The Phillip Burton federal building in San Francisco, California. Photo by Jason Doiy/The Recorder.California Immigration Lawyer Indicted Over Allegedly Fraudulent EB-5 Visa Scheme
Jean Chen, the sole partner at a California immigration firm, and her former husband and business partner, Tony Ye, have both been charged in the Northern District of California, according to an indictment filed March 7 and unsealed Monday.
March 27, 2019 at 04:40 PM
3 minute read
A federal grand jury has indicted a Bay Area immigration lawyer and her ex-husband on charges accusing them of running an immigration visa fraud scheme.
Jean Chen, the sole partner at California immigration firm Law Office of Jean D. Chen, and her former husband and business partner, Tony Ye, have both been charged in the Northern District of California, according to an indictment filed March 7 and unsealed Monday.
The 14-count indictment accuses Chen and Ye of operating an extensive and fraudulent visa scheme, including lying to the U.S. Citizenship and Immigration Services in connection with their work with applicants for the so-called EB-5 visa program.
Under the program, applicants can obtain EB-5 visas when they invest in entities known as “regional centers.”
The indictment accuses Chen's law firm of abusing that process by falsifying documents to USCIS about a regional center it allegedly owned. Prosecutors claim Chen and Ye created the Golden State Regional Center in 2014, before they transferred ownership to a straw owner. They accused Chen and Ye of lying to the USCIS by disguising their true ownership of the center.
The U.S. Securities and Exchange Commission previously filed a complaint against Chen, Ye and others for allegedly defrauding the EB-5 visa applicants, and for committing securities fraud. The SEC said Chen and Ye netted over $12 million in undisclosed commissions through their work with clients.
Jean Chen.
Prosecutors say Chen and Ye funneled their clients' money into the center without disclosing they managed and were involved in the center's development. The SEC had previously charged an additional defendant, Kai Robinson. The SEC claimed Robinson posed as the regional center's owner, even though she was “merely a figurehead controlled by Chen and Ye.”
The newly unsealed indictment also accuses Chen and Ye of submitting false EB-5 visa applications on behalf of investors. Prosecutors say Chen and Ye forged Robinson's signature in applications while hiding their ownership and control of Golden State Regional Center. The indictment also accuses them of lying about the way foreign investors' funds would be used.
The indictment charges Chen and Ye with 10 counts of visa fraud, two counts of obstruction of justice, and one count of aggravated identity theft. Ye faces an additional identity theft count.
Prosecutors say Chen fled the country to Vancouver, Canada, around the time the SEC filed its complaint in October. Foley & Lardner partner Thomas Carlucci, who previously represented Chen in the SEC matter, did not immediately return a request for comment.
Ye pleaded not guilty to the charges Monday, and was released on $750,000 bond. He'll return to court May 15 for a hearing to set a trial date before U.S. District Judge Lucy Koh. Ye is represented by Lara Kollios and Martha Boersch of Boersch Shapiro.
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