9th Circ. Affirms Immigration Atty’s EB-5 Fraud Suit Loss

9th Circ. Affirms Immigration Atty's EB-5 Fraud Suit Loss


Law360 (August 23, 2019, 6:44 PM EDT) — The Ninth Circuit refused Friday to free an immigration attorney from a finding that EB-5 investments he facilitated qualified as securities, making him an unregistered broker who violated various securities laws.

The attorney, Hui Feng, committed securities fraud by misrepresenting his eligibility for commissions related to the investments and failing to disclose the commissions to clients, a three-judge panel found. In doing so, the judges affirmed the lower court’s summary judgment order favoring the U.S. Securities and Exchange Commission in its lawsuit against Feng and his firm, the Law Offices of Feng & Associates PC.

The lower court had ordered Feng…

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