Securities Law Implications for Real Estate Syndications
White House order to open 401(k)s to PE/real estate; proposal to automatically qualify advised clients as accredited investors. SEC confirms digital attestations for 506(c) verification. SEC Form D data: private placements raised $2.4T in 2025, 11% YoY growth; Q1 2026 pace annualizes to $3T+. New resources: accredited investor verification guide, bad actor disqualification, LP diligence framework, REPS deep dive. Cautionary tales: $50M Ponzi scheme and new $650M Ponzi scheme with fugitive on FBI list. Article 'That 8% Cap Rate Is A Trap' reinforces tenant credit analysis. New resource: practical guide on reading a Real Estate PPM – downside-first due diligence framework. New article on LP protections with operating agreement provisions using Rishi Kapoor fraud case. New due diligence framework 'Ten Questions I Run on Every Private Real Estate Deal' covering sponsor alignment, fees, debt, tax. New article 'Custom Capital on Why a Sponsor’s Track Record Isn’t the Only Syndication Risk' challenges assumption that syndications are safer due to multiple investors; highlights structural concentration risk.