Investor fund protections
Almost all cases of fraud in EB-5 have one common element: lack of transparency. Therefore, we analyze whether the interacting EB-5 companies — the New Commercial Enterprise (NCE), and Job Creating Entity (JCE) — are under common control.
Conflicts of interest can be effectively mitigated through the proper use of third-party fiduciaries. In evaluating conflicts of interest and the role of third-party fiduciaries, we review the following documents:
- Ownership structure of NCE and JCE
- Subscription agreement
- Escrow agreement
- Fund Administration agreement
- Any other third-party agreements