Queens resident Tommy Aijie Da Silva Weng, also known as “Tommy Weng Da Silva” and “Jacky,” was arrested this morning after prosecutors charged Weng with impersonating a federal law enforcement officer and defrauding a victim by falsely claiming he could secure her a green card through the EB-5 Immigrant Investor Visa Program.
According to the unsealed indictment released today by Brooklyn federal court, prosecutors allege that Weng drove a red Hummer with a vanity plate featuring the acronym “ICE,” referencing U.S. Immigration and Customs Enforcement, to bolster his fabricated identity.
Prosecutors said that Weng, the owner of Brooklyn-based company Ding Cheng Overseas Management Inc., used the EB-5 program as a cover for an elaborate fraud scheme. Weng allegedly convinced a Chinese citizen residing in the U.S. to invest $500,000, falsely promising expedited approval for her EB-5 visa application.
Court filings reveal that Weng first met the victim in June 2016, claiming he was recruiting investors for a U.S. government-backed hotel project in California. To gain her trust, Weng allegedly posed as a federal law enforcement officer, showing her a badge and providing a business card from the “Federal Officers Police Association” with his name. He further claimed he worked for the Department of Homeland Security and was transferring to INTERPOL in Italy.
Convinced by Weng’s claims, the victim handed over $500,000, believing it would be invested as part of her EB-5 visa application. However, prosecutors allege that Weng pocketed the money and deceived her for nearly eight years, never submitting any application on her behalf.
Weng reportedly refused to provide the victim with any physical or electronic documentation, insisting that the process was part of a government-backed program that required secrecy. At one point, he claimed that delays were due to a lawsuit in California related to the EB-5
Weng then allegedly provided the victim with the receipt number of Form I-526, Immigrant Petition by Standalone Investor, assuring her that she could track her application status on the USCIS website. He also showed her what appeared to be an I-526 approval notice in January 2020. In October 2022, Weng even instructed the victim to meet him in front of the federal courthouse in Los Angeles to sign paperwork related to her application. However, a USCIS database review on Dec. 3, 2024, found no record of any EB-5 paperwork filed for the victim.
By April 2023, as the victim’s suspicions grew, Weng allegedly threatened to withdraw her EB-5 application and refund her money if she did not continue to trust him. On June 1, 2023, he sent her a WeChat message with a photograph of a purported bank statement from Ding Cheng Overseas Management Inc., showing a deposit of $510,491, representing the victim’s refunded money. However, investigators say the document was fraudulent. Instead of the $631,376.82 in deposits he claimed, the account had only $491 in deposits for April 2023.
Between January and March 2024, Weng returned a total of $75,000 to the victim through three wire transfers. To date, he has not repaid the remaining $426,500.
In recent years, the EB-5 program has faced increased scrutiny due to a high volume of fraud cases, raising concerns about its integrity. Recently, President Trump stated that he is considering replacing the program with a “Gold Card” investment program, which would require a $5 million investment for a green card, also known as permanent legal residency.
“As alleged, Weng falsely represented himself as a member of federal law enforcement to gain the trust of an unsuspecting victim,” stated United States Attorney Durham. “The defendant preyed on the victim’s desire to become a United States citizen and pursue the American dream, then stole not only that dream, but also hundreds of thousands of dollars. Today, real law enforcement agents put the handcuffs on this fraudster and he will now have to answer for his crimes.”
The EB-5 Immigrant Investor Program allows eligible foreign nationals to obtain U.S. permanent residency by making significant investments in new commercial enterprises. Administered by U.S. Citizenship and Immigration Services (USCIS), the program is designed to stimulate economic growth and job creation.
In addition to investing in a new commercial enterprise, EB-5 applicants must meet specific job creation and capital investment requirements. For petitions filed before March 15, 2022, investors were required to contribute a minimum of $1 million, or $500,000 if the investment was made in a rural or high-unemployment area. The investment also had to generate at least 10 full-time jobs for qualifying U.S. workers.
Weng was arraigned before U.S. Magistrate Judge Lara K. Eshkenazi this afternoon. The charges were announced by U.S. Attorney John J. Durham for the Eastern District of New York and FBI Acting Assistant Director in Charge Leslie Backschies.
Weng is charged with wire fraud, mail fraud and impersonating a federal law enforcement officer. If convicted, Weng faces a maximum sentence of 43 years in prison. Authorities urge anyone with information about Weng’s crimes to contact the FBI at NY_WengTips@fbi.gov.
