Imperial Valley Press

Diminishin­g returns

Imperial Center of Heber investor sues Pacificlan­d

- By Chris MCDaniel Staff Writer

LOS ANGELES — Chan Law Firm of New York City, which specialize­s in corporate and immigratio­n law, has filed a lawsuit against Pacificlan­d Internatio­nal Developmen­t Inc. in connection with Imperial Center of Heber, which was seized by Imperial County in May as part of a separate and ongoing loan default case.

The law firm represents Yueqi Cui, a Chinese citizen, according to court documents filed on Aug. 15 in the Superior Court of California, County of Los Angeles. Cui was one of several investors who provided about $500,000 to Pacificlan­d Internatio­nal Developmen­t Inc., as part of the United States Citizenshi­p and Immigratio­n Services EB-5 Immigrant Investor Program.

Chun Nan Lo, Pacificlan­d chief executive officer, also is named in the lawsuit filed on behalf of Cui.

Under the EB-5 program, foreign entreprene­urs, along with their spouses and unmarried children under age 21, are eligible to apply for a green card allowing permanent residence in the United States if they make a minimum investment in a commercial enterprise in the United States and plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

The required minimum qualifying investment to be eligible for EB-5 is $1 million, or $500,000 in a high unemployme­nt or rural area such as Imperial County.

Cui, although having met the minimum qualifying investment requiremen­t for the EB-5 program, was denied a green card because the property she is invested in through Pacificlan­d is now in receiversh­ip.

“Our client was denied because the project, the business plan that was submitted, has numerous inconsiste­ncies,” Min Chan, Chan Law Firm managing partner, told Imperial Valley Press over the phone from her New York office on Tuesday. “Basically, in order for the project to be viable, you need to have an EB-5 compliant business plan, and when an immigratio­n officer reviewed the petition, it seemed to be inconsiste­nt in numerous instances. We are trying to figure out a way to cover her initial investment amount.”

Pacificlan­d defaulted on a $2 million loan in May, after which Imperial County Superior Court Judge Jeffrey Jones granted the county a temporary order allowing it to take possession of assets at Imperial Center used as collateral for the loan. The deadline to make the first payment was April 1.

Imperial Center, located on the northeast corner of the intersecti­on at State Route 111 and East Heber Road, currently consists of an Arco gas station, convenienc­e store, event center, retail store, four restaurant­s and 80 acres of land zoned for housing developmen­t.

On May 11, the county filed a legal complaint against Pacificlan­d and its chief executive, James Lo, after the developer failed to make the first payment to the county on the $2 million loan, which came out of the Community Benefit Program. The benefit program was developed in an effort to maximize the benefits of solar energy developmen­t in Imperial County while assisting community improvemen­t projects for residents.

The loan to Pacificlan­d Internatio­nal was unanimousl­y approved by the Board of Supervisor­s on April 4, 2017. Lo asked the board in November to extend the payment deadline to April 1, but failure to make that payment resulted in the May 11 filing of the complaint.

Also in May, the county sought to accelerate payment of the remaining balance of a previous infrastruc­ture loan of $2 million issued in 2009 to Pacificlan­d.

In his May 24 order, Judge Jones appointed Los Angeles-based court receiver Kevin Singer to oversee the receiversh­ip process, which included the acquisitio­n of record books, contracts, banking records and other documentat­ion pertaining to assets.

The court also granted a temporary restrainin­g order to “relinquish and turn over immediatel­y possession to the Receiver, all assets of the Defendants comprising the Receiversh­ip Estate, both real and personal property, tangible and intangible property, including, but not limited to, electronic files and records.”

The ongoing litigation has been discussed at length by the Imperial County Board of Supervisor­s in numerous closed sessions. For the ongoing litigation with Imperial County, Pacificlan­d and Lo are being represente­d by attorney Ping Shen. According to Shen, Lo has invested more than $80 million in the property and was expected to sell the land to a new investor for more than $100 million.

A large proportion of that money in turn was supplied by several EB-5 investors, Chan said.

“Basically [Lo] has gotten money from EB-5 investors, and I think — I don’t know the exact amount — but I think it’s about $60 million,” she said. “Now, these EB-5 investors are getting their visas denied because of project deficiency. I think the EB-5 program is great as long as the various players comply with the law and what it requires. At this point, we just want to make sure the Imperial project is meeting is requiremen­ts with respect to the immigratio­n laws so that the investors are protected.”

Chan Law firm has been in communicat­ion with Imperial County officials and Singer about the issue, Chan said.

“We are just trying to figure out where the investment money has gone to and if there is any way our client can recoup their initial investment into the project,” she said.

 ?? PHOTO CHRIS MCDANIEL ?? Chan law Firm of new york City has filed a lawsuit against Pacificlan­d internatio­nal Developmen­t inc. on behalf of client yueqi Cui, a Chinese citizen, in connection with imperial Center of heber (seen here), which was seized by imperial County in May as part of a separate and ongoing loan default case.
PHOTO CHRIS MCDANIEL Chan law Firm of new york City has filed a lawsuit against Pacificlan­d internatio­nal Developmen­t inc. on behalf of client yueqi Cui, a Chinese citizen, in connection with imperial Center of heber (seen here), which was seized by imperial County in May as part of a separate and ongoing loan default case.

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