25 Jan Press Release: Wei Ding Fan Vs Mona Shah & Associates
On January 24, 2019, Law 360 ran an article pertaining to a lawsuit filed against our firm. We believe that the allegations raised are frivolous, as such we will vigorously defend ourselves, seeking sanctions against the plaintiff and plaintiff’s attorneys.
We seek to correct the record as there is a substantial amount of misinformation being circulated. A frivolous lawsuit, the pleading makes numerous allegations that are categorically false and are yet to be proven in a court of law.
First, it has never been represented by our firm that any project in the EB-5 program is a guarantee for success. Not only is this the underlying basis of an “at-risk” project, but also, it is a requirement by law. We also always advise clients that we are attorneys and not financial advisors. While we firmly believe that some projects present higher odds of success than do others, this is far from a guarantee.
Second, we have always been firm believers in full disclosure and have always advised our clients about any and all projects that we represent. Further, the offering documents, received and executed by the client and his agent, disclosed the risk factors of the project and the program, including immigration delays and backlog.
It also must be emphasized that this suit is at the pleading stage, which means that any claim, however unsubstantiated, may be filed in court, before it is formally reviewed. We are disappointed that the editorial of Law 360 would allow unsubstantiated allegations to be publicized in such a manner so as to tarnish our reputation.
Finally, it should be stressed that the client in question, who does not speak English and is represented by a Chinese agent, met with our firm for the first-time last summer. He did in fact receive an approval on his I-526 petition, which leads us to believe that there may be ulterior motives for the filing of this suit.