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# Other

# SEC v. Palm House Hotel, LLLP, et al. Case No. 18-cv-81038 (S.D. Fl.)

                            Oct. 14, 2022                       

On August 18, 2018, the Commission filed a complaint (the “Complaint”) against Palm House Hotel, LLLP (“PHH”), South Atlantic Regional Center, LLC (“SARC”), Joseph J. Walsh, Sr. (“Walsh”), Robert V. Matthews (collectively, the “Defendants”), and named 160 Royal Palm, LLC (“Royal Palm”) and United States Regional Economic Development Authority LLC d/b/a EB5 Petition (“USREDA”) as relief defendants. According to the Complaint, from November 2012 to March 2015, the Defendants defrauded 88 investors participating in the Immigrant Investor Program (“EB-5 Program”) of approximately $44 million by misrepresenting that PHH would loan investor funds to Palm House LLC to acquire, develop, and operate the Palm House Hotel located in Palm Beach, Florida. Instead, Walsh and Matthews misappropriated a significant portion of the investor funds. *See* Complaint.

On November 20, 2019, the Court entered final judgment against Royal Palm, ordering Royal Palm to pay disgorgement and prejudgment interest of $27,671,214.35. *See* Royal Palm’s Final Judgment. By final judgments entered on March 11, 2020, the Court ordered SARC, Walsh and USREDA to pay a total of $65,172,165 in disgorgement and prejudgment interest, and ordered Walsh to pay a civil penalty of $8,078,000. *See* SARC’s Final Judgment, Walsh’s Final Judgment, and USREDA’s Final Judgment.

On June 12, 2020, the Commission filed a motion for an order appointing Miller Kaplan Arase LLP, as the Tax Administrator to fulfill the tax obligations of the Distribution Fund and appointing JND Legal Administration, as the Distribution Agent to oversee the administration and distribution of the Distribution Fund to harmed investors. See the Commission’s Motion.

On June 18, 2020, the Court entered an order approving the Commission’s motion. See the Court's Order.

On November 10, 2020, the Commission filed a motion for an order approving a proposed distribution plan (“Plan”) and related relief. See the Commission’s Motion together with supporting documents .

On November 13, 2020, the Court entered an order approving the Plan and granted the related relief. See the Court’s Order and the Plan.

Royal Palm has been subject to Chapter 11 bankruptcy proceedings in the Southern District of Florida (18-19441-EPK), and by 2021 the Commission collected approximately $6.7 million of its judgment against Royal Palm through those bankruptcy proceedings (the “Distribution Fund”). Any additional funds collected pursuant to the Defendants’ final judgments will be added to the Distribution Fund.In 2021, the Distribution Agent completed a distribution of approximately $6.6 million to harmed investors.In late 2022, the Commission received additional funds from related bankruptcy proceedings and, in March 2023, the Distribution Agent distributed approximately $700,000 to harmed investors. 

If the Commission receives additional funds and a third distribution is feasible, the Distribution Agent will make another distribution. Please continue to periodically check the Distribution Agent’s website at www.palmhousehotelfund.com, for the Distribution Agent’s quarterly status reports (under the “Important Documents” tab) and for additional information as it becomes available. Any investors whose contact or other information has changed should communicate the change(s) to the Distribution Agent as directed on that website and/or using the contact info below.

For more information, please contact the Distribution Agent:

JND Legal AdministrationTelephone Number: 1-888-383-0356Website: https://www.palmhousehotelfund.com/Email: info@PalmHouseHotelFund.com

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