The EB-5 industry has historically been rife with potential conflicts of interests that vary in severity. Examples of these may include fiduciaries participating in self-dealing, attorneys representing both projects and investors unbeknownst to the investors, or even lawyers doubling as commissioned sales agents, among other scenarios.
Such practices bear a significant risk of causing harm to investors, leading to potential losses in their investments and even threatening their immigration status. The professionals involved are also exposed to substantial risks, both professionally and financially, due to the potential for government enforcement actions and investor lawsuits.
It looks like the industry is becoming more ethical compared to its past, which is certainly a welcome development. For the sake of the continued success of this valuable program, I hope this change is genuine and will continue in the future.
Until then, investors have a number of powerful legal tools at their disposal to use if they feel like they were harmed (immigration-wise or financially) by unethical professionals or fiduciaries.