Author Archives: yongfu

2020 Mergers and Acquisitions

Our firm, Lei Jiang LLC, started 2020 with a good volume of deals and mergers and acquisitions. We continue to handle variety of deals. In January, we successfully concluded an acquisition of a US college by a Canadian educational group. Then we put several deals together before COVID-19 spread in US. They included a recycling company’s expansion and acquisition and several restaurant acquisitions. Currently, we are in the midst of a Chinese metal company’s second phrase acquisition of a US company.

Even though COVID-19 pandemic slowed down M&A activity due to uncertainty in valuations and companies focusing on liquidity and cost efficiencies, we expect to see more activities in three categories taking place,

  1. Well-funded strategic buyers using this opportunity to build sizeable positions in targets and /or attempt takeovers of undervalued companies,
  2. Corporates selling or spinning off non-core assets to address liquidity, leverage and valuation issues,
  3. Investors contributing capital in exchange for significant equity stakes in businesses in need of a recapitalization or with liquidity constraints.

If anything can be learned from 2008-2009 financial crisis, we can expect a renewed use of equity as form of consideration for transactions among corporates. If you have any questions regarding M&A, please contact us. We specialize in international mergers and acquisitions and complex transactions.

For legal issues, please contact us.

© 2020 Copyright by Lei Jiang LLC. All rights reserved.

2019-2020 White Collar Crime- Ohio RICO Defense

We represented two of eighteen defendants in a complex criminal RICO case in Cuyahoga County Common Pleas Court in 2019-2020. Eighteen defendants were charged with various crimes, including RICO and other serious felonies. Moreover, most of them were immigrants. Therefore, severe immigration consequences became important consideration too.

RICO refers to racketeer influenced and corrupt organizations act enacted first by the US federal government, then by many states. The federal RICO was enacted in 1970 and applies only to illegal activity involving interstate or foreign commercial. Since then, many states have adopted laws based on the federal statute. These statutes provide for extended criminal penalties as well as civil lawsuit for acts performed as part of an ongoing criminal organization. Acts include bribery, extortion, fraud and murder. These laws allow the leaders of a syndicate to be tried for the crimes they ordered – this closed a perceived loophole that the boss did not actually commit the crime personally.

Since RICO is one of the most serious crime, the burden of proof is onerous on criminal prosecutors, but if a prosecutor establishes a criminal RICO claim, the defendant goes to jail which may be many years.

In this case, we obtained desired results for our clients. We actively engaged the clients, filed all necessary motions, and conducted successful plea bargains.  In the end, the clients did not go to jail, did not pay fine, and received only very minor charges.

If you are charged, we can help. For legal issues, please contact us.

© 2020 Copyright by Lei Jiang LLC. All rights reserved.

Cases at Cleveland Immigration Court

During August and September 2019, Lei Jiang Law Firm took six bond cases and represented these clients at Cleveland Immigration Court. Six women were not charged with any wrongdoing but were detained by immigration customs enforcement (ICE) when FBI, Ohio Investigative Unit and local police forces raided several massage establishments in Ohio in July 2019. 

All six women were Asian, did not speak much English, came from New York, worked as massage therapist/masseuse, and lacked financial resources. We represented many of them pro bono, but work quality remained high.  We interviewed these clients at ICE detention centers and discovered some were victims of human trafficking. As a result, we engaged victim advocacy professionals and arranged appropriate assessments.

In the Court, attorney Lei Jiang successfully argued on behalf of each woman and obtained reasonable bond for them. As a result of our effort, all six women were released by ICE and reunited with their families. But our work did not stop there. We provided further help, such as information and connecting these women with non-profit organizations in New York for future assistance. We were proud that we helped when they were in despair.

Practicing immigration law in immigration courts is a challenging task in today’s climate.  Law is changing rapidly, the general sentiment is against immigration, and sympathy is rarely seen in courts. Even though such cases were not in our normal line of practice, we remind committed to the basic calling of this profession – help the needed, give a voice to voiceless, and hold ourselves to the highest professional standard.  

For legal issues, please contact us.

Five Straight Years as Super Lawyers Rising Star

Ms. Jiang is once again selected as Super Lawyers Rising Star for 2019, an honor reserved for only 2.5% of lawyers who exhibit excellence in practice in their early years.

Ms. Jiang was first selected to the Ohio Rising Starts in 2015. Since then, she has continued the pursuit of excellence in the legal profession and has been selected as Rising Star continuously since.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.

The selection process for the Rising Stars list is the same as the Super Lawyers selection process, with one exception: to be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less.

Ms. Jiang is admitted to practice law in Ohio, New York, Michigan and Illinois. Since 2009, she has focused her practice on several legal areas including corporate law, real estate, immigration, intellectual properties, and litigation. We congratulate Ms. Jiang for her excellent work in these ever changing legal fields.

A Complete Success in Court of Appeals for the Sixth Circuit

On September 27, 2018, the Sixth Circuit affirmed the US District Court for the Northern District of Ohio’s ruling on all aspects in Rui He, et al. v. Davor Rom, et al. Case No. 17-3411. This marked a complete victory for Plaintiffs in this case. Plaintiffs-Appellees were led by attorney Lei Jiang in this appeal.

The case was initially filed as a class action. It is related to real estate. Defendant-Appellant Davor Rom and his various companies sold over three hundred (300) distressed real estate properties as highly lucrative investment opportunities to foreign investors from six continents. It was a large-scale fraudulent scheme which harmed more than 140 investors.

Subsequent to Sixth Circuit decision, Defendants-Appellant filed en banc rehearing request. Defendants can also try to petition U.S. Supreme Court for hearing.

This is a very complex case involving a large amount of electronically stored information and international transactions, many parties, numerous linked parts, and intricate schemes. If your case is this complex and the stakes are this high, you certainly need a skilled litigation law firm to represent you. Please contact us.

Successful Criminal Defense in a Michigan State Court

On April 27, 2018, one of our cases was dismissed by 67th District Court, Case no. 17TA0776. Our client was charged with a felony crime. After good effort on part of the attorneys, we successfully got the case dismissed. The client is free of all charges.

Our client is exuberated over the result. It is especially important due to her immigration status. Thereafter, she gave our legal service a “5” star rating. To see other clients’ rating of us online, please go to https://www.avvo.com and find attorney Lei Jiang. More than 50 clients have rated legal service provided by our lead counsel, Ms. Lei Jiang, a five star service!

Whether it is a criminal or civil case, we handle your case with uttermost care and best effort. If you or your company need a competent law firm to handle disputes or litigation, please contact us.

 

A Possible Path for International Entrepreneurs

On December 14, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it would take steps to implement the International Entrepreneur Rule (IER) in accordance with a court decision on December 1, 2017.

IER was published during the Obama administration to provide an unlimited number of international entrepreneurs a new opportunity to apply for parole, enter the U.S. and use American investments to establish and grow start-up businesses.

Since this is parole, it is a discretionary grant made by the Secretary of Homeland Security and is granted only on a case-by-case basis. Moreover, the Trump administration has made it clear that parole should be used scarcely.

While DHS implements the IER, it is also proceeding with issuing a notice of proposed rulemaking seeking to remove the IER.

Four straight years being rated by Super Lawyers

Ms. Jiang is once again selected to Super Lawyers Rising Star in 2018, an honor reserved for only 2.5% of lawyers who exhibit excellence in practice in their early years.

Ms. Jiang was first selected to the Ohio Rising Starts in 2015. Since then, she has continued the pursuit of excellence in the legal profession and has been selected as Rising Star continuously since.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.

The selection process for the Rising Stars list is the same as the Super Lawyers selection process, with one exception: to be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less.

Since being admitted to the Ohio bar in 2009, Ms. Jiang has focused her practice on several legal areas such as corporate law, real estate, immigration, intellectual properties, and litigation. Passion has always been a key ingredient in Ms. Jiang’s practice. “It is hard work,” Ms. Jiang agrees, “but I love it because I can help, because it is rewarding, and it is also intellectual stimulating.” We hope Ms. Jiang continues this track of excellence and be a leader in these ever changing legal fields.

Changes to Direct Filing Addresses for Form I-129 Petitions

On October 12, 2017, USCIS changed the direct filing addresses for certain petitioners of Form I-129, Petition for a Nonimmigrant Worker. The changes are as follows:

Petitioners now file Form I-129 according to the state where the company or organization’s primary office is located. Previously, petitioners filed Form I-129 based on the beneficiary’s temporary employment or training location.

Petitioners located in Florida, Georgia, North Carolina and Texas now file Form I-129 at the California Service Center.

Starting November 11, 2017, USCIS may reject Form I-129s that are filed at the wrong service center.

Good Outcome in another Criminal Case

Our client, an International student, is satisfied with the outcome of his criminal case. The case, State of Ohio v. Chen, Case No. 17CRB00347, was prosecuted at the Oberlin Municipal Court. Our client was charged with two first-degree misdemeanors — assault and domestic violence. Such charges, if convicted, would result him to be immediately deported.

A unique fact in this case was that the client admitted the wrong and much more when he was confronted by the police officers. Thus, his admission was the most fatal fact in the case.  After motion to suppress and suppression hearing, the court ruled that his admission would not be excluded. The case was scheduled for the trial and we were prepared for going forward.

But in the final pretrial, the prosecution offered a charge that was much less in severity. The Client decided to take the plea bargain.  The reduced charge will not affect client’s visa and his stay in the United States. Thus a satisfactory result for the client.

Even though we were prepared for trial, the client must make all important decisions, such as taking or rejecting the plea bargain, as it was in this case.  Trial is risky. If defense wins, the client wins all, if defense loses, the consequence could be huge.

If you need a criminal defense attorney, please contact us. The initial consultation is free.