The Security and Exchange Commission (SEC) Office of Compliance Inspections and Examinations (OCIE) has listed the EB-5 Program as one of its Examination Priorities for 2016.
OCIE examination priorities reflect certain practices and products that OCIE perceives to present potentially heightened risk to investors and/or the integrity of the U.S. capital markets. OCIE conducts examinations of regualted entities in an effor to promote compliance, prevent fraud, identify risk, and inform policy.
With regards to the EB-5 Program, the OCIE writes:
“We will review private placements, including offerings involving Regulation D of the Securities Act of 1933 or the Immigrant Investor Program (“EB-5 Program”) to evaluate whether legal requirements are being met in the areas of due diligence, disclosure, and suitability.”
In September of 2015 the SEC Office of Investor Education and Advocacy issued an Investor Bulletin to educate investors about investing in unregistered securities offerings, or private placements, under Regulation D of the Securities Act highlighting several “red flags” that investors should be aware of.