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