act of 1934, and Rule 10b-5, codified at 17 C.F.R. 240.10b-5, which target securities fraud. 

EB-5 investments are frequently structured as a type of “security” subject to the antifraud provisions of federal securities laws, according to SEC congressional testimony. 

Rule 10b-5 makes it unlawful to “make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading.”
Qiaowai’s advertisements violate the rule in two ways. 

1. First, EB-5 investments are financially risky, not guaranteed. The immigration law specifically prohibits investments where the money is not at risk. 
2. Second, there is no guarantee that an investor will actually get a green card. There are a host of reasons why an investor could be denied a green card. 

Some are related to the investor, such as health issues, membership in the Communist Party, inability to prove that the funds invested were earned legally, prior U.S. immigration violations, etc. 

Some are related to the project, such as failure to employ the required number of U.S. workers, or delays or changes to the project.
In a jointly issued Investor Alert, USCIS and SEC warn against precisely these types of misrepresentation:
Beware if you spot any of these hallmarks of fraud:
Promises of a visa or becoming a lawful permanent resident. 

Investing through EB-5 makes you eligible to apply for a conditional visa, but there is no guarantee that USCIS will grant you a conditional visa or subsequently remove the conditions on your lawful permanent residency. 

USCIS carefully reviews each case and denies cases where eligibility rules are not met. 

Guarantees of the receipt or timing of a visa or green card are warning signs of fraud.
Guaranteed investment returns or no investment risk. 

Money invested through EB-5 must be at risk for the purpose of generating a return. 

If you are guaranteed investment returns or told you will get back a portion of the money you invested, be suspicious.
Kushner Companies may not be shielded from liability just because they hired Qiaowai rather than doing the marketing themselves. 

They may be liable for the actions of their agents, sometimes referred to in the industry as “finders.” Securities lawyers advise that developers should know the parties marketing their deal abroad. 

The best practice is to have a clear agreement with the agent in which the agent agrees to comply with securities laws and to provide all marketing materials to the developer’s securities counsel for review before publication.
The SEC did not respond to questions by Reuters about Qiaowai’s ads.
Besides the One Journal Square project, Qiaowai previously helped the Kushner Companies raise funds for Trump Bay Street, an apartment complex in Jersey City, New Jersey, that The Trump Organization licensed its name to.

Banana Republic

Kushner Companies Backs Out of Chinese Investor Events After Furor
By JAVIER C. HERNÁNDEZ

Nicole Meyer, a sister of the senior White House adviser Jared Kushner, at a promotional event in Shanghai on Sunday. Critics pointed to the roadshow, which sought to solicit $150 million in financing for a Jersey City housing development, as an example of the conflicts of interest in the Trump administration.

BEIJING — The real estate company owned by the family of Jared Kushner, son-in-law and senior adviser to Trump, said on Friday that its employees would no longer take part in a cross-country roadshow in China this month.
Executives from Kushner Companies, including Nicole Meyer, Kushner’s sister, were expected to appear in the southern cities of Shenzhen and Guangzhou and the central city of Wuhan this month, according to ads for the events.
But after an uproar, the company and its Chinese partner said on Friday that Kushner Companies would no longer be present at those events, although it will continue to actively court investors.
The company is seeking $150 million in financing for a New Jersey housing development through a program that gives foreigners who invest at least $500,000 a shot at green cards, which allow permanent residence in the United States. 

The overall sum represents about 15 percent of the total cost of the property project.

But the effort to raise money in China drew widespread criticism, with ethics experts saying it presented a conflict of interest. 

Kushner continues to benefit from a stake in his family’s real estate business and other investments worth as much as $600 million.

On Friday, Risa B. Heller, a spokeswoman for Kushner Companies, said its employees would no longer participate in the roadshow after taking part in meetings in Beijing and Shanghai last weekend.
“No one from Kushner Companies will be in China this weekend,” she said in a statement, which was earlier reported by The Washington Post.
The Chinese partner of Kushner Companies, an immigration agency named Qiaowai, said on Friday that the meetings this month would go forward, but that no one from Kushner Companies would attend. 

Qiaowai had marketed the Kushner family’s visit as a five-city tour over two weeks, ending in Wuhan. 

The Chinese firm will still give presentations on the New Jersey project, field questions on the investor visa program and solicit investments.
Meyer added a star turn to efforts by Kushner Companies to raise money in China. 

Kushner is married to Trump’s elder daughter, Ivanka. 

Since Trump took office in January, fascination with his family has grown in China, especially as Kushner has become a power broker in relations between Washington and Beijing.
Speaking at the Ritz-Carlton Hotel in Beijing on Saturday, Meyer said the New Jersey project, called One Journal Square, “means a lot to me and my entire family.” 

She said Kushner, who resigned as chief executive of the company in January, was now serving in the White House.
Meyer’s remarks drew intense backlash in the United States, with critics seizing on the roadshow as a stark example of the conflicts of interest in Trump’s White House.
The company later apologized, saying Meyer did not intend to use her brother’s name to lure investors. 

Sean Spicer, the White House press secretary, said Kushner was in compliance with ethics rules and had “nothing to do” with the company’s work in China.
Adding to the fallout, the mayor of Jersey City, N.J., where One Journal Square is set to be built, said on Sunday that he opposed the Kushner family’s request for hefty tax breaks for the project.
The roadshow also raised questions about the investor visa program known as EB-5, which has been plagued by fraud and abuse scandals and is likely to be overhauled this year.
Even in China, where business and politics often mix, there was a hint of indignation. 

State-run news media published reports asking whether the company was benefiting from unfair competition.
“Caution urged on Kushner project,” read a headline in the Global Times newspaper.
But Hao Junbo, a lawyer in Beijing, said Meyer’s emphasis on family connections would probably prove to be a winning message in China.
“Chinese people have a tradition of worshiping powerful officials,” he said. 

“It’s an innate attraction to Chinese investors. They will automatically label the program as one with official backing after they hear the name of Trump’s son-in-law.”

Chinese Connection

America’s Princeling: Why China Loves Jared Kushner
The Kushner family real-estate empire, including a Trump-branded tower, was built with money from rich Chinese buying ‘investment’ visas to the United States.

By Sarah Rogers

HONG KONG—Chinese consumers are a finicky bunch. 

Plenty of American businesses have attempted to break into China, but a mixture of cross-cultural flops, unpredictable and rapid changes in tastes, and tight government regulation has brought down the likes of Home Depot and Best Buy, and thwarted the global domination of tech giants like Facebook and Google.
But when Nicole Meyer, who is a sister of Donald J. Trump’s son-in-law Jared Kushner, played up her relationship with her brother—a flagrant wink-wink-nudge-nudge using the the cachet of the White House—she was tapping into China’s strange Trump love, and something more.
The connections that Meyer was evoking in front of 100 potential investors and clients in Beijing’s Ritz-Carlton Hotel were obvious to the well-heeled men and women there. 

She is the sister of an American princeling, the sort of position that is bestowed on a limited few based on their family connections rather than actual achievements—and should they hand over some money to the Kushner family, successful entry to the U.S. would be guaranteed.
The whole Meyer/Kushner pitch aligns with what the Chinese know about their own ruling party’s “royalty,” where the princelings (and princesslings) have been opting for jobs in the private sector, leveraging family connections as part of the political elite.
Just last year, JP Morgan Chase was fined $264 million by U.S. regulators for hiring Chinese princelings, a move that was meant to bolster the bank’s business in the Asia-Pacific region, but was also a violation of the U.S. Foreign Corrupt Practices Act.
Meyer, as you’ll recall, touted the property dubbed One Journal Square in New Jersey as something desirable for wealthy Chinese individuals, stating bluntly that they would be awarded with fast-track immigration processing as long as they “invested” $500,000 in the United States.
The visa program, called EB-5, is an attractive channel for Chinese citizens who want to launder cash outside their homeland. 

There are multiple reasons for choosing to do this—some are looking for ways to bypass the strict banking controls that are in place in China; others want to live in a place where dirty air, dodgy food, talk of war on their doorstep, dubious “confessions,” and spy-related paranoia are no longer part of the everyday experience.
Some others, a rare few, are merely after better pre-collegiate education options for their children, going to the lengths of uprooting the entire family to get to the USA.
The Kushner real-estate empire is making a play to profit from those insecurities, in turn exploiting the EB-5 investor visa program.
This particular immigration procedure is, bluntly, a means for rich folks to acquire American residency. 

While other means of settling in the U.S. might involve a mountain of paperwork, the only kind of paper required under EB-5, to all intents and purposes, is the greenback.
All this is well known to Trump, who re-upped the EB-5 program a few days ago. 

Indeed, as Bloomberg reported last year, when Kushner Companies (then-CEO: Jared Kushner) were building Trump Bay Street in New Jersey, the firm they hired to attract investors circulated a video touting the EB-5 benefits to be had by buying there.
According to State Department statistics (PDF), 7,516 mainland-born Chinese were allocated EB-5 visas last year—the lion’s share. 

The second-most numerous national group were Vietnam-born persons: They acquired 334 visas under the same program. 

Here are a few more numbers: In 2005, the program granted only 350 visas in total; in 2007, 700 visas were issued; in 2014, EB-5 reached its quota of 10,000 for the first time ever. 

The numbers speak for themselves: The program is now skewed heavily to benefit Chinese investors.
For a time, Donald J. Trump was the xenophobe’s candidate of choice, as cries of “Build that wall!” reverberated at rallies and claims that the man “beat China all the time” fueled news cycles. 

But Trump has turned the tables.
With Jared Kushner’s name showing up in Beijing during a shameless sales pitch, drawing a direct line between his name and a problematic visa program that has been riddled with fraud, even bringing potentially corrupt money into America, the first family of America is now stained with another shade of embarrassment.
That Jared Kushner was officially absorbed into the Trump administration as a senior adviser—and Middle East peace broker, shadow diplomat, and the person to reinvent government, among other labors—only makes the Kushner family’s wanton cash-grab in China appear even more unprincipled.
No doubt the Kushner family knew before their sales pitch in Beijing that there would be fallout—in the West—if only in the form of a tarnished brand image. 

But a bit of bad press at home is merely the cost of doing business, one that carries negligible impact in hard-currency revenue.
On Sunday, Kushner Companies was quick to issue a statement to The Washington Post saying that it “apologizes if that mention of [Meyer’s] brother was in any way interpreted as an attempt to lure investors. That was not Meyer’s intention.” 

The firm then went on to emphasize that the real-estate project would provide $180 million in tax revenue in the next 30 years.
Right now, when there are major seismic waves hitting Washington, D.C. 

With the Russia probe only in its inception, and the termination of FBI Director James Comey leaving many wondering what will come next, one must ask: When will the Trump and Kushner families’ ties with China be examined in detail?
One might recall that on the day Trump met with Xi Jinping at Mar-al-Mago, Ivanka Trump secured China trademarks for her clothing, jewelry, and accessories brand.
So far, no one in the Trump-Kushner circuit has been held accountable. 

But it could hardly be more obvious that the family of a presidential candidate who failed to win a majority vote in America is profiting massively from their position.
The people of the United States might someday focus on this, and might someday care. 

But the Chinese? 

They know about princelings and princesslings, and working with them is just what one might call the art of the deal.