Thomas Henderson, EB-5 Visa Investment Scheme, California 2022

OAKLAND, CALIFORNIA – Thomas Henderson, 72, of Oakland, California, pleaded guilty in federal court today to one count of conspiracy to commit wire fraud and one count of making a false statement to a government agency related to his role in deceiving investors in various Oakland, California-based businesses, announced Acting United States Attorney Stephanie M. Hinds; U.S. Department of State’s Diplomatic Security Service (DSS) Special Agent in Charge William Chang; Homeland Security Investigations Special Agent in Charge Tatum King; and Federal Bureau of Investigation Special Agent in Charge Craig Fair.

Henderson pleaded guilty to one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, and one count of making a false statement to a government agency, in violation of 18 U.S.C. § 1001(a)(2). The conspiracy charge carries a maximum statutory penalty of 20 years in prison and a fine of up to $250,000. The false statement charge carries a maximum penalty of 5 years in prison and a fine of up to $250,000.

According to Henderson’s plea agreement, Henderson admitted he formed the San Francisco Regional Center, LLC (SFRC) in 2010 to raise money from foreign investors through the “EB-5” visa program, a job-creation and immigration program administered by U.S. Citizenship and Immigration Services (USCIS). From 2011 to 2017, SFRC raised more than $100 million from foreign investors for seven commercial enterprises approved under the EB-5 program.

Henderson admitted that by at least the middle of 2014, SFRC began using investor funds for purposes and projects other than the specific enterprise corresponding to the investment, and that investors were not specifically told that their investment funds would be or were used for those purposes. For example, Henderson admitted that funds raised from 42 investors for the enterprise North America 3PL LP were used for other projects and businesses, including to fund the operation of earlier struggling projects.

Henderson also admitted that he made false statements to USCIS when he submitted a declaration to the agency regarding the use of North America 3PL investor funds. Chief Judge Seeborg scheduled Henderson’s sentencing for June 7, 2022.

A second defendant, Cooper Lee, 44, formerly of Oakland, also pleaded guilty to one count of conspiracy for his role in diverting certain investor funds. Lee pleaded guilty to one count of conspiracy, in violation of 18 U.S.C. § 371, which carries a maximum penalty of 5 years in prison and $250,000. Under the terms of his plea agreement, Chief Judge Seeborg scheduled Lee’s sentencing for December 7, 2021.

The investigation of Henderson and Lee was conducted by the Federal Bureau of Investigation, Homeland Security Investigations, the U.S. Department of State’s Diplomatic Security Service, and U.S. Citizenship and Immigration Services.

MORE FEDERAL CRIME NEWS

White Collar Crime

Tim Koropatnicki, Unauthorized Use of Benefits, North Dakota 2015

Apr 20, 2015

White Collar Crime

Ariel Madero Paez, Health Care Fraud, Florida 2022

Oct 12, 2022

White Collar Crime

Jerome Keith Holloway, Wire Fraud, Nevada 1998

Jan 15, 1998

White Collar Crime

Luis Felipe Oyoqui-Martinez, Wire Fraud, Nevada 2000

Jan 15, 2000