The information contained on these pages is provided as a resource only. DFR cannot offer legal advice. You are urged to consult an attorney to determine and understand your possible rights associated with these investments.
How do I receive updates about this case?
This website will be updated as the litigation progresses. You may also check the Attorney General’s website. As additional resources become available, they will be posted here. Updates and documents related to the federal litigation are avilable on the Jay Peak reciever's website.
Is the lawsuit in federal court in Miami, FL, brought by the U.S. Securities and Exchange Commission (SEC) the same as the State’s case filed in Montpelier, VT?
Vermont and the SEC have brought separate but coordinated actions under state and federal laws.
What is a “receiver” and has one been appointed in this case?
The federal court has appointed a receiver to oversee and administer the assets of the EB-5 projects named in the SEC’s complaint. The receiver will act as a neutral party to preserve and recover assets and property at issue while the federal and state cases are pending, as ordered by the courts. Ultimately, the receiver will determine the amounts owed to individual creditors and investors, and will distribute available assets in accordance with a court order.
Please see the Jay Peak receiver's website, for more information.
Will I recover my investment?
In order to be eligible for U.S. citizenship through the federal EB-5 program administered by the U.S. Citizenship and Immigration Services (USCIS), three elements must be met:
- the immigrant’s investment of capital,
- in a new commercial enterprise,
- that creates jobs.
More information about USCIS’s requirements under the EB-5 program is available through USCIS’s website.
Ultimately, the status of investor funds – including the possible recovery of investor funds – will be determined by the courts. You are urged to consult with your own attorney to determine and understand possible rights associated with investments related to the litigation.
Will I obtain my green card?
You are urged to consult an immigration attorney to understand your rights associated with these investments. That attorney can advise you best on your next steps and monitor court proceedings to know your options. The EB-5 program maintains an email account at for external stakeholders to use when seeking general EB-5 program information, inquiring about the status of pending petitions, or requesting to expedite a pending petition. You should continue to pursue the appropriate immigration petition. Please refer to the USCIS website, for more information.