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New England Jay Peak/Burke: It is finally hitting the fan.

Tricia

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According to the newswire:
MONTPELIER, Vt. (AP) — U.S. Citizenship and Immigration Services intends to close Vermont’s immigrant investor regional center following alleged fraud at Jay Peak ski resort involving millions of dollars from the investor program, according to documents released Monday by Republican Gov. Phil Scott.

Ariel Quiros, the owner of Jay Peak Resort, and former Jay president William Stenger, were accused last year of misusing more than $200 million raised from hundreds of foreign investors through the EB-5 visa program for developments at or near the ski resort.

The USCIS said in an Aug. 14 letter to the state that it intends to close the center because it no longer serves the purpose of promoting economic growth by failing to properly manage, monitor and oversee EB-5 projects. It also said it appears that the center’s project managers used EB-5 funds for purposes unrelated to the job creating business activities for new commercial enterprises and job creating enterprises.

“Certainly better Regional Center oversight of the projects may have prevented this,” the USCIS said.

Scott said Monday that he directed the Vermont Department of Financial Regulation to review the center’s operations in July, after a court approved a settlement with the financial firm Raymond James to reimburse Jay Peak and Burke Mountain creditors.

“The alleged fraud at the Jay Peak projects was devastating for the region, investors and contractors, and has had a lasting impact on Vermont,” he said. “It was critical as a new Administration to have an accounting of the lessons learned, as well as an analysis that could inform whether to continue or end operations of the Vermont Regional Center.”

In the state report released Monday, DFR Commissioner Michael Pieciak, working with Michael Schirling, secretary of the Agency of Commerce and Community Development, which manages the center, concluded that the state now has stronger regulatory, compliance and oversight measures in place after taking corrective actions in 2014. But it recommended winding down the center and eventually closing it, and said the function is best performed by a private entity.

“It is our hope that USCIS will agree with our approach for a staggered closure to minimize any adverse economic impact and ensure investors in existing, viable projects are protected,” said Schirling.

Stenger has settled civil charges with the U.S. Securities and Exchange Commission. Quiros’ lawyers have said he will be cleared of any wrongdoing.
 

Tricia

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More on the news wire:

Contractors in hotel case receive final payments
BURKE, Vt. (AP) — Contractors who built a Vermont hotel at the center of $200 million fraud investigation will receive the final payments for the project.

The Caledonian-Record reports (http://bit.ly/2wZ96kZ ) Ariel Quiros, the owner of Jay Peak Resort, and former Jay president William Stenger, were accused last year of misusing more than $200 million raised from foreign investors through the EB-5 visa program for developments at or near the ski resort. Prosecutors said money was inappropriately funneled between Jay Peak and the Burke Mountain Resort.

A $150 million settlement won by court-appointed federal receiver Michael Goldberg was used to help pay contractors working on the Burke Mountain property. The final $3.6 million in the case was received on Sept. 18.

According to the Goldberg, checks for the contractors have been sent via Federal Express.

___

Information from: The Caledonian-Record, http://www.caledonianrecord.com
 

karlo

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Won't affect Jay or Burke at this point, but adds to the stench of the whole "thing."

Whew, I love Jay.

I do not think I understand this law. So, investor invests $500,000 and gets a visa or green card? The investment needs to result in a certain number of jobs? So, if I, as the general manager of the business can, with $100,000, build a working concern that fulfills the job requirements, can I keep the $400,000 difference? That these folks took $200 million for themselves, though seems unethical to me, is that necessarily a crime?
 

LKLA

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Whew, I love Jay.

I do not think I understand this law. So, investor invests $500,000 and gets a visa or green card? The investment needs to result in a certain number of jobs? So, if I, as the general manager of the business can, with $100,000, build a working concern that fulfills the job requirements, can I keep the $400,000 difference? That these folks took $200 million for themselves, though seems unethical to me, is that necessarily a crime?

You need to submit very detailed plans as to how to use the funds and then that process needs to be monitored. If you say you need $10M and then end up spending $3M and pocket the other $7M, then you will likely end up in the same spot as Jay Peak.

Also remember that you need to provide a comprehensive business plan evidencing the need for at least 10 full-time employees “within a reasonable time” after raising the money.
 

karlo

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If you say you need $10M and then end up spending $3M and pocket the other $7M

So, if one comes under budget, but meet the jobs requirements, what is one to do with the surplus? Wouldn't returning it to the foreign investors put them underwater with regard to the threshold needed for their visa or green card?
 

LKLA

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So, if one comes under budget, but meet the jobs requirements, what is one to do with the surplus? Wouldn't returning it to the foreign investors put them underwater with regard to the threshold needed for their visa or green card?

I do not remember exactly what happens to it - if it is used as part of the interest owed to the investors, redirected to other projects....I do not believe the money is returned to investors - and if it is returned they still had to shell out the $500K to begin with, so the threshold may still be met.

A project going over/under budget is about as "simplistic" of an issue as there is, so I am sure it has been addressed and that you are not the only one who has thought about it. I am sure you can read all about how a situation like that is handled in the EB-5 handbook.

No one is just keeping the money to buy new skis. What happened with Jay Peak is rare. The vast majority of EB-5 projects work out as planned and seem to be a win/win situation for all sides. For example, look at the Lucky Dragon Casino in Las Vegas.
 
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James

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So, investor invests $500,000 and gets a visa or green card? The investment needs to result in a certain number of jobs? So, if I, as the general manager of the business can, with $100,000, build a working concern that fulfills the job requirements, can I keep the $400,000 difference? That these folks took $200 million for themselves, though seems unethical to me, is that necessarily a crime?
If people invest money with you and you essentially take the money for yourself, yeah that's a crime. They are "investing" $500k, not buying a green card for that. Though the green card makes it less likely they'll be all upset they lost the money. Plus they're likely from India or China where they're used to corruption, still doesn't make it right. I read one comment from an Indian guy who said he thought it was different in the US and that's why he invested. Sometimes it's not I guess.

What makes this case go under the radar is it's in the Northeast Kingdom. I think they could have blown up the hotel at Burke and it would barely make the news. Strikes against "real new" - involves the word "ski", and not only is it in Vermont, it's in a place no one knows in Vermont. If this had happened in Boston or NYC, it would be pretty big news.

Of course, how many people actually go to jail from sleazy investment practices? Small ones maybe, but the bigger they are the more one gets away with.
 

no edge

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Stenger was over his head and he did not have experience in dealing at this level. There are many scammers out there and his business skills did not prepare him.

There are so many people around the world who take advantage of underqualified business people. I have seen it and the people who get caught up.
 
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