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Eb-5 Visa Fraud Claim Dismissed With Prejudice
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</h3><h4><i>by <a href=”http://discuss.ilw.com/articles/articles/392238-article-eb-5-visa-fraud-claim-dismissed-with-prejudice-by-peter-j-biging-jennifer-h-feldscher#bio”>
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Peter J. Biging & Jennifer H. Feldscher
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<p>
Mona Shah & Associates Global, a corporate immigration law
firm headquartered in Manhattan, won a dismissal with prejudice
in New York Supreme Court, bringing to rest a highly publicized
lawsuit that had alleged legal malpractice, fraud, and breach
of fiduciary duty in connection with the plaintiff’s investment
in an c Visa Program project to obtain permanent residence
status in the U.S.
</p>
<p>
On January 17, 2019 plaintiff Wei Ding Fan, a Chinese national,
brought a suit in the Southern District of New York against the
law firm Mona Shah & Associates PLLC and Ms. Shah,
alleging, among other things, misrepresentation of the EB-5
investment, misrepresentation that he would obtain his green
card within two years, and that Shah solicited his business
without disclosing or obtaining a waiver of an alleged conflict
of interest. However, at plaintiff’s request the action was
voluntarily dismissed after questions were raised about whether
the court had subject matter jurisdiction over the case. Fan
subsequently brought the suit again in New York state court
asserting the same claims. In the New York State Court
complaint, covered
<a
href=”https://www.law360.com/articles/1121572/ny-firm-accused-of-misrepresenting-eb-5-visa-investment-“
>
in
</a>
<a
href=”https://www.law360.com/articles/1121572/ny-firm-accused-of-misrepresenting-eb-5-visa-investment-“
>
<em>Law360</em>
</a>
, Fan demanded the law firm repay his $550,000 investment.
</p>
<p>
<a
href=”https://www.goldbergsegalla.com/our-team/peter-j-biging”
>
Peter J. Biging
</a>
and
<a
href=”https://www.goldbergsegalla.com/our-team/jennifer-h-feldscher”
>
Jennifer H. Feldscher
</a>
, partners in Goldberg Segalla’s Manhattan office and members
of the
<a
href=”https://www.goldbergsegalla.com/practices/management-and-professional-liability”
>
Management and Professional Liability
</a>
practice, represented the Shah Defendants. After Goldberg
Segalla moved to dismiss on the documentary evidence of the
offering materials and Fan’s retainer agreement—which expressly
disclosed Shah’s representation of the company in which Fan was
going to be making the investment and included an express
waiver of any conflicts—and sought sanctions for the filing of
a frivolous complaint, Fan sought to again voluntarily dismiss
the action without prejudice, and on April 16 submitted a
stipulation of discontinuance of the action. In oral argument,
Jennifer stated that because the action had now been twice
voluntarily discontinued, pursuant to New York Civil Practice
Law Section 3217(c) the latest voluntary dismissal constituted
a dismissal with prejudice. The court agreed, and issued a
decision and order dismissing the action with prejudice on
September 23, 2019.
</p>
<p>
“I think justice was ultimately served, as this meritless
lawsuit cannot be further pursued,” Peter said. “But I hope
that the plaintiff’s choice to withdraw his complaint when
confronted with a motion to dismiss and a request for
sanctions—at the cost of having the claims dismissed with
prejudice—will receive as much attention as the complaint
received when it was filed.”
</p>
<p>
<strong>
More about Goldberg Segalla’s Management and Professional
Liability practice:
</strong>
</p>
<p>
Attorneys in Goldberg Segalla’s nationwide
<a
href=”https://www.goldbergsegalla.com/practices/management-and-professional-liability”
>
Management and Professional Liability
</a>
practice leverage hindsight, foresight, and insight to deliver
cost-efficient and strategic legal solutions for our
clients—every time. Our experience serving clients across
countless professions and industries includes aggressively
defending plaintiffs’ claims; minimizing damages from
legitimate errors, mistakes, and accidents; and educating and
preparing professionals to meet evolving and emerging
industry-specific risks.
</p>
<p>
Management and Professional Liability Vice Chair
<a
href=”https://www.goldbergsegalla.com/our-team/peter-j-biging”
>
Peter J. Biging
</a>
heads up the
<a
href=”https://www.goldbergsegalla.com/industries/lawyers-and-law-firms”
>
Lawyers and Law Firms
</a>
group within the practice. Peter and his team counsel and
defend other lawyers against legal malpractice claims, in
disciplinary proceedings where licenses are in jeopardy, and
against all kinds of other claims which are often asserted by
people who weren’t even the lawyers’ clients. We have defended
attorneys who practice in all areas of the law, including
personal injury, commercial litigation, mergers and
acquisitions, banking and finance, debt collection, estate
planning, bankruptcy, real estate, immigration, criminal law,
and matrimonial law, to name just a few.
</p>
<hr/><h4>
<a name=”bio”></a>
About The Author<br/>
</h4>
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<a href=”http://mshahlaw.com/about-us/” target=”_blank”>Peter J. Biging & Jennifer H. Feldscher</a> are partners in Goldberg Segalla’s Manhattan office and members of the Management and Professional Liability practice
<hr/>
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