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Trump’s ‘Gold Card’ Set Off Panic in an Unexpected Place: Real Estate

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Trump’s ‘Gold Card’ Set Off Panic in an Unexpected Place: Real Estate

President Trump’s plan to sell green cards for $5 million each, a program he is calling a “gold card,” has largely been met with a shrug. It’s not clear exactly how the program would work, if it’s legal or how many potential immigrants would really pay $5 million for a path to U.S. citizenship.

But in a niche area of dealmaking, alarm bells are blaring.

Howard Lutnick, the commerce secretary, said on Tuesday that the plan to effectively sell green cards would replace the EB-5 investor visa, a favorite source of funding for major real estate projects.

Massive developments — from New York’s Hudson Yards to the San Francisco Shipyard to, yes, Trump Plaza in Jersey City — have been financed in part by overseas investors applying to the EB-5 program, which grants permanent U.S. residence. Such investors are motivated by a green card, not by maximizing returns, and so for developers their capital tends to be less expensive than borrowing money from a typical commercial lender.

The real estate company owned by the family of Trump’s son-in-law, Kushner Capital, drew scrutiny for its use of EB-5 funding during the first Trump administration.

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Overall, the EB-5 program does not bring in a lot of money — about $4 billion last year in the context of the $28 trillion U.S. economy — but it represents a huge profit bump for a small but powerful political contingency: major real estate developers. They are not likely to see EB-5 killed without a fight.

“Cheap capital is the crack cocaine to the real estate industry and probably every other industry,” said Matt Gordon, the C.E.O. of E3iG, which advises both foreign investment-based visa applicants and U.S. companies seeking funding.

“They and their rather large political donations are going to be very motivated.”

Some background: EB-5 visas were established in 1990 to encourage investment in rural and economically depressed areas. Foreigners who invest either $800,000 or $1.05 million, creating at least 10 jobs, are eligible. Initially, that meant directly creating 10 jobs. Now most companies meet the requirement by showing the overall economy will gain 10 jobs as a result of each investor’s funding.

All sorts of companies can seek EB-5 investment — DealBook heard about pharmacies, hospitals, day care centers and manufacturing plants that raised money through the program — but the vast majority are real estate deals.

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News of Trump’s gold card plan sent this ecosystem reeling. “Naturally the whole world is panicking,” said Ishaan Khanna, the president of the American Immigrant Investor Alliance, a group that lobbies on behalf of EB-5 investors. “As India and China woke up, my phone blew up.”

“Everybody I’m hearing from is like ‘rush’ — get in as much as you can, because who knows how long” the program will last in its current form, Gordon said, “On both the sponsor side and on the immigrant side.”

Developers who qualify for the program win big savings. For example: One project Gordon is working on, a $100 million 19-story apartment building, qualifies for about $35 million of EB-5 funding. Traditional mezzanine debt financing for such a project might come with an interest rate of 10 or 12 percent, Gordon said, but the developer will pay 5 to 7 percent for EB-5 funding. “You’re really cutting, you know, 30 to 50 percent of your cost of capital, on a rather significant portion of your capital,” he added.

On top of saving money, developers say the program has been crucial during periods like the financial crisis when other funding sources become prohibitively expensive or scarce.

Unsurprisingly, the real estate industry has been one of the EB-5 program’s most ardent defenders. The National Association of Realators and the U.S. Chamber of Commerce lobbied against a bill introduced in 2017 that would have terminated the program.

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Such programs aren’t unusual. Seventy countries exchange permanent residency or citizenship for investments or donations, according to Kristin Surak, an associate professor at the London School of Economics who studies so-called golden visa and passport programs worldwide. In some countries, including Malta and Cyprus, the programs represent a significant part of the economy.

Proponents point to the jobs created. Critics say the EB-5 program falls short of its goal to stimulate investment in rural and distressed urban areas. Previous iterations allowed developers to gerrymander maps so that even densely populated and highly employed districts like Hudson Yards qualified for preferable terms. A 2022 law ended that practice and added new incentives to build in rural areas.

Would selling visas work better? Lutnick said on Wednesday that EB-5 projects “were often suspect, they didn’t really work out, there wasn’t any oversight of it.” It’s true that there have been horror stories: Two investors who raised $350 million from foreign investors for a massive development in Vermont, for example, were accused in 2016 of perpetrating the biggest fraud in the state’s history.

But according to a report from the Government Accountability Office that looked at pending petitions in 2021, less than 1 percent were found to be fraudulent or posed national security risks (about 3 percent were investigated). Additional safeguards were added in the 2022 law.

The gold card may have a different problem: A dearth of applicants. Participants in the EB-5 program expect to get their $1 million investment back at some point, whereas Trump’s plan requires a $5 million donation that isn’t returned.

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The EB-5 program drew about 7,000 investments between April 1, 2022 to July 31, 2024, according to data compiled by the American Immigrant Investor Alliance. Even if the gold card comes with a tax benefit, why would a substantially larger group of foreigners — Trump said “maybe a million” — be willing to pay the much higher cost?

Many in the industry see Trump’s plan as unworkable. Trump would need congressional approval both to abolish a visa program that was created by law and to allocate visas for a new one. “This is unpredictable,” Khanna said. “No one truly knows where this is going.”

More than Trump’s recent announcement, which lacked specifics, many of the big players in the ecosystem — including the companies that put together the funds, the developers and the lawyers — are focused on what will happen in 2027, when the EB-5 program expires and needs to be renewed by Congress.

They’re betting on compromise. The players in such investments are hoping the gold card becomes an addition rather than a replacement.

The idea may already be breaking through: By Wednesday, Lutnick had changed how he described the gold card plan, saying it would “modify” the EB-5 program, but it was unclear what specifically would change.

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— Sarah Kessler

President Trump’s meeting with President Zelensky of Ukraine turned into an explosive shouting match on live television, a moment unlike anything we’ve ever seen at the White House. At an Oval Office appearance Friday the Ukrainian president met with Trump to sign a mineral rights deal, when Trump accused Zelensky of being ungrateful and “gambling with World War III.” Zelensky had questioned whether Trump would be able to get President Putin of Russia to honor a peace agreement without security guarantees, saying the Russian leader had broken cease-fire accords in the past. Vice President Vance, sitting on a nearby couch, chastised Zelensky for not showing more appreciation for Trump’s efforts. The U.S. president then issued an ultimatum: “You’re either going to make a deal or we’re out.” The fiery exchange (here’s the video) revealed Trump’s nakedly combative approach to dealmaking. Zelensky left without signing the mineral agreement. Elon Musk, whose Starlink satellite internet service has been vital to Ukraine’s military defenses, seemed to praise Trump on X after the exchange.

Shari Redstone urged her board to find a resolution with President Trump. Redstone, who is trying to sell Paramount, her family business, to David Ellison’s Skydance, directed her board to find a way to resolve Trump’s lawsuit against the company’s CBS News division, DealBook was first to report. The president sued the company last year for $20 billion, accusing the network of deceptively editing an interview with Vice President Kamala Harris to cast her in a more favorable light. Even though legal experts say Trump has a weak case, some Paramount executives feel a settlement would smooth the way with the Trump administration toward greenlighting the company’s Skydance merger.

Apple’s Tim Cook gave a lesson in the art of dealmaking with President Trump. The Apple leader drew praise from Trump for his commitment to invest $500 billion in the United States and create 20,000 more jobs over the next four years. The stakes are high for Apple because its iPhones are primarily made in China, which faces an additional 10 percent tariff on exports. But Cook appeared to take a page out of his playbook from Trump’s first term, when he pledged more U.S. investment and won tariff exemptions. By the way, that $500 billion commitment was probably already earmarked. Expect similarly framed corporate announcements to follow.

The S.E.C. said memecoins aren’t like stocks and bonds. That means you and I can trade them at our own risk and the novelty crypto tokens — including those tied to President Trump and the first lady, Melania Trump — won’t be subject to regulatory oversight. Trump, whose presidential campaign was backed by top crypto executives, has promised less regulation for the industry. Even so, the price of Bitcoin has plunged in recent days, stoking concern about crypto volatility.

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President Trump and President Putin of Russia marked the third anniversary of the Kremlin’s full-scale invasion of Ukraine this week with a similar message: Russia will soon be open for business. Never mind that Russia and the United States remain far apart on the fundamental terms of a peace negotiation, or that Russia is under heavy sanctions by Western countries, or that uncertainty over the region’s future has only grown after yesterday’s Oval Office blow-up.

DealBook spoke with Charles Hecker, a former reporter for The Moscow Times and a geopolitical risk consultant who for decades advised Western companies on expanding their business in Russia, about the prospect of business leaders taking Trump and Putin up on the pitch. (A reminder: most, but hardly all, Western companies left Russia shortly after war in Ukraine broke out.)

Hecker is the author of the book “Zero Sum: The Arc of International Business in Russia,” which is set for publication in the United States next week. This interview has been edited for brevity.

The assumption is that Western, and especially American companies, will not return to Russia any time soon. How do you see it playing out?

Inside a number of companies, conversations are already taking place about whether and how to go back to Russia. And those conversations probably preceded this flurry of diplomatic activity between Moscow and Washington. There are also companies that have decided already, resolutely, that they are not going back. What this speaks to is risk appetite. There are clearly companies that have cast iron stomachs and bottomless appetites for risk. Those are the companies that are probably considering going back to Russia most actively.

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Who might they be?

These are companies in the energy sector, and more broadly, in the natural resources sector. These are companies that are thoroughly accustomed to doing business in very-high-risk jurisdictions.

For companies with a higher appetite for risk, what kind of negotiated resolutions between the West and Russia would they view as a kind of all-clear?

One of the red lines is sanctions. If part of the resolution of the war on Ukraine is sanctions relief, then there will be companies that see that, essentially, as a signal to go back.

What kind of Russia is waiting for them?

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Over the past three years there have been some changes that have taken place that will be very, very difficult to reverse. We all know of the famous headline-grabbing nationalizations and reallocations that took place, like Danone and Carlsberg — really high profile expropriations. There is a new business elite in Russia that is one level below the individuals who have been sanctioned who serve largely at the pleasure of the Kremlin. This new business elite has possession of a great number of very shiny new toys that were previously Western companies. It’s a valid question to ask about whether these new owners are going to want to give their shiny new toys back. And if they do, whether under political pressure or otherwise, what would the cost be?

Thanks for reading! We’ll see you Monday.

We’d like your feedback. Please email thoughts and suggestions to dealbook@nytimes.com.

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Landmark downtown apartment tower faces foreclosure

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Landmark downtown apartment tower faces foreclosure

A landmarked downtown Los Angeles apartment building designed by famed Los Angeles architect John Parkinson is on the market as its owners face foreclosure.

Residences in the Metropolitan, a 10-story tower built in 1913, are nearly filled with tenants but its ground floor retail spaces on Broadway and 5th Street are unoccupied, as are other street-level stores in downtown’s Historic Core.

The historic building was once considered one of the best in the city and is owned by the Fallas family, which operated a chain of value-priced clothing stores based in Gardena including one called Fallas Paredes in the Metropolitan.

Fallas-Paredes at 449 S. Broadway, Los Angeles, CA 90013.

(Google Maps)

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Around 2011, Michael Fallas, who once worked in family’s downtown store as a stock boy, converted the upstairs floors from offices to apartments while continuing to operate Fallas Paredes. The store closed more than five years ago in the wake of a 2018 filing by its parent company for Chapter 11 bankruptcy protection.

Earlier this month in state Superior Court, a special servicer representing Fallas’ lender asked for a judicial foreclosure of the property, alleging that Fallas had stopped making payments on a $32 million loan dating to 2017. After leasing the property for years, Fallas bought the building in the 1990s.

Fallas didn’t respond to requests for comment.

The location of the Metropolitan where the buildings stands was hailed in a Times story in 1912, saying “it is regarded by many realty men as the most valuable piece of real estate in Los Angeles.”

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The building today is recognized as a city historic-cultural monument because “Broadway became the commercial center of the Southland, a title it retained until well after World War II,” with its development, the city said. One of the architects who designed the Metropolitan in the Beaux-Arts style was John Parkinson, who is credited with designing such well-known local structures as City Hall, the Los Angeles Memorial Coliseum and Union Station.

Notable tenants in the Metropolitan have included the Los Angeles Public Library, Owl Drug Co., variety store J.J. Newberry and real estate company Janns Investment Co., which sold the land where UCLA is built and developed Westwood Village, among other Los Angeles neighborhoods.

In recent years, the buildings around the Metropolitan have struggled to keep retail tenants after a spurt of residential conversions of historic buildings starting in the early 2000s brought commerce to the neighborhood. Many downtown businesses have struggled since the pandemic reduced occupancy in offices downtown and reduced the flow of visitors.

“The lack of bodies on the street is generally hurting downtown, and that’s one of the reasons that has building has problems,” said downtown real estate broker Hal Bastian, who lives in the Historic Core.

There are close to 1,000 residential units in historic buildings at the intersection of Broadway and 5th Street, Bastian said, but all the ground floor stores are closed. Drug stores there suffered substantial losses from shoplifting he said, and now, “our challenge on Broadway is leasing.”

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The 88 apartments in the Metropolitan are 91% rented, according to a listing for the property by the Zacuto Group, which also touts its roof deck with pool, fitness center and barbecue grills. No sale price is set.

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January 2025 wildfire victims seek tougher penalties against State Farm over claims handling

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January 2025 wildfire victims seek tougher penalties against State Farm over claims handling

A fire survivors’ group announced Thursday it was seeking tougher penalties against State Farm over its handling of January 2025 wildfire claims.

The Every Fire Survivor’s Network said it was petitioning to join a state enforcement action announced this year against the company to make sure the case results in meaningful changes at California’s largest home insurer.

“We’re seeking a systematic review of all their claims and penalties calibrated to the actual scale of the harm — and we’re seeking the payouts that families are owed,” said Joy Chen, executive director of the group, at a Pacific Palisades news conference joined by victims of the fires.

The Department of Insurance in May filed an administrative action against State Farm General — the subsidiary of the giant Bloomington, Ill., insurer that handles California home insurance — after completing a “market conduct” exam.

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The Jan. 7, 2025, fire damaged or destroyed more than 18,000 structures and killed 31 people.

State Farm has received more January 2025 claims than any other insurer — more than 13,700 auto and homeowners claims as of May 4, with payouts totaling $5.7 billion, according to the company.

The market conduct exam looked at 220 sample claims filed by the victims and found 398 violations of state law in about half of them.

Among other alleged violations, it found that the company failed in numerous cases to pursue a “thorough, fair and objective investigation” into claims, failed to come to “prompt, fair, and equitable settlements” and made settlement offers that were “unreasonably low.”

In announcing the action, Insurance Commissioner Ricardo Lara called the company’s claims handling “unacceptable” and said his department was taking “decisive action to hold them accountable.”

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The state is seeking a “cease and desist” order to stop the insurer from engaging in unfair or deceptive practices.

It also has threatened to suspend State Farm’s license over the alleged violations, which each carry a penalty of up to $5,000 — or twice that figure if found to be willful. That could amount to a penalty of $2 million or more.

The threat to actually suspend State Farm’s license and its authority to write policies has been viewed skeptically by some, given its roughly 20% market share of the state’s home insurance market.

The company, which had an opportunity to include its responses in the exam report, denied fault in some cases and admitted fault in others. It often blamed problems on individual adjusters and denied systemic issues with its claims handling.

The petition filed by the wildfire survivor’s group criticizes the sample size of the market conduct exam as too small to capture all the alleged deficiencies in State Farm’s claims handling, which it claims are a “general business practice” of the company.

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The group is seeking to conduct discovery, cross examine witnesses, present testimony from fire victims and bring more that 1,600 firsthand policyholder statements regarding State Farm’s practices into evidence, according to the petition.

It also wants State Farm to reopen cases in which claimants were paid too little, and it is seeking to participate in settlement discussions in order to increase any penalty State Farm would pay.

It calculated that a $2-million penalty would amount to a minute fraction of the assets of the State Farm Group.

“I submit to you that doesn’t defer bad conduct, it just allows you to continue to do it,” said Michelle Meyers, an attorney for Every Fire Survivor’s Network, at the news conference.

Consumer Watchdog, which has been a harsh critic of State Farm, also is providing legal support for victims’ effort.

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Sevag Sarkissian, a spokesperson for State Farm, said the company was aware of the petition.

“We recognize that many wildfire survivors, including those that are State Farm General policyholders, continue to face difficult recovery challenges,” he said. “Our focus remains on helping customers recover.”

Michael Soller, a spokesperson for Lara, said the department is “acting with urgency to assist wildfire survivors in their ongoing recovery by investigating formal complaints filed by survivors and conducting the expedited market conduct exam that led to this enforcement action.”

He added that the department’s position is the state’s Administrative Procedure Act does not contemplate the commissioner or department staff authorizing intervention requests in the case.

He said that would be a hearing officer’s or administrative law judge’s decision when one is assigned to the case.

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Meyers acknowledged the request was novel but said her reading of the law is that Lara can make the decision because no judge is yet assigned.

In response to the criticism, State Farm pledged earlier this year to improve its claims handling, including by providing single points of contact and improved communication so there are “fewer handoffs, fewer repeated explanations, and seamless support.”

It also named a new vice president of customer relations for State Farm General.

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Uber, California lawyers say deal reached to avert dueling ballot initiative showdown

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Uber, California lawyers say deal reached to avert dueling ballot initiative showdown

The state’s trial attorneys and Uber say they have reached a last-minute deal to scrap their dueling ballot measures and avert what was gearing up to be one of most expensive battles of the November election.

The deal, which comes a day after both measures qualified for the November ballot, has Uber agreeing to bulk up safety measures, while the trial attorneys will limit how much they can claim for lien-based medical treatment of victims who get in Uber or Lyft accidents, according to spokespeople for both sides of the campaign.

“Both sides agree: Californians deserve a system that’s safe, fair, and accountable,” read a joint statement from Uber and the Consumer Attorneys of California, a powerful attorney trade group. “This agreement protects patients from unnecessary treatment or getting overcharged, ensures access to medical care and legal representation, and strengthens safety measures.”

The agreement, finalized Thursday, means the ride-share giant will kill its ballot measure to cap how much attorneys can earn in vehicle collision cases and limit medical damages to rates based on insurance. Uber has argued that the costs for medical treatment done on a lien, which allows doctors to get paid from a cut of the plaintiff’s payout, far exceed what it would cost if the victim had used their own insurance.

In return, the Consumer Attorneys of California will cancel its competing ballot measure that sought to increase legal liability for ride-share companies if a passenger is sexually assaulted by a driver. The measure followed an investigation by the New York Times into sexual assault by drivers.

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Both sides had poured tens of millions into the campaigns, plastering billboards across Los Angeles.

Lawyers claimed the fight had turned existential with the measure threatening to decimate the profit margin of many personal injury cases and leave drivers with small or thorny cases unable to find an attorney willing to take their case.

Spokespeople say the deal is predicated on their agreement being codified into a bill within the next week. Otherwise, they said, each side will move forward with its ballot measure.

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