EB5 Investors Magazine Volume 5, Issue 2 - Page 119

A CLOSER LOOK AT THE LAW MARIZA MCKEE Mariza McKee is a securities and transactional partner in Kutak Rock LLP’s Chicago office. She supervises the firm’s national EB-5 finance practice and leads an interdisciplinary team of lawyers. She represents clients in a variety of securities, commercial, and merger and acquisition matters. She approaches EB-5 transactions from a risk manager’s vantage point and constructs legal strategy to help clients navigate securities laws and achieve business objectives. McKee is an active member of the EB-5 community and a frequent speaker and writer on EB-5 and securities law considerations. ROBERT AHRENHOLZ Robert Ahrenholz is an EB-5 financing consultant and a board member of trustees of a registered mutual fund. He focuses his practice on securities, corporate finance and structured financing matters. He formerly served as assistant director in the Division of Corporation Finance of the SEC at Washington, D.C., and was a partner of Kutak Rock LLP’s Denver office for over 34 years. He also worked as securities counsel for numerous EB-5 financings and assisted developers extensively on documenting and structuring EB-5 financing programs. Sources: 1 Securities and Exchange Commission v. Serofim Muroff et al, case 1:17-cv- 00180-CWD, (D. of Idaho, 2017) (the “Idaho Complaint”). www.sec.gov/ litigation/complaints/2017/comp-pr2016-87.pdf. 2 15 U.S.C. 78a-78kk. 17 C.F.R. 240.10b-5. 3 15 U.S.C. 77a-77mm. 4 15 U.S.C. 80(b). The difference between Sections 206(1) and 206(2) on the one hand and Section 206(4) on the other, is that the former relate to actions against clients that usually refers to companies, and the latter which relates to investors in those companies. 5 17 C.F.R. § 275.206(4)-8 (sometimes referred to herein as the “rule.”) 6 For a history of Rule 206(4)-8, see t