Sep. 25, 2020
Dear Sir/Madam, My name is Yuhao Pan. I am one of the investors of the Cupertino LP Fund and an Eligible Investor of the Administrative Proceeding No. 3-19597. I am emailing to object the current proposed Plan of Distribution, as it does not include a mechanism for interested investors to re-invest our EB-5 funds to preserve immigration application priority status. I petition the SEC for providing options for reinvestment. To my knowledge, a considerable number of investors, even within our group represented by Julie, including myself, have signed the petition to re-invest. That does not yet include Eligible Investors represented by other attorneys groups but also wish to re-invest their funds. The majority of us has vast interest in actually committing the re-investment when a feasible mechanism is present. We trust the Receiver appointed by the SEC. And we are also confident that the re-investment mechanism proposed by SEC, if proposed, will be highly received, and very executable for us to partake and fulfill our EB-5 objective. With that, we ask the SEC to not ignore the vast interest and motivation of us who really wish to be able to re-invest our funds and keep our priority status in the immigration process. It is also to my knowledge that there are a number of regional centers, including Golden Gate Global, that has proposed to take over our EB-5 project and has submitted detailed executable proposal to the SEC. I understand GGG has past experience in helping investors in similar situations, if not the same, to reinvest their EB-5 funds and maintain priority status. Majority of us Eligible Investors including myself have read their proposal, and we all find it very feasible and promising. It is also to my knowledge that the owner of the Cupertino project is also very cooperative and willing, if the re-investment mechanism is in place, to accept EB-5 funds to fulfill his development project. Thus, I ask the SEC to consider that there can be a very suitable and feasible path for re-investment that can benefit all of the Eligible Investors, when a re-investment mechanism is in place. Lastly, I wish to point out that, with the team effort of SEC, attorneys including Julie who represents us, and all Cupertino LP Fund investors, we already committed to assign a Receiver, trusted by the SEC, to pave the way for a possible re-investment mechanism. There have been fees and attorney costs that's already imposed on all investors, not to mention the time and effort that every party, including SEC, has put into. It is only fair and reasonable to carry it on and at least to present the re-investment options for review, which is to the interest of all parties. I plead the SEC to re-consider the interest of us Eligible Investors who wish to re-invest and add a re-investment mechanism in the Plan of Distribution. Thank you for your consideration! Yours sincerely, Yuhao Pan